# ^1, tty-O/

MR. ASHLEYBURLESON
ATTORNEY AND COUNSELOR AT LAW 1001 TEXAS AVENUE • SUITE 1400 • HOUSTON, TEXAS 77002 CELL PHONE (713)201-7399 FAX (888)260-5496 EMAIL ASHLEYCANDO@GMAIL.COM Abel Acosta Clerk 

### Texas Court ofCriminal Appeals P.O. Box 12308 December 24, 2013 Austin, Texas 78711 

### PvE: Postconviction Application for Writ ofHabeas Corpus Cause No. 1228363-A 

### Dear Clerk, 

### Please find enclosed for filing in the above-referenced Cause Applicant's 

### Motion for Rehearing and attachments thereto for filing among the papers in the above-referenced Cause. 

### Your prompt attention given to this matter will be appreciated. Respectfully Submitted,
Mr. Ashley Burleson, AttorneyAtLaw 

# ^N O5 m AshleyB. Bauson K Texas State BarNo. 24058633 

# Atoe\Acosta, C»e x 00x TexasAvenue5 Suite x 400 Houston, Texas 77002 

### Telephone: (713)201-7399 Facsimile: (888) 260-5496 Email: ashleycando@gmaiCause No. 1228363-A Chan Lau § Applicant Vs. § In the Court ofCriminal Appeals ofthe State ofTexas The State ofTexas § State § MOTION FOR REHEARING To the Honorable Court ofCriminal Appeals: 

### Now comes the Applicant, Chan Lau, and moves the court to set aside thejudgment ofthe Court denying Applicant's post-conviction Writ ofHabeas Corpus rendered and entered herein
on or about the 26th day ofNovember, 2014, and grant a rehearing ofthis cause, for the following reasons, to wit: In violation ofArticle 11.07 (3)(c) ofthe Texas Code ofCriminal 

### Procedure, the 351st Judicial District Courtfailed totransmit all of the existingrecord in this Cause to the Court ofCriminal Appeals. The omission included evidence supporting Applicant's claims. Attorney for Applicant verified with the Court ofCriminal Appeals on December 19, 2014, that this portion ofthe record was absent from those records transmitted to this Court by 

### the351st Judicial District Court. Applicant states that the nameof theopposing counsel in this
cause is Andrew J. Smith , and he resides in , Harris County, Texas. 

### Argument and authorities in support ofthis Motion for Rehearing are attached hereto and made a part hereof.Respectfully Submitted,

Mr. Ashley Burleson, AttorneyAt Law By:. 

### Ashley B. Etufleson Texas State Bar No. 24058633 1001 Texas Avenue, Suite 1400 Houston, Texas 77002 Telephone: (713)201-7399 Facsimile: (888) 260-5496 Email: ashleycando@gmail.com

CERTIFICATE I, Ashley Burleson., attorney ofrecord for Applicant, .Chan Lau., hereby certify that a true and correct copy ofthis Motion for Rehearing, together with written arguments and authorities attached thereto, have been delivered to the following parties, by posting, certified mail, to their 

## address, this the "2^ f 7^-dayofDecember ,2014. and addressed as follows:
Chris Daniels 

### Harris County District Clerk 201 Caroline, Suite 420 Houston, Texas 77002 Andrew J. Smith 

### Assistant District Attorney Harris County, Texas 

## 1201 Franklin, 6th Floor Houston, Texas 77002.
Ashley B. B 

### ^l_Cause No. 1228363-A Chan Lau, Applicant, Vs. § § The State ofTexas, State. § 

### In the Court ofcriminal Appeals ofthe State ofTexas

ARGUMENTAND AUTHORITIES

ON MOTION FOR REHEARING Argument The Court denied Applicant's Application for Writ ofHabeas Corpus without written opinion on November 26, 2014. This Court denied Applicant's Application for Writ ofHabeas 

### Corpuswithoutbenefit of acomplete recordtransmitted to this Court by the Clerk of the 351st Judicial District Court. Specifically, the clerk failed to include among the records in this Cause
i 

### Applicant's (Exhbiit B Original Money Orderwhich accompanied Applicant's Memorandum of Fact and Law in Support ofApplication for Writ ofHabeas Corpus and (Exhibit Blank Money Order) which accompanied Applicant's Objections to State's Proposed Findings ofFact and Law, Conclusions ofLaw and Order. 

### In his application for Writ ofHabeas Corpus, Applicant raised as one ofhis claims a claim ofactual innocence grounded on the fact that there does exist an original ofthe money order in question. The exhibit excluded by the clerk demonstrates the existence ofthe original ofthe money order in question and therefore supports Applicant's actual innocence. See: Memorandum of FactandLaw in Support of Applicationfor Writof Habeas Corpus.On or about December 19, 2014, in response to an inquiry from Applicant's counsel ofrecord, Ms. Victoria Jones ofthe Texas Court ofCriminal Appeals sent, via email, copies ofall materials transmitted by the District Clerk to the Court ofCriminal Appeals

Authorities Article 11.07, § 3(d) ofthe Texas Code ofCriminal Procedure requires that the clerk ofthe 

### convicting court, in this case the 351st Judicial DistrictCourt, "transmit to the Court ofCriminal Appeals, under one cover, the application, any answers filed, transcripts ofall depositions and hearings, any affidavits, and any other matters such as official records used by the court in resolving issues offact." "That is, the statute requires the clerk to forward all pertinent material in the habeas record, including transcriptions ofall hearings, all exhibits, and all memoranda of law." Article 11.07, § 3(d), T.C.C.P., Ex Parte Jackson, 366 S.W.3d 201 (Tex.Crim.App.2012). Where the clerk ofthe convicting court fails to transmit a complete record to the Court of Criminal Appeals, Applicant is denied due process and equal protection ofthe law guaranteed to him by the United States Constitution and the Texas Constitution.

Conclusion and Prayer WHEREFORE, premises considered, Applicant prays that this Court withdraw its mandate, 

### allow Applicant to supplement the record with (EXHBIT B ORIGINAL MONEY ORDER), grant this Motion for Rehearing, and in the interest of justice, grant the Application for Writ of Habeas Corpus (No. 1228363-A), reverse the conviction in Cause No. 1228363, and order Applicant's immediate release from Respondent's custody.

### Respectfully Submitted,
Mr. Ashley Burleson, Attorney At Law


### Ashley B. Buneson Texas State Bar No. 24058633 

### 1001 Texas Avenue, Suite 1400 Houston, Texas 77002 

### Telephone: (713)201-7399 

### Facsimile: (888) 260-5496 Email: ashleycando@gmail.com

# W&lmartX'C Save money. LiM better. • ME SBX FOfi LESS
swraTM. J.000.S ^ T8K& i.ooo.eo 

## ' MA- !*"£. ft ITEHS SOLD 2 JHLJKfii028 2*85 8646 2668 

### ^CSJSlfHn V* Mrtr.-frl.ndTM •rt.cm/ar

IMTilO *•'• utrA <orv or munua FOR TWm IKOROV MUI1IMGA UMA COMA M im ncao mm w akhwoi