Guanche, Erik Santana ( 2015 )

PD-0190-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/1/2015 4:52:21 PM
Accepted 6/2/2015 11:06:02 AM
ABEL ACOSTA
NO. PD-0190-15 CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 01-13-00851-CR
IN THE COURT OF APPEALS
FOR THE
FIRST JUDICIAL DISTRICT OF TEXAS
HOUSTON, TEXAS
THE STATE OF TEXAS § APPELLEE
§
V. §
§
ERIC SANTANA GUANCHE § APPELLANT
APPEAL FROM COUNTY CRIMINAL COURT AT LAW NO. 7
HOUSTON, TEXAS
TRIAL COURT NO. 1869024
APPELLANT’S MOTION FOR LEAVE EN BANC TO FILE MOTION FOR
REHEARING ON APPELLANT’S PETITION FOR DISCRETIONARY
REVIEW
Appellant asks the Court for leave en banc to file the included out of time
Motion for Rehearing of Appellant’s Petition for Discretionary Review. The
purpose of this motion is to reurge the court to reconsider hearing this important
case. Apart from issues in the Petition, there are very different legal interpretations
between the legislative and executive branches of Texas government and the
judicial branch in Texas.
June 2, 2015
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CONCLUSION AND PRAYER
Wherefore, the appellant prays that this court grant this motion and allow
Appellant to file the included Motion.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing
document will be electronically served on the Harris County District Attorney and
the State Prosecuting Attorney.
Respectfully submitted,
/S/ Rick Soliz
Rick Soliz
T.B.N. 00785013
P.O. Box 4051
Houston, Texas 77210
713-228-1900
Pro Bono Attorney for Appellant
2
NO. PD-0190-15
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 01-13-00851-CR
IN THE COURT OF APPEALS
FOR THE
FIRST JUDICIAL DISTRICT OF TEXAS
HOUSTON, TEXAS
THE STATE OF TEXAS § APPELLEE
§
V. §
§
ERIC SANTANA GUANCHE § APPELLANT
APPEAL FROM COUNTY CRIMINAL COURT AT LAW NO. 7
HOUSTON, TEXAS
TRIAL COURT NO. 1869024
APPELLANT’S MOTION FOR REHEARING ON APPELLANT’S
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, ERIC SANTANA GUANCHE, Appellant in the above
entitled and numbered cause, by and through his attorney of record, Rick Soliz,
and submits this Motion for Leave to file his out of time Motion for Rehearing of
Appellant’s Petition for Discretionary Review. For good cause, Appellant shows
as follows. Appellant’s timely Motion for Extension of Time to file a Motion for
Rehearing and Motion for Leave to File an out of time Motion for Rehearing have
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been denied (original timely motion was denied after deadline to timely file motion
for rehearing). The Texas legislative and executive branches have promulgated
law that has been in existence approaching two decades. The law was reviewed
and approved by both houses of government and signed by our governor. This law
requires licensed court interpreters for court proceedings involving non English
speaking people accused of crimes. Violation of such law is subject to up to one
year in jail and a substantial fine as a class a misdemeanor. The Texas legislative
and executive branches expect enforcement of such law and have not intended for
any party or court to be above enforcement of this law or to be protected by any
entity from abiding by this state’s criminal laws. Appellant has provided relevant
case law and a memorandum from the United States Justice Department that
supports the expectations of these two Texas branches.
On the other side of the issue, the court below disagrees with those two branches of
government. The court below interprets such plain language of the law to mean
that Harris County Court number seven is exempt from this criminal law and its
punishment and may utilize unlicensed court interpreters in proceedings specified
as mandatory by this Texas law (applicable Texas Government Code section as
briefed in the petition for discretionary review). The court below sees no issue
with Harris County Court number seven violating criminal law daily and utilizing
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unlicensed interpreters in court proceedings thousands of times over many years.
The court below, resides in Harris County, Texas, and members are not racially
diverse as are the other two branches of government. Moreover, the court’s
members have substantial contacts with Harris County courts, and do not believe
that this infestation of crime, in the atmosphere of court number seven, affects the
due process rights of Appellant or any Spanish speaking minority defendant
accused of a crime. This illegal conduct does in fact deprive Appellant and most
Spanish speaking racial minorities of their due process rights.
Counsel hereby certifies that these circumstances and grounds are significant
and without this court’s intervention and guidance, the issue will remain in conflict
among the different arms of Texas government and our United States government.
Finally, Appellant certifies his Motion is not made for delay, but made in
good faith to see that justice is done.
CONCLUSION AND PRAYER
Wherefore, the appellant prays that this court grant this motion and allow
Appellant to file the included Motion for Rehearing of Appellant’s PDR.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing
document will be electronically served on the Harris County District Attorney and
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the State Prosecuting Attorney.
Respectfully submitted,
/S/ Rick Soliz
Rick Soliz
T.B.N. 00785013
P.O. Box 4051
Houston, Texas 77210
713-228-1900
Pro Bono Attorney for Appellant
6