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 NO. PD-0190-15 

 IN THE 

 COURT OF CRIMINAL APPEALS 

 OF TEXAS

 

NO. 01-13-00851-CR 

IN THE COURT OF APPEALS 

 FOR THE 

 FIRST JUDICIAL DISTRICT OF TEXAS 

 HOUSTON, TEXAS 

 

THE STATE OF TEXAS § APPELLEE 

§ 

V. § 

§ 

ERIC SANTANA GUANCHE § APPELLANT 

 

 

 APPEAL FROM COUNTY CRIMINAL COURT AT LAW NO. 7 

HOUSTON, TEXAS 

TRIAL COURT NO. 1869024 

 

 

APPELLANT’S MOTION FOR LEAVE EN BANC TO FILE MOTION FOR 

REHEARING ON APPELLANT’S PETITION FOR DISCRETIONARY 

REVIEW 

Appellant asks the Court for leave en banc to file the included out of time 

Motion for Rehearing of Appellant’s Petition for Discretionary Review. The 

purpose of this motion is to reurge the court to reconsider hearing this important 

case. Apart from issues in the Petition, there are very different legal interpretations 

between the legislative and executive branches of Texas government and the 

judicial branch in Texas. 

PD-0190-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 6/1/2015 4:52:21 PM

Accepted 6/2/2015 11:06:02 AM

ABEL ACOSTA

CLERK
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CONCLUSION AND PRAYER 

Wherefore, the appellant prays that this court grant this motion and allow 

Appellant to file the included Motion. 

CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the attached and foregoing 

document will be electronically served on the Harris County District Attorney and 

the State Prosecuting Attorney. 

Respectfully submitted, 

 /S/ Rick Soliz 

Rick Soliz 

T.B.N. 00785013 

P.O. Box 4051 

Houston, Texas 77210 

713-228-1900 

Pro Bono Attorney for Appellant 
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NO. PD-0190-15 

 IN THE 

 COURT OF CRIMINAL APPEALS 

 OF TEXAS

 

NO. 01-13-00851-CR 

IN THE COURT OF APPEALS 

 FOR THE 

 FIRST JUDICIAL DISTRICT OF TEXAS 

 HOUSTON, TEXAS 

 

THE STATE OF TEXAS § APPELLEE 

 § 

V. § 

 § 

ERIC SANTANA GUANCHE § APPELLANT 

 

 

 APPEAL FROM COUNTY CRIMINAL COURT AT LAW NO. 7 

 HOUSTON, TEXAS 

 TRIAL COURT NO. 1869024 

 

 

APPELLANT’S MOTION FOR REHEARING ON APPELLANT’S 

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES, ERIC SANTANA GUANCHE, Appellant in the above 

entitled and numbered cause, by and through his attorney of record, Rick Soliz, 

and submits this Motion for Leave to file his out of time Motion for Rehearing of 

Appellant’s Petition for Discretionary Review. For good cause, Appellant shows 

as follows. Appellant’s timely Motion for Extension of Time to file a Motion for 

Rehearing and Motion for Leave to File an out of time Motion for Rehearing have 
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been denied (original timely motion was denied after deadline to timely file motion 

for rehearing). The Texas legislative and executive branches have promulgated 

law that has been in existence approaching two decades. The law was reviewed 

and approved by both houses of government and signed by our governor. This law 

requires licensed court interpreters for court proceedings involving non English 

speaking people accused of crimes. Violation of such law is subject to up to one 

year in jail and a substantial fine as a class a misdemeanor. The Texas legislative 

and executive branches expect enforcement of such law and have not intended for 

any party or court to be above enforcement of this law or to be protected by any 

entity from abiding by this state’s criminal laws. Appellant has provided relevant 

case law and a memorandum from the United States Justice Department that 

supports the expectations of these two Texas branches. 

On the other side of the issue, the court below disagrees with those two branches of 

government. The court below interprets such plain language of the law to mean 

that Harris County Court number seven is exempt from this criminal law and its 

punishment and may utilize unlicensed court interpreters in proceedings specified 

as mandatory by this Texas law (applicable Texas Government Code section as 

briefed in the petition for discretionary review). The court below sees no issue 

with Harris County Court number seven violating criminal law daily and utilizing 
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unlicensed interpreters in court proceedings thousands of times over many years. 

The court below, resides in Harris County, Texas, and members are not racially 

diverse as are the other two branches of government. Moreover, the court’s 

members have substantial contacts with Harris County courts, and do not believe 

that this infestation of crime, in the atmosphere of court number seven, affects the 

due process rights of Appellant or any Spanish speaking minority defendant 

accused of a crime. This illegal conduct does in fact deprive Appellant and most 

Spanish speaking racial minorities of their due process rights. 

 Counsel hereby certifies that these circumstances and grounds are significant 

and without this court’s intervention and guidance, the issue will remain in conflict 

among the different arms of Texas government and our United States government. 

 Finally, Appellant certifies his Motion is not made for delay, but made in 

good faith to see that justice is done. 

CONCLUSION AND PRAYER 

Wherefore, the appellant prays that this court grant this motion and allow 

Appellant to file the included Motion for Rehearing of Appellant’s PDR. 

CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the attached and foregoing 

document will be electronically served on the Harris County District Attorney and 
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the State Prosecuting Attorney. 

Respectfully submitted, 

 /S/ Rick Soliz 

Rick Soliz 

T.B.N. 00785013 

P.O. Box 4051 

Houston, Texas 77210 

713-228-1900 

Pro Bono Attorney for Appellant