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3A73 Mr.Terry Sterlin TDCJ-ID#816777 Diboll Unit 1604 South First Street Diboll,Texas 75541 December 5,2017 The Honorable Clerk, Ms.Deana Williamson Texas Court of Crimianl Appeals P.O. Box 12308, 'Capitol Station Austin,Texas 78711 Re: WR-25,73908 Trial Cause No. 26496 A-3 Motion For Reconsideration Dear Honorable Clerk, Enclosed, please find one Motion for Reconsideration in re gards to the above titled numbered cause. I respectfully re quest that once you have received these-papers that you file, stamp-date them and bring them to the attention of the Honorable Justices so that a decision can be rendered on my request for relief stated herein. In closing, I thank you in advance for any assistance that you may provided concerning this matter. Respectfully, "uUv\ MMAvj Terry Sterlin TDCJ-ID*816777 Diboll Unit 1604 South Frist Street Diboll,Texas, 75541 - COURTOF CRIMINAL APPEALS DEC 18 2017 Deana Williamson, Clerk IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN,TEXAS $ EX PARTE $ TERRY STERLIN S $ WR-25,739-08 APPLICANT'S MOTION FOR RECONSIDERATION TO THE HONORABLE " J.USTICES ' OF THE COURT OF CRIMINAL APPEALS: COMES NOW, Terry Sterlin,TDCJ-ID#816777, hereinafter referred to as the "Applicant" in his pro se capacity and files this Motion For Reconsideration in regards to the Court 's dismissal of his post-conviction Writ Of Habeas Corpus, pursuant to Article 11.07 sec. 4, Texas Code of Criminal Procedure, and will res- ^m RECEIVED IN pectfully show this Honorable Court the following: COURT OF CRIMINAL APPEALS DEC 1.8 2017 ' I. Deana Williamson, Clerk STATEMENT OF THE CASE I On or about September of 2017, the applicant filed a "Sub sequent Post-Conviction" Writ of Habeas Corpus Article 11.07, contending that his second application was based on "Newly Discovered Evidence" that was not avaiable or not known at the time of the of his trial which was a Google map that showed the area and distance of where the alleged offense ocurred ana the -1- allegation that he sold,possessed or obtained drugs in a drug free zone within 1000 .yards of a school in violation of the Texas Health & Safety Code for which he was convicted. He con tends that with this "New Evidence" it clearly shows that he was denied his 14th and 6th Amendment rights to Due Process and Effective Assistance of, Counsel of the United States Con stitution. He further asserts that trial counsel failed to to investigate the alleged offense and if had done so would of proven that the offense did not occur- where the indictment alleged and the charged offense may have been reduced to a lesser- included offense to a 2 year State jail offense rather than a ^nd degree felony, therefore, he asserts that the outcome could of been different had trial counsel acted differently and had his best intrest at hand. He further contends that by trial counsel's failure to investigate the case, he was ineff ective at a "Critical Stage" of the criminal proceedings. Strickland v. Washington,
466 U.S. 668,
104 S. Ct. 2052, 80 L.Ed.2d 674(1984); Hernandez v. State,
988 S.W. 2d770, 77 2, (Tex.Crim.App. 1999) . "It is well settled that the right to effective assistance of counsel applies to certain steps before trial,especially having counsel present at ALL "Critical Stages" of the criminal proceedings..." Montejo v. Louisana,566 U.S. 778,786 (2009)quoting: United States v. Wade,
388 U.S. 218, 227-28(1967). -2- II. Haines v. Kerner The applicant contends thafbecause of his failure to inform this Honorable Court that his successive post-conviction writ of habeas corpus was based on "Newly Discovered Evidence" and violations of his Texas and United States Constitutional right's he should not be held to the same standards as a license attorney since he is not trained in the rules of the Court, criminal and appellate procedure and should hot be denied his right to the "Great Writ" when he shows that he has met the burden of proof that he has suffered a miscarriage of justice. Haines v. Kerner,
404 U.S. 519, 521,
92 S. Ct. 594, 30 L.Ed.2d 652(1972). Ill PRAYER WHEREFORE,PREMISES CONSIDERED, THE. Applicant respectfully prays to this Honorable Court that after reviewing the alle gations and attached exhibit he attached to the 2nd writ of habeas corpus article 11.07 that it grant him relief in the intrest of justice, so prays the applicant. Respectfully Submitted, Executed on this the 5" day of Qei 201? Terry Sterlin TDCJ-10^816777 Diboll Unit 1604 South First Street Diboll,Texas 75541 -3- IV. UNSWORN DECLARATION I,Terry Sterlin,TDCJ-ID*816777, being presently incarcerated at the Diboll Unit, a private facility of Manangement & Training Incorporation, a contractor of the Texas Department of Criminal Justice Institutional Division, do hereby declare under penalty of perjury -that the alleged statements contained herein are true and correct. Executed on this the «S~ tK day of Qe.C> , ,2017. Respectfully Submitted, A N, ASWfl lo JxMA—• Terry Sterlin " TDCJ-ID4816777 Diboll Unit 1604 South First Street Diboll,Texas 75541 -4-
Document Info
Docket Number: WR-25,739-08
Filed Date: 12/18/2017
Precedential Status: Precedential
Modified Date: 12/25/2017