PD-0957-15 NO.

LEROY FLORES ALANIZ § IN THE COURT OF § vs. § CRIMINAL APPEALS, § THE STATE OF TEXAS § AUSTIN, TEXAS

MOTION FOR SUSPENSION OF RULE 68.11, TEX. R. AP.P. P.

TO THE HONORABLE COURT OF CRIMINAL APPEALS AND JUDGES THEREOF:

COMES NOW, Leroy Flores Alaniz, Appellant pro se, and re spectfully moves the Court to exercise its authority granted by Rule 2, Tex. R. App. P., to suspecd operation of Rule 68.11, Tex. R. App. P., in this case. In support thereofiCfAp.peM'an-bNn FjleiMhow the following: COURT OF CMAUPPEALS COURTOFCRIMiNALAPPEALS ^ ^^ SE? 25 2Si5 i.

Abe? Acosfa, Ctsrfc • Abel Acosta, Clerk 1. Appellant is petitioning the Court for discretionary review of the Eleventh Court of Appeals' decision affirming the judgement of conviction and sentence entered against Appel lant in Trial No. D-37,921, State v. Alaniz, 358th District Court of Ector County, Texas (COA No. 11-12-00352-CR).

2. Rule 68.11, Tex. R. App. P., requires that, in addition to the service required by Rule 9.5, Tex. R. App. P., Appellant must also serve an additional copy of the petition to the State Prosecuting Attorney.

3. As a prisoner confined in the Texas Department of Crim inal Justice-Correctional Institutions Division, does not have access to photocopying equipment and thus does not have the means by which to make multiple copies in order to make the required service upon the State Prosecuting Attorney.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant prays the Honorable Court grants this motion and suspends operation of Rule 38.11, supra, in this case.

Respectfully submitted,

Leroy^lores Alaniz \—j TDCJ No. 1826767 French M. Robertson Unit 12071 FM 3522 Abilene, TX 79601 Appellant, pro se

UNSWORN DECLARATION

I, Leroy Flores Alaniz, TDCJ No. 1826 767, being presently incarcerated at the French M. Robertson Unit of the Texas Depart ment of Criminal Justice-Correctional Institutions Division, Located in Jones County, Texas, hereby declare under penalty of perjury that the foregoing is true and correct, and placed in the outgoing prison mailbox on this the *\ \% day of Septem ber, 2015, to be mailed U.S. Mail, first-class postage prepaid, addressed to:

Court of Criminal Appeals of Texas P.O. Box 12308, Capitol Station Austin, Texas 78711-2308

EXECUTED on this the fj Q day of September, 2015.

Leroy Flores Alaniz CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the fore going motion has been duly served upon counsel for the opposing party to this case on the oL~> day of September, 2015, by plac ing same in the outgoing prison mailbox to be mailed U.S. Mail, first-class postage prepaid, addressed,to: Michael Bloch Assistant District Attorney Ector County Courthouse N. Grant, Room 305 Odessa, Texas, 79761

Leroy Flores Alaniz t^~ZS