in Re Joshua Tyrone Lane ( 2015 )

ACCEPTED 01-08-00460-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 6/8/2015 1:23:04 PM CHRISTOPHER PRINE CLERK 01-15-00460-CR 01-15-00461-CR FILED IN IN THE 1st COURT OF APPEALS HOUSTON, TEXAS COURT OF APPEALS FOR THE FIRST 6/8/2015 1:23:04 PM DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk IN RE JOSHUA TYRONE LANE FROM CHARGES IN CAUSE NOS. 54972-1 & 54973-1 300TH JUDICIAL DISTRICT COURT, BRAZORIA COUNTY, TEXAS HONORABLE K. RANDALL HUFSTETLER, JUDGE PRESIDING RESPONSE TO PETITION FOR WRIT OF MANDAMUS JERI YENNE DAVID BOSSERMAN CRIMINAL DISTRICT ATTORNEY Assistant Criminal District Attorney BRAZORIA COUNTY, TEXAS 111 E. Locust, Suite 408A Angleton, TX 77515 (979) 864-1230 (979) 864-1525 (Fax) Bar Card No. 02679520 davidb@brazoria-county.com ATTORNEYS FOR APPELLEE DATE: June 8, 2014 01-15-00460-CR 01-15-00461-CR IN THE COURT OF APPEALS FOR THE FIRST DISTRICT HOUSTON, TEXAS IN RE JOSHUA TYRONE LANE FROM CHARGES IN CAUSE NOS. 54972-1 & 54973-1 300TH JUDICIAL DISTRICT COURT, BRAZORIA COUNTY, TEXAS HONORABLE K. RANDALL HUFSTETLER, JUDGE PRESIDING RESPONSE TO PETITION FOR WRIT OF MANDAMUS TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: The State of Texas, the prosecuting authority in Cause Nos. 54972-1 & 54973-1, in the 300th Judicial District Court of Brazoria County, Texas, respectfully submits this Reply to the Writ of Mandamus of Relator Joshua Tyrone Lane, and would respectfully show the Court the following: 2 PARTIES TO THE CASE RELATOR (pro se): Name: JOSHUA TYRONE LANE Address: Connally Unit Inmate # 1510890 899 FM 632 Kenedy, Texas 78119 RESPONDENT: Name: K. RANDALL HUFSTETLER Address: Judge, 300th District Court, Brazoria County, Texas Brazoria County Courthouse 111 E. Locust, Angleton, Texas 77515 Attorney for Respondent: Name: David Bosserman Assistant Criminal District Attorney Address: Brazoria County Criminal District Attorney’s Office Brazoria County Courthouse 111 E. Locust, Suite 408A Angleton, Texas 77515 (979) 864-1230 (979) 864-1525 (Fax) 3 STATEMENT OF THE CASE On June 2, 2015, the First Court of Appeals issued an order requesting a response to the Relator’s claim that the Judge did not rule on his post-conviction motion for DNA testing which he states was filed January 15, 2015. STATE’S RESPONSE In fact the Judge denied the Relator’s post-conviction motion for DNA testing on January 16, 2015. A certified copy of said signed order is attached to this response. It should be noted that the Appellate Court Order incorrectly refers to the second trial court number as 54972-3. The Relator in his writ of mandamus correctly refers to the number as 54973-1. There is no cause no. 54972-3 on file in Brazoria County. CONCLUSION WHEREFORE, the Respondent prays that the Court of Criminal Appeals denies the Relator’s Writ of Mandamus. Respectfully submitted, /S/ DAVID BOSSERMAN DAVID BOSSERMAN Attorney for Respondent Assistant Criminal District Attorney SBN 02679520 111 East Locust, Suite 408A Angleton, Texas 77515 (979) 864-1230 (979) 864-1525 (Fax) ATTORNEY FOR THE STATE OF TEXAS 4 CERTIFICATE OF SERVICE I hereby certify that a true copy of this Response to Petition for Writ of Mandamus was sent, JOSHUA TYRONE LANE, at Connally Unit, Inmate # 1510890, 899 FM 632, Kenedy, Texas 78119 by placing said document in the United States Mail on this the 8th day of June, 2015 /S/ David Bosserman DAVID BOSSERMAN 5