Franks, Hershell AKA Franks, Hershel ( 2015 )


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    Mr. Hershei Franks #285287
    wayne Scott Unit
    6999 Retrieve Rd.
    Angieton, Texas 77515
    duly 14, 2015
    Court of Criminai Appeais
    District Cierk; Abel Acosta
    Supreme Court Bldg.
    201 w. 14th St. Rm. 108
    P.O. Box 12308
    Austin, Texas 78711-2308
    Re: EX PARTE HERSHEL FRANKS WRIT NO. 278414-1.
    Bear Mr. Acosta;
    Piease find enciosed my response the District Attorney's objections and
    order. Piease fiie this in the above entitled cause and bring it to your court's
    attention to be heard with this cause. I want to thank you in advance for your
    time and attention in this very important matter. I await your court' s response
    at their earliest convenience.
    Respectfuiiy requested,
    \R…§ MQ\
    Hershei Franks
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    Cause No.278414-I
    . E,x PARTE § THE couRT oF cRIMINAL APPEALs
    HERSHEL FRANks, v § AusTIN, TExAs '
    Applicant
    l APPLICANT'S RESPQNSE TO THE STATE'S 0RIGINAL ANSHER
    TO THE HONORABLE JUSTICES OF SAID COURT:
    COHES NOH, HERSHEL FRANKS, Applicant herein and in support of this motion
    will show this Honorable Court the following:
    I.
    Applicant present claims are based upon a factual predict that have not
    been previously available. Applicant hasn now provided documentation verifying
    that both the factual and legal basis of these claims was unavailable. On
    0ctober 6, 2014 applicant wrote to the Harris County District Clerk: Chris
    Daniel seeking two copies of two different indictments. See attached Ex. A. On
    11-11-14 upon receipt from the District Clerk (a copy is now attached as Ex. B)
    - applicant was totally unprepared to discover that the Grand Jury returned a "NO
    BILL." Applicant quickly prepared and submitted his present 11.07.
    Applicant previously had no way of knowing that the Grand Jury issued a "NO
    BILL" and subsequentlyl the District Attorney forged an indictment to bring
    applicant to trial. Applicant in his widest dreams did not even imagine this
    documentation existed nor that the District Attorney engage in such illegal
    conduct just to convict applicant, Therefore, it was impossible for applicant to
    have previously presented his present claims. Because the factual and legal
    basis were unavailable. See TEX.CODE OF CRIM. PROC. ANN art. 11.07 §4(a)(1):
    "The current claims and issues have not been and could not have been
    presented previously in an original application or in a previously
    considered application filed under this article because the factual §§
    legal basis for the clain\ was unavailable on the date the application
    filed the previous application."
    Because applicant has provided specific facts establishing that the "NO
    ``BILL"`` was previously unavailable which forms both the factual and legal basis of
    the claims in this 
    11.07 supra
    . Therefore, the claims in this 
    11.07 supra
    are
    exempt from being dismissed due to the second successive writ. 11.07 §4 a)(l).
    HHEREFORE, FREHISES CONSIDERED, Applicant prays that this Honorable court
    will overruled the recommendations of the D.A. and reach the merits of each
    claim applicant has _presented in his 
    11.07 supra
    , and grant him any other or
    additional relied is justly entitled to, it is so prayed.
    Respectfully submitted, m
    \\e\awt \1<@~\\@
    Hershel Franks #285287
    Wayne Scott Unit
    6999 Retrieve Rd.
    Angleton, Texas 77515
    CERTIFICATE 0F SERVICE
    I, hereby certify that I have sent a true and correct copy of this motion
    to`` the District Attorney addressed to. Andrew Smith, Assistant District
    Attorney, lHarris County, Texas, 1201 Franklin St. Ste. 600, Houston, Texas
    77002, by placing a true and correct ~copy in the U.S. Mail postage prepaid on
    this 14th day of July, 2015.
    \\w\$\s§i ``§\Y w\~->‘»
    Hershel Franks
    ,// ' 'Ehan(s Hershel 1285237'
    wayne Scott uni;,i
    6999 Retrievel§o.
    Angleton, Texas 77515
    .``/
    . 0ctober 6, 2014 `` ;§§,
    § " ChdsDanml il if
    District Clerk Dl$frlct Clerk »"_
    Chris Daniel ‘ N y `` j tx
    210 Caroline St. Ste. 420 nm.. o 0 1 Zopl' i 11 z
    1 '- »r
    Houston, Texas 77002
    Re: Optaining two copies of my indictments. ,anny _ ii=i\ q
    wear Mr. Daniel; _/
    Sir, 1 sincerely need your assistance. l need two copies of my original
    indictment in cause #134805 NOI THE SECOND OFFENDER. The char e is ROd&ER¥ 51
    A§SAULI. Also two copies of my indictment in cause §1091 6 the charge is
    RUBBERY BY AS$AULT. l will enclose a four dollar money order for payment. l want
    to thank you in advance for your time and attention in tnis matter.
    Re 'ectfully requested,
    ranks Hershel
    ~" ~‘~;~ ~ `` *:'~:``~-~'``' ``~ - vf}/@ J/v( E Xl'll BIT A A~..».._._..._._.;_“;:..``: ,::``5;___.:____
    November 14, 2014
    Hershel Franks #285287
    Wayne Scott Unit
    6999 Retrieve Rd.
    Angleton, Texas 77515
    Re: Your Request Received: l 1/11/14
    Reference Name: Franks, Hershel
    Cause Number: #278482
    Dear Mr. Franks
    Certif``ied copies of the Criminal document(s) in the above referenced cause number(S) _are
    enclosed.b
    § Other: Receipts
    Your Receipt is enclosed. lf you are due a refund, it will automatically be processed by the Harris County
    Auditor’s Off``lce.
    Sincerely,
    ChriS'Daniel, District Clerk
    Harris County, Texas
    By fw
    Denise Elliott, Deputy District Clerk
    Enclosure
    201 CABOL|NE - P.O. BOX 4651~ HDUS'I'ON. TEXAS ~ -77210-46_5_1 - (713) 755»7300
    _ www.hcdistrictc|erk._com__ _
    

Document Info

Docket Number: WR-10,319-16

Filed Date: 7/20/2015

Precedential Status: Precedential

Modified Date: 9/29/2016