ORIGINAL COPY

Carlos Guadalupe Cantu 01251594

899 FM 632 Connally unit

Kendy Texas 78119

71, r?9- 03

o^>

court Of Criminal Appeals

PO. Box 12308

Capital Station

Austin texas 78711

Jan. 6, 2015

Dear Clerk

Please file this motion and bring to the attension of the

court, Applicant files this his motion in Resquest that this

court court Vacate his nule and viod life sentence,. and 99

years in Cr-3257, count one and two. and correct his judgment

to the 35 years as stated by the respondant, and so that a appeal

of the trial courts judgement may be taken.

Please bring this motion to the attension of the court for a

ruling.

Carlos guadalupe Cantu

FCfflMMM.APPEALS

JAW 09 2015
CAUSE NO. CR-3257-03-H (1)

CAUSE NO. CR-3257-03-H (2)

In The Texas Court Of Criminal Appeals

Austin Texas

Carlos Gudalupe Cantu

V.

State Of Texas

Applicant Motion In Request That This Court Correct

judgment, Vacate Life Sentence and 99 Years, In its Entirety

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Now comes Carlos Guadalupe Cantu, and files this his Motion to correct judgment

in cause number CR-3257-03-H (1) and (2). The applicant will show this court

that he had original filed an application for Writ of Habeas Corpus Article :

11.07. In the 389th. Judicial District Court of Hidalgo County, Texas,

challenging a Capital Life Sentence for count one and a 99 year sentence for

Attempted Capital Murder, count two-. Applicant's plead before the court jury

was not guilty to both counts.

The respondant filed a response to the applications requesting relief be

denied. This court then issued a remand order in CR-3257-H, however, did

not specificly show in its White Card sent to applicant whether it was for

count one Capital Murder Life sentence or count two Attempted Capital Murder

99 year sentence.
This court then on May 27, 2009 issued a White Card stating that on this day

the court has received the Clerks Supplimental Record, in response to the

Remand Order issued by the court , and it has been presented to the court

Writ-71,799-01 Trial GT No.: CR-3257-03-H.

Further on May 27, 2009 this court issued a second White Card now stating

that on this day the application for 11.07 Writ of Habeas Corpus has been

received and presented to the court now Writ 71,799-02 Trial Ct. No. CR-3257-

03-H (1) now count one.

This court then denied applicant's Writ of Habeas based on a Supplimental

Record of the court Clerk, who failed to provide applicant with a copy of any

Supplimental Record filed on applicant's behalf. The applicant was denied by

this court and the trial court to review or challenge any Supplimental Record

provided by the court clerk for which this court denied applicant relief of

his Capital Life Sentence for Capital Murder, and '99 year sentence for

Attempted Capital Murder, trial court Cause CR-3257-03-H count one and two.

The applicant then persude with his Federal Writ of Habeas Corpus 2254,

and the respondarit again failed to address the claims raised in his state and

federal applications, and requested the federal 2254 application <fe~denied and

dismissed pursuant to the A.E.D.P.A. one year time limitation. The Federal

District Court dismissed his application pursuant to the A.E.D.P.A. And has

further ruled that applicant need not file a second application.

The applicant further pursued with a CO.A to the United States Court

of Appeals 5th. Ciruit and his CO.A. was denied. The applicant would submitt

to this court that the federal District courts jurisdiction was limitted to

time-bared issues only for which a CO.A. could be granted for.
This fact was because the state trial court and this court have failed to

address the claims raised in the state application 11.07 and the federal writ

of Habeas Corpus, preserving the claims f«wr state court review. Thereby

limiting a COA ruling to time bared issues only, whereas the state has not

waived the claims.

The applicant then filed a second application for Writ of Habeas Corpus art

11.07 in hope that the state court would address the claims raised and

presented the court with other cause numbers that he just learned of that

enterwind with his Capital Murder and Attempted Capital Murder:in cause number

CR-3257-03-H count one and two. The respondent filed a response to application

number CR-3257-03-H(2). And in his response he states that on April 3, 2003

that applicant was indicted for the offense of Capital Murder, and that on

January 10, 2007, applicant plead guilty to the lesser offense of Murder and

was sentence by the trial court to 35 years. This is not a true statement

applicant did not plead guilty in cause number CR-3257-03-H count one or

two which was capital murder and attempted capital murder, life sentence and

99 year sentence. The applicant clearly demonstrated'1 inihis'first application

that he was entitle to a reversal and remand of his life sentence and 99 year

sentence for count one and two the convictions he is alleged to be convicted

by jury'trial in an actual arraignment proceeding. And the fact is a reversal

and remand was issued. However, due to a clerks supplimental brief filed in

response to a remand order. Applicant was denied to challenge suppliment

clerk record.

The applicant would show this court that he has infact prevailed in the

reversal of his capital life sentence and 99 year sentence in cause number

CR-3257-H count one and two. Two nule and viod judgement of the trial court

holding a 35 year sentence in cause number CR-870-02-0 JP 3 1 for which is

also a capital murder alias conviction of the state applicant is being denied

to challenge.

And therefore this court must reverse the trial court's life sentence

judgement, count one and the 99 year judgement count two in cause number

CR-3257-03-H count one and two.
And order the respondant to address the claims raised. The responant failed

to address the claims in his second application, for which was a successive

application clearly demonstrating an entitlement to relief. Hc-w/respondant

went on to alleged that applicant was sentence to 35 years on a plead of

guilty for a lesser included offense of murder on January 10, 2007. And that

relief be denied by this court. This court then denied basedion this alleged

statment of the court's factsmade by respondant. Stating that applicant only

has a 35,year sentence, for count two in CR-3257-H count two.

The applicant then filed a Speaking Motion in this court for this court to

Order the Texas Department of Criminal Justice to correct his sentence to

35 years as alleged and persuant to the respondant's response to application

CR-3257-03-H count two. This court denied to issue an order to TDCJ to correct

his sentence to 35 years as respondant states applicant received on January

10, 2007 for a lesser offense of Murder. However, then denied applicants writ

of Habeas Corpus based on this 35 year sentence alleqed by respondant in

CR-3257-03 Count two.

Applicant would present this motion to the court that he needs

a ruling by this court to declare his nule and viod life sentence

for count one invalid and his nule and viod 99 year sentence for

count two in cause number CR-3257-03-H count one and two invalid.

This court has the jurisdiction to remand the case back for

a sentencing trial and to order the the trial court to respond to

the claims raised in the application Whereas the federal courts

have ruled that applicant need not file a second application

2254 in case number CR-3257-03 count one and two. Applicant needs

the states highest court to correct his sentence and issue a new •

judgment for which an appeal could be taken from or to deny his

motion to where applicant could proceed to the Federal District

for relief demonstrating his enterwined cause numbers by the

states court to deprive one from fairly challenging a state judges

sentence of conviction depriving him of his rights, misleading

him with the cause of action.
The applicant would submit that this court did not properly rule/on his

speaking motion. This court denied CR-3257-03- count 2. And by respondant's

facts presented to the court, CR-3257-03 count,2 is a 35 year sentence.

However, the fact is that this court should have declared his life sentence

invalid, count one in CR-3257-03 and 99 year sentence count two in CR-3257-03,

and remand the case; back to a sentencing trial in CR-870-02-Q Jp 3—1.

In the states pending indictment returned by the jury for a lesser offense

of murder, the applicant would submit that this case in CR-870-02-Q JP would

be the case respondant claims a 35 year sentence was imposed by the trial

court on January 10, 2007. Applicant needs this court to vacate his life

sentence and 99 year sentence in CR-3257-03 count one and two, order his

sentence and judgement of the trial court to reflect the 35 years in

CR-870-02-Q-JP 3-1, where he may take an appeal from this judgement.

And so that a Habeas Corpus need not be filed for denial :'bf appeal in

CR-870-02-Q- JP3-1.

PRAYER

The applicant prays that this court vacate and declare his life sentence

for Capital Murder and 99 year sentence for Attempted Capital :Murder. invalid,

and issue an order to correct his sentence to the 35 year judgememt of the

trial court, so a direct appeal of his judgement may be taken.

OATH

I Carlos Cantu Guadalupe, do declare under the penalty of perjury that the

above foregoing contents stated within this his Motion to Correct Sentence is

True and Correct to the best of my knowledge pursuant to V.A.C.C.P. Art.

11.14 (5), and TEX. CIV. PRAC. and REM. CODE § 132.001 thur 132.003.

Executed on this 6th. day of January 2015

Respectfully submitted

Carlos Cantu Guadalupe

Connallu Unit

899 F.M. 632

Kenedy, Texas 78119