that ROBINSON FAILED TO. PRESERVE FOR APPEAL THE ISSUE OF WHETHER THE CONTRABAND SEIZED IN THE SEARCH WAS ADMISSIBLE; when THE RECORD REVEALS WRITTEN STATEMENT AND EVIDENCE, DESPITE DEFENSE'S OBJECTION (HEARSAY) PLACED AS EVIDENCE, THEN "THE ENVELOPE"[STATE'S EXHIBIT 2] AND A DVD[STATE'S EXHIBIT 3] ARE ADMITTED WITHOUT OBJECTION. SEE herein at pages 7-8, Id.
v (CONTINUED) FUR'I'HERroRE, THE "NO OBJECTION" REFERENCED FOR THIS CONCLUSION BY THE CX>URT OF
APPEALS IS IN RELATION ID THE "CHAIN OF CUSTODY, NATURE OF THE CXN.mABAND, AND THE
WEIGHT OF CX>NTRABAND," IN WHICH THERE WAS "NO OBJECTION." See herein at pages 7-8, Id. The 76th TRIAL COURT ERRED "ABUSING ITS DISCRETION" IN REFUSAL TO RE-OPEN SUPPRESSION HEARING, ADDRESS CREDIBILITY OF OFFICER MUNOZ TESTIMONY, ADDRESS AND APPLY LAW TO FACT AS 'ID WHETHER RELA'IDR WAS 'ID APPLY TURN SIGNAL AT THE MEETING OF THE TWO ROADWAYS, RELEASING CONTRACTUALLY HIRED APPELLATE ATTORNEY THEREBY FORCING APPOINTED APPELLATE ATTORNEY WHO DID ABSOLUTELY NOTHING AS TO REPRESENTATION CONSTITUTIONALLY GUARANTEED, AND REFUSAL 'ID ACKNO\tiJLEDGE 11.07 APPLICATION AS TO THE INEFFECTIVENESS OF COUNSEL EXPRESSED HEREIN AND AS RELATED TO 11.07 APPLICATION. The TITUS COUNTY DISTRICT ATTORNEY'S OFFICE has "ABUSED ITS DISCRETION" REFUSING TO ANSWER 11.07 APPLICATION, COMMITTED "PROSECUTORIAL MISCONDUCT TO MALICIOUSLY PROSECUTE" RELATOR THROUGH PERJURED STATEMENTS OF OFFICER'S WHO WERE INVESTIGATED, INDICTED, ARRESTED, \ AND CONVICTED OF FELONY CHARGES FOR PERJURY AND DRUGS, KNOWING STATEMENTS IN REFERENCE TO THE CONFIGURATION OF THE DISPUTED ROADWAYS IS FALSE, ESPECIALLY AS RESIDENTS OF MT. PLEASANT, TEXAS, THEN TO CONTINUE WITH A MISREPRESENTATION OF AN 'IMPLIED "NO OBJECTION" TO EVIDENCE WHEN STATED IN REFERENCE TO A."CHAIN OF CUSTODY TESTIMONY."
CONCLUSION AND PRAYER
For the foregoing reasons, this COURT should GRANT RELATOR'S ORIGINAL PETITION FOR WRIT OF MANDAMUS. This COURT should issue said writ ORDERING THE SIXTH COURT OF APPEALS to WITHDRAW~ THE PANEL'S OPINION DATED DECEMBER 13, 2012, and ISSUE A NEW OPINION REVERSING RELATOR'S CONVICTION AND ORDERING HIS ACQUITTAL.
PRAYER
WHEREFORE, RELATOR PRAYS, based on the foregoing arguments , as well as those arguments asserted in RELATOR'S BRIEF ON APPEAL, this COURT SHOULD GRANT RELATOR'S ORIGINAL PETITION FOR WRIT OF MANDAMUS. THIS COURT should issue a writ ORDERING THE SIXTH COURT OF APPEALS AT TEXARKANA to REVERSE THE JUDGEMENT AND ORDERING TIMOTHY LEE ROBINSON'S ACQUITTAL AND IMMEDIATE RELEASE FROM TDCJ-ID POWLEDGE UNIT, located at 1400 FM 3452, ANDERSON COUNTY, PALESTINE, TEXAS. RESPECTFULLY SUBMITTED,
:;tM~~B%ToW1;61~n1~'' POWLEDGE UNIT T/C 0 - 22 1400 FM 3452 PALESTINE, TEXAS 75803 - 2350
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