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 aappeal 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 

## JAW092015CAUSE 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, InitsEntirety

TO THE HONORABLE COURT OF CRIMINAL APPEALS: 

### Nowcomes Carlos Guadalupe Cantu, andfiles this hisMotion tocorrect judgment 

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

### that hehad original filedanapplication forWrit ofHabeas Corpus Article : 

### 11.07. In the 389th. Judicial District Court ofHidalgoCounty, Texas, challenging aCapital Life Sentence for count one and a 99year sentence for 

### AttemptedCapital Murder, count two-. Applicant's plead before the court jury was not guilty to both counts. 

### The respondant filedaresponse to theapplications requestingrelief be denied. This court then issued a remand order in CR-3257-H, however, did not specificlyshow in its White Card sent toapplicant whether it was for count oneCapital Murder Life sentence orcount two Attempted Capital Murder 99 year sentence.

### This court then on May27, 2009 issuedaWhite Card stating that onthis 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 reviewor 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, andrequestedthe federal 2254application<fe~denied and dismissed pursuant to theA.E.D.P.A. one year time limitation. The Federal 

### District Court dismissed his application pursuant totheA.E.D.P.A. And has further ruled that applicant need not file a secondapplication. The applicant further pursued with aCO.A tothe United States Court 

### ofAppeals 5th. Ciruit andhis CO.A. was denied. Theapplicantwould submitt to this court that the federal District courts jurisdictionwas limittedto 

### time-bared issues onlyforwhichaCO.A. couldbegranted for.This fact was because the state trial court and this court have failed to address theclaims raised in the stateapplication 11.07 and the federal writ 

### of Habeas Corpus, preserving theclaims f«wrstate court review. Thereby limiting a COA ruling to time bared issuesonly, whereas the state has not waived the claims. Theapplicant thenfiled 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 enterwindwith his Capital Murder andAttempted Capital Murder:incause 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 clearlydemonstrated'1inihis'first application that he was entitle to a reversaland 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 hehas infact prevailed inthe 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 acapital murder alias conviction of the stateapplicant isbeing 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 incause number CR-3257-03-H count one and two.

### Andorderthe respondantto address the claims raised. The responant failed to address the claims in his second application, forwhich 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 ofmurderonJanuary 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 ofMurder. 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 notproperly rule/onhis speakingmotion. 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 sentencewas 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, 

### andissue anorder tocorrect his sentence to the 35year judgememt of the trial court, so a direct appeal of his judgement may be taken.

OATH I Carlos CantuGuadalupe, do declare under thepenalty of perjury that the above foregoing contents statedwithin 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. 

### Executedonthis 6th. dayofJanuary 2015 Respectfully submitted

Carlos Cantu Guadalupe Connallu Unit 899 F.M. 632 Kenedy, Texas 78119