WR-82, 180-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/16/2014 4:25:45 PM Accepted 12/17/2014 2:58:39 PM ABEL ACOSTA NO. 990D04290-1 CLERK STATE OF TEXAS § IN THE DISTRICT COU~!CEIVED § COURT OF CRIMINAL APPEALS vs. § 346TH JUDICIAL Dl~I~~~~~~ CLERK § ' MARTHA MELENDEZ § EL PASO COUNTY, TEXAS

MOTION FOR THE MAKING OF A COMPLETE RECORD FOR THE BENEFIT OF THE TEXAS COURT OF CRIMINAL APPEALS TO THE HONORABLE JUDGE OF SAID COURT: Now comes MARTHA MELENDEZ, Defendant, and files this motion for the making of a complete record for the benefit of the Texas Court of Criminal Appeals and in.support would show: 1. On September 17, 2014, this Court signed a Findings of Fact and Conclusions of Law and ordered that the Clerk of the Court transmit a complete record to the Court of Criminal Appeals. The order specified that many items were to be transferred including the 11.07 writ of habeas corpus along with applicable memorandums, answers, responses, motions, proposed orders, affidavits, exhibits, etc. 2. On September 22, 2014, the Clerk of this Court sent 4 volumes to the Court of Criminal Appeals. The page counts for the volumes are as follows: Volume 1- 371 pages Volume 2- 453 pages Volume 3- 444 pages Volume 4- 171 pages TOTAL OF VOLUMES- 1439 pages State v. Melendez- Page 1

IEILJECRCOJNJIC IR<JE(C(Q)IDJD) 3. The Court of Criminal Appeals, processed the filing on September 24, 2014.

4. Applicant, Martha Melendez, does not believe the file has been transferred as ordered. There was an original writ filed, and then two amendments occurred.

One exhibit to the writ was the trial counsels file and that alone was over 900 pages.

5. Applicant believes justice is not served by the Court of Criminal Appeals relying on an incomplete file copy in which to base its review herein.

6. Applicant is requesting a stay of the proceedings at the Court of Criminal Appeals until a complete record is provided.

7. Applicant is requesting the Clerk of this Court to provide the undersigned counsel with an identical copy of what is filed with the Court of Appeals so that a comparison can be made to verify that a complete record is submitted.

WHEREFORE, PREMISES CONSIDERED, Applicant respectfully requests the Court to order the Clerk to comply with its previous order and cause a copy of the complete record herein to be sent to the Court of Criminal Appeals and for other relief as requested herein.

Respectfully submitted, LAW OFFICE of RUBEN FRANCO, JR. West Lewis Conroe, TX 77301 Tel: 936-441-2999 Fax: 936-788-5670

By: _ __,_R£__,_ _ _ _..,....-_ _ _ _ _ _ _ __ RUBEN FRANCO, JR. State Bar No. 24040928 [email protected] Attorney for MARTHA MELENDEZ State v. Melendez- Page 2 CERTIFICATE OF SERVICE This is to certify that on December 16, 2014, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, El Paso County, by certified mail, return receipt requested.

RUBEN fi!jffCO, JR.

State v. Melendez- Page 3 NO. 990004290-1 STATE OF TEXAS § IN THE DISTRICT COURT § vs. § 346TH JUDICIAL DISTRICT § MARTHA MELENDEZ § EL PASO COUNTY, TEXAS ORDER On _ _ _ _ _ _, 2014, came on to be considered MARTHA MELENDEZ's Motion for Making of a Complete Record for the Benefit of the Texas Court of Criminal Appeals, and IT IS THE ORDER OF THIS COURT: 1. That the Clerk of this Court shall transmit a complete record to the Texas Court of Criminal Appeals; and 2. That the Clerk of this Court provide the Applicant with a copy of the identical record that is provided to the Texas Court of Appeals.

WDGE PRESIDING

State v. Melendez- Page 4 NO. WR-82,180-'01 I

STATE OF TEXAS § IN THE COURT OF CRIMINAL § APPEALS RECEIVED § COURT OF CRIMINAL APPEALS vs. § 12/17/2014 ABELACOSTA,CLERK § MARTHA MELENDEZ § OF TEXAS NO. 990D04290-1 STATE OF TEXAS § IN THE DISTRICT COURT § vs. § 346TH JUDICIAL DISTRICT § MARTHA MELENDEZ § EL PASO COUNTY, TEXAS

NOTICE OF FILING WITH TRIAL COURT DUE TO INCOMPLETE RECORD NOTICE is hereby given that a Motion has been filed with the 346th Judicial District Court of El Paso County, Texas. A copy of the motion is attached hereto. The subject of that motion relates to the Applicant's belief that the record provided to this Court is not complete.

The page numbers for each volume total 1,439 pages which does not comport to the number of pages that Applicant knows are part of the record. Part of the exhibits to the writ included the trial attorney's file and that alone was over 900 pages.

Applicant requests this Court stay the proceeding until it can be reasonable sure that a complete record has been provided to this Court.

Respectfully submitted, LAW OFFICE of RUBEN FRANCO, JR. West Lewis Conroe, TX 77301 Tel: 936-441-2999 Fax: 936-788-5670

State v. Melendez- Page 1 By: f2F= RUBEN FRANCO, JR. State Bar No. 24040928 [email protected] Attorney for MARTHA MELENDEZ

State v. Melendez- Page 2 CERTIFICATE OF SERVICE This is to certify that on December 16, 2014, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, El Paso County, by certified mail, return receipt requested.

State v. Melendez- Page 3