Canton, Jamarios Lechristopher ( 2015 )

PD-0673-15 JAMARIOS LECHRISTOPHER CANTON 1771951 Robertson Unit 12071 FM 3522 Abilene, Texas 79601-8799 May 28, 2015 Honorable Abel Acosta, Clerk Texas Court of Criminal Appeals P.O. Box 12308 — Capitol Station Austin, Texas 78711-2308 RE: Court of Criminal Appeals No. PD-0084-13 & WR-81. Court of Appeals No. 12-12-00118-CR .TrJ&a Court Case No. F1Q17409 145th District Court Jamarios LeChristopher Canton v. The State of Texas Bear Mr. Acosta:: Please find enclosed the originals only of my RELATOR'S MOTION MOTION REQUESTING VOLUNTARY DISMISSAL OF HIS PETITION FOR A WRIT OF MANDAMUS AS BEING MOOT, and my APPELLANT-PETITIONER'S MOTION TO RE VIVE AND REINSTATE HIS PREVIOUSLY FILED PETITION FOR DISCRETIONARY REVIEW for filing among the papers in the above referenced action. Be advised that I have forwarded carbon copies of same, under cover of a copy of this let.tef^,, to the State Prosecuting attorney, Ms. Lisa McMinn, Esq., and to the Nacogdoches District Attorney Ms. Nicole Lostrace©, Esq. to her office in Nacogdoches. I again thank you so very much, in advance, for your kind and generous assistance in this matter. FILED IN Very respectfully, I remain, Your obedient servant, COURT OF CRIMINAL APPEALS jun 03 im /^Jamarios L. Canton, Appellant Abel Acosta, Clerk JLC/grs RECEIVED IN cc: Ms. Nicole Lostracco, Esq. Ms. Lisa McMinn, Esq. COURT OF CRIMINAL APPEALS Mr. Gordon R. Simmonds Case Files - HABEAS JUN 03 2015 Enclosures: As stated above AbetAcosta, Clerk NO. PD-0084-13 IN THE COURT OF CRIMINAL APPEALS OF TEXAS JAMARIOS LECHRISTOPHER CANTON, Appellant-Petitioner -vs- THE STATE OF TEXAS, Appellee-Respondent On Petition Seeking Discretionary Review ©£ Court of Appeals No. 12-12-00118-CR Court of Appeals For The Twelfth Court of Appeals District Affirming The Conviction And Sentence In Trial Court Case No. F1017409 Out Of The 145th Judicial District Court of Nacogdoches County, Texas APPELLANT-PETITIONER'S MOTION TO REVIVE AND REINSTATE HIS PREVIOUSLY FILED PETITION FOR DISCRETIONARY REVIEW TO THE SAID HONORABLE COURT: INTO COURT comes Jamarios LeChristopher Canton ("Canton"), who is pro ceeding in this action pro ser to respectfully move that his Petition for Dis cretionary Review that he had filed previously, and was dismissed by the Court as being "untimely filed," be revived and reinstated as the "live" petition. In support of this motion, Canton would show the Court the following: I. Following the Twelfth Court of Appeals' affirmance of his conviction and sentence, Canton submitted a Petition for Discretionary Review ("PDR"), to this Court under the Prison Mailbox Rule on March 22, 2013, which had been the last day for the PDR to be filed. The PDR was dismissed erroneously on May 8, 2013, as being "untimely filed." II. On July 29, 2014 Canton resubmitted.,his application for a writ of ha- -1- beas corpus under Article 11.07 Of the Texas Code of Criminal Procedure, raising as one of his grounds that he had been deprived of his right to seek discretion ary review by this Court because of the erroneous finding that Canton's petition for discretionary review had been "antinsely filed." On April 22, 2015, Canton was "granted the opportunity to file an out-of-time" PD1 by this Court. The Or der of the Court also stated that Canton must file his FDR 'Vithin 30 days of the date on which this Court's mandate issues," which was on May 18, 2015. FEA.YE8 WHEREFORE, PREMISES CONSIDERED, Canton respectfully prays that this Honorable Court will GRANT this motion and will ORDER that the PDR that had been previously filed, and subsequently dismissed will be revived and reinstated so as to be the "live" petition in this appeal. Respectfully submitted, I ' /^AMARIOS L. CANTON, pro se 1/Robertson Unit, TDCJ No.1771951 12071 FM 3522 Abilene, Texas 79601-8799 -2- CERTIFICATE OF SERVICE I, Jamarios L. Canton, Appellant-Petitioner pro se, do hereby certify that a true and correct carbon copy of the attahced APPELLANT-PEriTlONER *S MOTION TO REVIVE AND REINSTATE HIS PREVIOUSLY FILED PETITION FOR DISCRETIONARY REVIEW, was served on the following individuals by regular U.S. Postal Service first class mail, by depositing same, enclosed in a postpaid and properly addressed envelope into the prison's internal Legal Mail System under the Prison Mailbox Rule, this TWENTY-NINTH day of MAY, 2015, mailed to: Ms. Nicole Lostracco, Esq. Nacogdoches County District Attorney Nacogdoches County Courthouse 101 West Main Street, Suite 250 Nacogdoches, Texas 75961 And to: Ms. Lisa McMinn, Esq. State Prosecuting Attorney P.O. Box 13046 — Capitol Station Austin, Texas 78711-3046 DATED: 28 MAY 2015 ^fc^j"v^. Cj2rn£*f7?y JAMARIOS L. CANTON -3- NO. IN THE COURT OF CRIMINAL APPEALS OF TEXAS IN RE_JAMARIOS LECHRISTOPHER CANTON, Relator An Original Proceeding Ancillary To Appellate No. 12-12-©0118-CR and PD-0084-13 Appealed From The 145th^Judicial District Court Of Nacogd@ches County, Texas Trial Court Cause No. F1017409 RELATOR'S MOTION REQUESTING VOLUNTARY DISMISSAL OF HIS PETITION FOR WRIT OF MANDAMUS AS BEING MOOT TO THE SAID HONORABLE COURT: NOW COMES Relator, Jamarios LeChristopher Canton, proceeding in propria persona, and respectfully asks that the Court dismiss his pending Petition for a Writ of Mandamus as being moot. In support of this motiesB, Relator offers the following: I. Following the Twelfth Court of Appeals* affirmance of his conviction and sentence, Relator submitted his Petition for Discretionary Review to this Csurt under the Prison Mailbox Rule on Hisrch 22, 2®13, tMch was the last day for the petition to be filed. This Court erroneously dismissed the petition as being "untimely filed" on May 8, 2013. Cm October 17, 2014,. Relator submitted his pe tition for a writ ©f maodamus seeking, to have the Court order its Clerk, Abel Acosta, to file Relator's Petition for Discretionary Review* II. On July 29, 2014, Relator resubmitted his application for a writ ©f habe as corpus under Article 11.07 of the Texas Code of Criminal Procedure, raising -1- as one of his grounds that he had been deprived of his right to seek discretion ary review by this Court because of the erroneous finding that Relator's petiti on for discretionary review had been "untimely filed." On April 22, 2015, this Court granted relief and entered its order granting Relator "the opportunity to file an out-of-time petition for discretionary review...." Ex parte Canton. No. WR-81,430-02, *2 (Tex.Crira.App. Apr. 22, 2015) (unpublished @$>ion). PRAYER KHEREK5RE, PREMISES CONSIDERED, where Relator has been granted the relief he sought in his Petition for a Writ of Mandamus, he respectfully requests that this Court dismiss him Petition for a Writ of Mandamus as being moot* Respectfully submitted, fafltaMeizJ l~ *i^&ry*£j0H^ 'AMARIOS L. CANTON, Relator pro se obertson Unit, TDCJ-CID No. 1771951 12071 FM 3522 Abilene, Texas 79601-8799 VERIFICATION BY UNSWORN DECLARATION I, Jamarios L. Canton, TBCJ-CIB No. 1771951, being presently incarcerated at the Robertson Unit of the Correctional Institutions Division of the Texas De partment of Criminal Justice, declare under penalty of perjury that the informa tion, statements and facts contained in the foregoing and above, are true and and correct. EXECUTED on this, the TWENTY-EIGHTH day of MAY, 2015. JAMARIOS L. CANTON -2- CERTIFICATE OF SERVICE I, Jamaries L. Canton, Relator pro se, do hereby certify that a true and correct carbon copy of the attached RELATOR'S MOTION REQUESTING VOLUNTARY DIS MISSAL OF HIS PETITION FOR WRIT OF MANDAMUS AS BEING MOOT was served ©n the fol lowing individuals by regular U.S. Postal Service first class mzil, by deposit ing same, enclosed in a postpaid and properly addressed envelope, into the pris on's internal Legal Mail Systesi under the Prison Mailbox Rule, on this, the 29th day of MAY, 2015, snailed to: Mss Nicole Lostracco, Esq. Nacogdoches County District Attorney Nacogdoches County Courthouse 101 West Main Street, Suite 250 Nacogdoches, Texas 75961 And to: Ms. Lisa McMinn, Esq. State Prosecuting Attorney P.O. Box 13046 — Capitol Station Austin, Texas 78711-3046 DATED: 28 MAY 2015 //^L^e^jfe. L- CS^VSr') JAMARIOS L. CANTON -3-