1 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 CLERK2 CONCLUSION AND PRAYER **Wherefore, the appellant prays that this court gran t 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 Harri s 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**3 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 att**  **orney of record, Rick Soliz,**

**and submits this Motion for Leave to file his out o f time Motion for Rehearing of**  **Appellant’s Petition for Discretionary Review. For good cause, Appellant shows**  **as follows. Appellant’s timely Motion for Extensio n of Time to file a Motion for**  **Rehearing and Motion for Leave to File an out of ti me Motion for Rehearing have** 4

**been denied (original timely motion was denied afte r deadline to timely file motion**  **for rehearing). The Texas legislative and executiv e branches have promulgated**  **law that has been in existence approaching two deca des. The law was reviewed**  **and approved by both houses of government and signe d by our governor. This law**  **requires licensed court interpreters for court proc eedings involving non English**  **speaking people accused of crimes. Violation of su ch law is subject to up to one**  **year in jail and a substantial fine as a class a mi sdemeanor. The Texas legislative**  **and executive branches expect enforcement of such l aw 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 Ju stice Department that**  **supports the expectations of these two Texas branch es.**  **On the other side of the issue, the court below dis agrees 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 fro m this criminal law and its**  **punishment and may utilize unlicensed court interpr eters in proceedings specified**  **as mandatory by this Texas law (applicable Texas Go vernment Code section as**  **briefed in the petition for discretionary review). The court below sees no issue**  **with Harris County Court number seven violating cri minal law daily and utilizing** 5

**unlicensed interpreters in court proceedings thousa nds of times over many years.**  **The court below, resides in Harris County, Texas, a nd members are not racially**  **diverse as are the other two branches of government . Moreover, the court’s** 

**members have substantial contacts with Harris Count y courts, and do not believe**  **that this infestation of crime, in the atmosphere o f court number seven, affects the**  **due process rights of Appellant or any Spanish spea king minority defendant**  **accused of a crime. This illegal conduct does in f act deprive Appellant and most**  **Spanish speaking racial minorities of their due pro cess 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 ou r United States government.**  **Finally, Appellant certifies his Motion is not mad e for delay, but made in**  **good faith to see that justice is done.**

CONCLUSION AND PRAYER **Wherefore, the appellant prays that this court gran t 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 Harri s County District Attorney and** 6

**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**