PRAYETZ

Applicant prays that the Court of Criminal Appeals o@peres
that the Travis County Dietrich Clee prepare and trongnit the
Garand slay \ndiétmont Records From tre tyarh District Court found
ad Vowumé (204 Pre SUL and, the JUPaMeNT AND SeIrTEN CE,
Prand ok VOLUME 494] PAGE SIL +0 thhe Couct oF Crumuiad

Appel 50 thot relief eauesled in ponding \lL07 Can be GRATED,
See Mom. 0f Law of 7.

‘Respectful Submitted,
Charles Buuwton agplcant

Allred Unt HG 37)]
lot €mFleq North
Coma arte Texas 37

CERTIFICATE OF SERVICE

L Charles Bunton, applicant swears wader penalty of perry Thala
correct Copy oP His APPLICANTS OBA ECTONS FD ENDINGS OF FACT
LCOMMADE NOM, AND OLDER-Th TRANSIT HABEAS CaePus RCOe? (Post-
Coantcras! eat MAPHCATTON) Was wale by SA but 2a she
Court of Travis Comaty to \Velval Price District eck; Travis Const Pd BOX
11400 Arvstin (Texas 1817-9003 axnd to District Mlornay (Travis Coury
P.0. BOK 1148, Avston TKIBTULT on This loth aay of Apel dos,

%0FD


(00, §S® -b§

from: Chawles D.Burhn
foipeaaa Se
fowa trl, Tkw4le APR 1.0 205
April 0S Abel Acosta, Clerk
Toi Court of Cominal Appeods of Texas

Pd: Box (L408 Capitol Stahon
Aust ((exas79-ll

QE* EX PARTE Chai BuNTDN No. D-l-DC-02-Gp241n~G,

Deus Clerks

Crchosed Foe Filing Applicants Objections tb Fndiiigs ne Finck,
Pecommendation, and. Order To Transmict Habeas Corpus ecord
(fost-Convichén Weif Pyplicahon):

A copy Was forwarded by Applicant tp both the 20H Distreet Cow
of Travis County 2oVelval Pr ot Dish Clerle Wravic County anc ow
Copy WAS meshed fe Distrot Aifornes of Travis Gunk, 1 [eas
P| care Re the enclosed obechow in the above-Shy}ed “reheat ie
Por post conviction writ of habeas corpus, which % still Pending
cu your Conct af Crimana Anperls of Texas,

Thane (yon for yur lund assistance wn this meter,

5 cel \
Charles Brut
Deplicayal


NO.D-I-9C-02-4D24U42-G

EX PARTE : IN THE Covet OF CRIMINAL
8
CHARLES DoUaLAS BUNTON § APPEALS OF TEKAS

APPLICANT'S OBJECTIONS To

CinDWAS OF FACT, ZECONMENDATION , AND
ORDER Td TRANSNUT HABAS ConPus QECoRD

(Post CoNETION WRIT AppLica TION)

Tp THE HONDRABLE JUPEES OF SAID CouRT?
Now comes the frpplicat in the Above numbered and styled
cause, and respect ally Piles the Following obechons 3

OBJECTION To FINDINGS oF FACT
AND CONCLUSIONS OF LAW Ie af |.

Applicant abject becamse tho indictment was graded - the" level
of Felon oPfonce or "degree of Felony offense’ was graded as a third
degree ; Uory at the Grand Ir level, see Cledis OfGce records
Volume (24H ad PayeS 12. See alto Mem-af law of 4.

DBIECTION Tb FINDINGS OF FACT
AND CONCLUSIONS OF Law 3. at |.

Applicant sbyects here because this ts whore a. crchcal Lack is kept
out of the ade recovol: The Texas Leslatwe requires the degree
of- ofbense tp be elected in the Indament ard Seuilence, see Meme oF

Low at 2-3 and 07 Applicahan at QT.

Lor3


OBJECTION TD FINDINGS 6 F FACT
PND CONCLUSIONS OF LAW 10, af 3,

Applcautt obects because nof one of the previous (2 aplicachous
“Complaine that the Court of Appeals wromgflhy ottirmed the
applicants conviction. This i4ne of agphcant learning oF whet deyrce
of Felony is rePlected ia the dudamnowt of Sentence is not the cssuet
Tire iggue io The Comt of Appeals wrongly oP firmed applicounts
thicd dygree Felony convichbn when tf eine a Stade jail Pelony
convichons There i no other issne besides this one.

OBJECTION Th FINDINGSOF FACT

ARID CONCLUSIONS OF LAW I. ot 3.
Applicavit 6 pects fo CONCLUSIONS OF LAW 1, a 3 because the instant
application is entirely with merit on ks Sele ground and'Achele H-07
Sec. ¥(a) A) and Article Hle07,Sec.4© allows this subsequent 11,07 appleadtin
ty avoid a Section 4 bar by establishing that  fachal basis now exists
that was unavailable to the sy phcant when he fled his wichal post -
conviction weit application. See Mom. ef Law at t~7.
Alo, applicant object because this sole issue in the UOT applcathoist
has nover boon lihgated on direct aspen! and applicant pouats ont that
this tsone would not appear wuntil after direct eppeal was over andl
the mandate tsoned. On dicect appeal, applicants third degree felony

was het aPGemed ~ a Stale jul Felon was alermed and the convicton
in the hudyment and Sentence is Gr athird desree felony cnota statejai) .

‘LoF3