Lexter Kennon Kossie#700661 William McConnell Unit 3001 South EmilyDrive Beeville, Texas 78102
February 27, 2015

Texas Court of Criminal Appeals P.O. BOX 12308, Capital Station Austin, Texas 78711 

# lo,9i$-3&

RECEIVEDIN COURTOFCRIMINALAPPEALS 

## MR042015

RE: FILING MOTION FOR LEAVE TO FILE ACCOMPANYING WRIT OF MANDAMUS

Dear Clerk: Please find enclosed for filing and bringing to the Court's attention the original Motion For Leave To File Accompanying Original Petition For Writ of Mandamus as soon as your time will permit. Thank you.

cc: File cc: 14th Court of Appeals,Respondent Sincerely,

Lext'er Kennon Kossie Pro se Movant/RelatorIN THE COURT OF CRIMINAL APPEALS OF TEXAS
LEXTER KENNON KOSSIE, Relator,

CASE NO.14-94-01171-CR

THE FOURTEENTH COURT OF APPEALS,Respondent.;
MOTION FOR LEAVE TO FILE ACCOMPANYING ORIGINAL PETITION FOR WRIT OF MANDAMUS WITH THIS COURT TO THE HONORABLE JUDGES OF SAID COURT: Comes now, LEXTER KENNON KOSSIE, relator, pro se, 

### herein, and files this petition under the authority of Tex. Const, art.; I, §§ 13 and 27 requesting this Court to issue a writ of mandamus against respondent compelling respondent to rule on relator's Motion To Recall Mandate and will show unto the Court the following: I. This Court have authority to issue writs of mandamus 

### in criminal lawmatters pursuant to Tex. Const, art. V, § 5 and Tex. Code Crim. Proc.art. 4.04, § 1. II. Relator, LEXTERKENNONKOSSIE, is a prisoner of the 

### State of Texas in the custody of the Texas Department of Crim inal Justice Correctional Institutions Division. Relator is 

### currently confined at theWilliamMcConnell Unit addressed: 3001 South Emily Drive; Beeville, Texas 78102. 

### Respondent, THEFOURTEENTHCOURTOFAPPEALS, is the court of appeals whereas relator's direct appeal was filed. The address of the principal office of respondent is : 301 Fannin, Suite; Houston, Texas 77002.III. STANDARD OF REVIEW The standard of this Court is to review whether relator has demonstrated that the act sought to be compelled 

### isministerial. See State exrel. Healeyv. McMeans, 884 S.jW.] 

### 2d 772 (Tex.Crim.App. 1994), citingBraxtonv. Dunn, 803 S.W. 2d 318, 320 (Tex.Crim.App. 1991). .IV-! STATEMENT OF FACTS On or about the 20th day of October, 2014, relator file his Motion To Recall Mandate with the 14th court of 

### appeals in which the court has wholly refused to rule on said motion. On or about the 9th day of February, 2015, relator wrote the court inquiring about the status of said motion in which the court has also refused to respond to.
V. ARGUMENTS Relator contends that the respondent is required to rule on motions p resented to the court in a reasonable time. When a motion is properly filed and pendingbefore a court, the act of giving consideration to and ruling upon that motion 

### is aministerial act, and mandamus may issue to compel the court to act. See In re Ramirez, 994 S.jW.j 2d 682, 683 (Tex.App.- 

### San Antonio 1998, orig. proceeding); see also Saftey-Kleen Corp V. Garcia, 945 S.;W.2d 268, 269) Tex. App.-San Antonio 1997, orig. proceeding). If a motionhas been properly filed and brought to the attention of the court, this court may direct the court to consider and rule upon the motion: however, this court may not tell the court what ruling it should make. See Ramirez, 994 S.;W.;2d at 684. Relator contends that the act sought to be com 

### pelled is ministerial, as opposed to discretionary and relator do not have an adequate remedy at law therefore he has met the 

### two prerequisites,that must be met before a writ of mandamus will issue. See Ordunez v. Bean, 579 S.W.2d 911. 913 (Tex.Crim. 

### App. 1979). (2)WHEREFORE, PREMISES ARE CONSIDERED, Relator 

### prays this Court will grant him leavetofile the accom 

### panyingoriginal petitionfor a writ ofmandamus thereafter, issue awrit of mandamus compelling respondent to rule on 

### relator's pending motion to recall mandate in re CauseNo. 679887 and appeal caseno. 14-94-01171-Cr.
INMATE'S DECLARATION 

### I, LEXTERKENNONKOSSIE#700661, being presently incarcerated at the McConnell Unit in Beeville, Texas, de 

## clarepursuanttoTex. Civ.Prac. &Rem. Code §§ 132.001)a), 132.002, and 132.003 that, according to mybelief, the 

### allegationsmade in this motion are true and correct. 

# SIGNEDONTHISj^7_dayof <JjM/ ' ,2015.
/S// Lexter Kennon Kossie Pro se Movant/Relator

CERTIFICATE OF SERVICE 

### I, LEXTER KENNONKOSSIE, do hereby certify that on 

# thisthe(X7dayofjjW72015,atrueandcorrectcopyof the above and foregoing motion was sent to respondent ciaU.S.] Postal Mail, postage prepaid, at THE FOURTEENTHCOURT OF 

## APPEALS; .301Fannin/Suite, 245; Houston, Texas77002.

(3) 

# (^^)Uh"M9^ zsz Lexter Kennon Kossie Pro se Movant/Relator