Mancillas, Ricardo Sanchez ( 2015 )

MR. RICARDO SANCHEZ MANCILLAS# 1819352
DALHART UNIT
11950 FM 998
DALHART, TEXAS 79022
TO: THE COURT OF CRIMINAL APPEALS CLERK:
ABEL ACOSTA, DATED: MARCH 25,2015
P.O.BOX 12308, CAPITOL STATION,
AUSTIN, TEXAS 78711
RE: EX PARTE: RICARDO SANCHEZ MANCILLAS, CAUSE NUMBER:2012-CR-0083B-W1
WR-83,012-01
Dear Acosta; RECEIVED IN
Gr e e tin g s . En c 1 o s e d are the or i g in a 1 o f ; Re 1 at or ; C!f.'lij~TcG.fi (i~lWlV~AL APPEALS
motion for Extension of Time with Affidavit in support, an``o~ficQ315
to Suspend with Affidavit in support herein.
Please file these motion's and affidavit's
Criminai Appeals.
Attached to this letter is, a self-return-envelope for the "PD"
new cause number, for my personal files.
A copy of these motion's and affidavit's has been forward to the
following addresses;
BEXAR COUNTY TEXAS DISTRICT BEXAR COUNTY TEXAS DISTRICT
CLERK: DONNA KAY McKINNEY, ATTORNEY: NICHOLAS L~HOOD,
101 W. NUEVA, SUITE 217, PAUL ELIZONDO TOWER,
SAN ANTONIO, TX 78205 101 W. NUEVA, 4TH FLOOR,
SAN ANTONIO, TX 78205
"Thank you, for your kind
~
~N~7ANClLLAS
MR. RICARDO
WR-83,012-01
WRIT NO:
-------
RICARDO SANCHEZ MANCILLAS §
Relator,
vs, § IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
SID HARLE §
Respondent,
§
.~
RULE 79.6, TEXAS RULES OF A~PELLATE PROCEDURE, RELATOR MOTION
FOR· EXTENSION OF TIME WITH· AFFIDAVIT IN SUPPORT:
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
Comes now, RICARDO SANCHEZ MANCILLAS, Relator-Undersigned, in the
Interest of Justice, file this motion for Extension of Time with Aff-
idavit In Support, in the said above caption, and will show the Court
the followings;
I.
JURISDICTIONS:
Pursuant to; Rule 79.6, of the Texas Rules Of Appellate Procedure,
and under Article 5, Section 5, of th~ Texas Constitution, This Court
has jurisdi~tion to review the extension of time upon affidavit in sup-
port hereinafter.
II.
.~FFARTTEl.S ::~ ..
RelatoT; Mancillas, (sentence to 17-years by a grand-jury) for a
Robbery charge,(enhanced)in cause number;201i2-CR-0083B, is an inmate
incarcerated in the Texas Department of Criminal Justice Institution
(TDC).
Respond~nt; Sid Harle, (Honor~ble Judge) is located in the Distritt
Court 226TH Judicial, of Bexar County, Texas.
III.
·FACTS AND PROCEDUR~C HISTORY:
On March 11,2015 Respondent; Harle, filed an "Order" dismissing
relator; Mancillas, Application State Writ of Habeas Corpus, for want
"verification."
*(Relator Extension 0~ Tjme)*
Page 1 0 f: 4'
Contrast to Respondent; Harle, "Order;~n It did notify relator;
· Mancillas that the Appication has been sent to the Court of Criminal
Appeals.
Relator; Mancillas, asserts to amend second application with
verification, inorder to prohibit-refiling a second application for
Writ of Habeas Corpus, in the Interest of Justice.
VI.
SHOWING OF CAUSE:
Relator; Mancillas, attach to this; Motion for Extension of Time,
hfus:declaration, inorder to prove cause to this Honorable Court.
·The undersignerl apologize to this Honorable Court of the need for
the extension of time. The,;i.Jndersigned request 60-days extended til
May 31 ,2015.inorder tp prepare a Amended writ Habeas Corpus "verific-
ation~" The Court will almost certainly uphold the governmental:attion.
v.
PRAYER:
WHEREFORE: Relator; Mancillas, prays the Honorable Court of Crim-
inal Appeals, grants his motion for Extension of Time, as we'll see
justl;ce '.serv.ed in ·;thd!s instant case.
Respectfully submitted,
MR, RICARDo~ACHEz MANCILLAS
TDC NO# 1819352
DALHART UNIT
11950 FM 998
DALHART, TEXAS 79022
VI.
CERTIFICATE OF SERVICE:
Service has been accomplished by sending a copy of this instrum-
ent to the following addresses; Bexar County District Clerk; Donna Kay
McKinney, at; 101 W. Nueva, Suite 217, San Antonio, Tx 78205/ District
Attorney; Nicholas Lahood, at; Paul Elizondo Tower, 101 W. Nueva, 4TH
Floor, San~Antonio, Tx 78205/ Court of Criminal A~peals Clerk; Abel
Acosta, at; P.O.BOX 12308, Capitol Station, Austin, Tx 78711.
Executed date; March 25,2015 Respectfully submitted,
*(Relator Extension of Time)*
Page 2 of 4,
````.
RICJ\R~ANCHEZ MANC~LLAS
MR,
WRIT NO: WR-83,01'2.:..01
RICARDO SANCHEZ MANCILLAS §
Relator,
vs, § IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
SID HARLE §
Respondent,
§
ORDER:
On this day came onto be heard, the foregoing Relator; Mancillas,
motion for Extension of Time with Affidavit In Support, as it appears
to this Court that it has merits.
IT IS TH~REFORE ORDERED: In The Interest of Justice, that the
relator; Mancillas, motion for Extension of Time is granted.
IT IS THEREFORE ORDERED: that the time is extended til May 31,
2015 inorder to prepare a Amended writ Habeas Corpus "verification"
as no-more time will be giving after that dead-line.
IT IS THEREFORE FURTHER ORDERED: that the clerk of this Court,
shall notify to all parties this "Order" being granted.
SIGNED on this the ______ day of ______________________ 2015.
PRESIDING JUDGE
*(Relator Extension Of .Time)* Page 3 of 4,
RELATOR: MANCILLAS AFFIDAVIT IN SUPPORT FOR
EXTENSION OF TIME:
IN THE STATE OF TEXAS §
COU~TY OF HARTLEY § WRIT NOt WR-83,012-01
§
AFFIDAVIT:
BE IT ACKNOWLEDGED that I, RICARDO SANCHEZ MANCILLAS, the
undersigned affiant, being of legal age, sound of mind, and able
to make this affidavit, do hereby say under oath the followings;
A), I am incarcerated in the Texas Department of Criminal Justice
Institution; of Hartley County Texas, Dalhart Unit, 11950 FM
998, Dalhart, Texas 79022;
B), On February 05,2015, The District Attorney; Jay Brandon, SBN:
02880500, of Bexar County Texas, (State Response to Application·
for Writ of Habeas Corpus) did not contest to the "verification":
C), MR. Brandon, did not notify Mancillas, of the lack "verification"
into the application, inorder to make timely A~ended writ Habeas
Corpus "verification."
D), Mancillas, declare that, to avoid a second (subsequently) writ
of Habeas Corpus application soley upon the same claim's and
fact's, a A~ended writ of h~bsas corpus application must be
require inorder to prove further; "exer~ise due diligence,"
[if] the extension of time is Denied.
DECLARATION:
I, detlare under the Penalty of Perjury, that the said above fore-
going is true and correct to the best of my knowledge, as this affi-
davit is freely made, presented _to; V.T.C.A. TEX, CIV, PROC, REM,
CODE, §§ 132.003 and 132.001, and 28,U.S.C.§ 1746.
Executed date; March 25,2015. • ~ iJ~.a/-1A '# .
Aff~ant;~At: :;Q"'``
MR.'-.::;.....;;,R;:;.;,I,..;.;C;.;A~R~D~O~S;.;A~N``E~Z::....a.:M~A;.:N~C:t:::I~L``::L:o.£:A S ,
TDC NO# 1 819352
DALHART UNIT
11950 FM 998
*(Relator Extension Of Time)* DALHART, TEXAS 79022
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