Kristin Nichole Bowling v. State ( 2015 )

ACCEPTED 13-15-00300-CR THIRTEENTH COURT OF APPEALS FILED CORPUS CHRISTI, TEXAS 8/5/2015 5:01:52 PM IN THE 13TH COURT OF APPEALS CECILE FOY GSANGER CORPUS CHRISTI CLERK 8/5/15 NO. 13-15-00300-CR DORIAN E. RAMIREZ, CLERK BY DTello FILED- IN - 13th COURT ----- OF APPEALS IN THE COURT OF APPEALS - - CORPUS CHRISTI/EDINBURG, --- TEXAS - - ---- AM ------ 8/5/2015 - - ID 5:01:52 - - PM FOR THE ---- VO ------ OF TEXAS THIRTEENTH SUPREME JUDICIAL DISTRICT CECILE - - FOY GSANGER ---- ---- Clerk AT CORPUS CHRISTI, TEXAS KRISTIN BOWLING, RECEIVED IN 13th COURT OF APPEALS CORPUS CHRISTI/EDINBURG, TEXAS RELATOR 8/5/2015 5:01:52 PM vs. CECILE FOY GSANGER Clerk HONORABLE JACK PULCHER, RESPONDENT SUPPLEMENTAL BRIEF AND MOTION TO STRIKE DISTRICT ATTORNEYS LAST FILING WITH THE COURT OF APPEALS On Appeal from Cause Number 14-AC-0466 in the 105th District Court of Kleberg County, Texas, Honorable Jack Pulcher, Judge Presiding ATTORNEYS FOR RELATOR DAVID T. GARCIA JAIME CARRILLO Attorney at Law CARRILLO LAW OFFICE, L.L.P. 721 E King Ave. 721 E. King Ave. Kingsville, Texas 78363 Kingsville, Texas 78363 Ph.: (361) 595-4142 Ph.: (361) 595-4142 Fax: (361) 595-0544 Fax: (361) 595-0544 State Bar No. 07631800 State Bar No. 03879300 davidtgarcia0881@gmail.com carrillolawoffice@sbcglobal.net TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Attorney for Appellant, KRISTIN BOWLING and respectfully responds to the 13th Court of Appeals inquiry. I. On August 5, 2015, DAVID T. GARCIA received an inquiry from the 13 th Court of Appeal that they have received a notice from the Kleberg County District Attorney’s Office that the criminal case against KRISTIN BOWLING had been rejected. This attorney had not received written notice of that fact. II. KRISTIN BOWLING was released from the Kleberg County Jail for a warrant that was issued for violation of what appellant alleges were improper bond conditions issued by a court without jurisdiction. III. This attorney has made this argument that the District Court lacks jurisdiction to issue pre-trial orders in cases that have not been indicted in numerous previous cases to the Court calling to the attention of the Court and the District Attorney that the continuous standing requirement of pre-trial bond conditions in cases that have not been indicted are without jurisdiction. Numerous defendants have been arrested and incarcerated under this procedure. Every time an objection has been raised, the Court has either released the defendant at a later date or not accept the case. IV. If it is true that the District Attorney is rejecting this case, it only serves to verify and support our position that the District Court has no jurisdiction and no reason to have a standing pre-trial order. V. KRISTIN BOWLING was incarcerated for over 90 days despite having an evidentiary hearing of the lack of jurisdiction of the order. VI. Appellant requests that the District Attorney’s filing of its Notice of Rejection be struck from the record since a copy of such was not sent to the Attorney of record nor was I notified of my client’s release from jail. VII. Without intervention by the Thirteenth Court of Appeals that the local District Court will continue to violate the Defendant’s constitutional rights with its standing order requiring pre-trial conditions on bonds or cases that have not been indicted. WHEREFORE PREMISES CONSIDERED appellant urges the Court to reject the notice filed by the District Clerk since it was not served on appellant’s attorney. Appellant seeks to continue with her writ of mandamus and requests for an order of prohibition. Respectfully submitted, DAVID T. GARCIA ATTORNEY AT LAW 721 E. KING KINGSVILLE, TX 78363 PH: (361) 595-4142 FAX: (361) 595-0544 /s/David T. Garcia By: __________________________________ DAVID T. GARCIA State Bar No. 07631800 davidtgarcia0881@gmail.com