COURT OF CRIMINAL APPEALS

OF TEXAS

P.O.Box 12308

CAPITOL STATION

AUSTIN,TEXAS

78711

Julio Torres Palomo

T.D.C.J.#1923341

McConnell Unit

3001 S. Emily dr.

Beeville, Texas

78102

December 28

RPCEIVED IN ' 'COURT OF: CRIMINAL APPEALS

DEC 30 2015

Abel Acosta, Clerk

Subject: Please stamp & date this Petition.

Greetings: May God's blessings be with you & 7yours this holiday season...

Please stamp & date this petition "Motion for Reconsideration of Appellant's

Petition for Discretionary review,with opinion. In it's proper court.

thank you,

Respectfully

X T^^tP

Ct*Z-3fJ&
COURT OF CRIMINAL APPEALS OF TEXAS;:'

EX PARTE I TR.CT.No.28777

JULIO TORRES PALOMO | C0A.NO.06-14-00076-CR

T.D.C.J. #1923341 f PD-0425-15

§

Petition's Motion for Reconsideration

of Appellantant's Pro-Se Petition for

Discretionary Review,With Opinion

TO THE HONORABLE JUGDE OF SAID COURT:

Now comes,Ex Parte Julio Torres Palomo,T.D.C.J. #1923341 currently in confinement

at the William G. McConnell Unit 3001 S. Emily dr. Beeville, Texas 78102.

In request of Petitioner's Motion for Reconsideration of appellant's Pro-Se

Petition for Discretionary review,with opinion.

Petitioner shall show the: following,as this is firmly grounded in the statues

and not for reasons to delay justice.

I.

On December 16,2015, Julio T.Palomo,T.D.C.J.#1923341,was sent a decision from

this Honorable Court stating "Appellant's Pro-Se Petition for Discretionary

review had been refused". It arrived on December 21,2015.

II.

According to rules of Appellant Procedure rule 47.1, "The Court of Appeals 'MUST'

hand down a written opinionrithat is as brief as practicable but'Which addresses

the ev§ry;:;issue-and necessary to finalize the disposition of the appeal"'.

Effective September 1,2003.

in.

REHEARING:Rule 79.1,Texas Rules of Appeellant Procedure.

Parties in a Appellant setting may object,through Motion for rehearing to the

Appellant Court's due to failure to address systemic requirements on the original

submission. See,Hughesvv. State,(CR.APP.1992),878 S.W. 2d 142.

IV.

Remand in the interest of Justice,rule 78.2:

When reversing the Court of Appeals, Judgment. TheCCourt of Criminal Appeals,may

in the interest:-of justice remand the case to the trial court even if a rendition

of the justice is otherwise appropriate. Effective September 1, 1997.

V.

Hughes v. State,878 S.W.2d: 142(Tex.Cr.App.1992).

Where an Appellant Court failed to address issues of whether error has been c;s

preserved or forfeited by the parties.(due to no error of defendant) the parties

may call,to the courts attention for such failure.

(I.).
In Motion for rehearing.

VI.

This Motion gives Appellant Court.opportunity to examine an issue possibly over

looked, thus promoting efficiency in the legal system. A trial Judge has certain

independent duties to perform at a trial,when he fails to perform,any of these

duties the parties may object to,through a Motion for Rehearing.

VII.

The after the fact is not unfair to one party or another... "unless this Court

decides,to dismiss this pro-se petitioner 'without a written order'".

Which simply gives this Appellant"no opportunity"to redress the court,then this

becomes an issue of a violation of the Fourteenth Amendment of the United States

Constitution.

Awritten order(brief)is to maintain the essential integrity of the legal system

by enforcing all, Appellant courts to observe the systemic requirements.

In and for the interest of justice and fair play. It is Petitioner's request that

this Honorable Court conduct a Rehearing on Appellant's issues and Remand this

case back to the Trial Court for a-new"Trial.

PRAYER

Wherefore,all premises maybe reconsidered,may this Honorable court,by the almighty

grace of God... Grant this Appellant all the issues requested set-forth in his

petition,that he maybe remanded back to Trial Court for a new Trial.

So help me God...

Inmate Declaration •.•

I,Juilo Torres Palomo,T.D.C.J.#1923341,hereby declare that I am presently at the

William G. McConnell Unit 3001 S, Emily dr. Beeville, Texas 78102.

I hereby declare under the laws and penalty's of prejury of this State that all

the foregoing fac$s and statements are true and correct to the best of my know

ledge, so help me God.

Executed on this 28 day of

December 2015.

(2).

Respectfully Submitted,

,-^Juilo Torres Palomo"

T.D.J.#1923341

McConnell Unit

3001 S. Emily dr.

Beeville, Texas

78102