Terry, Sterlin

3A73<?

Mr.Terry Sterlin
TDCJ-ID#816777
Diboll Unit
1604 South First Street
Diboll,Texas 75541

December 5,2017

The Honorable Clerk,
Ms.Deana Williamson
Texas Court of Crimianl Appeals
P.O. Box 12308, 'Capitol Station
Austin,Texas 78711

Re: WR-25,73908
Trial Cause No. 26496 A-3

Motion For Reconsideration

Dear Honorable Clerk,
Enclosed, please find one Motion for Reconsideration in re
gards to the above titled numbered cause. I respectfully re
quest that once you have received these-papers that you file,
stamp-date them and bring them to the attention of the Honorable
Justices so that a decision can be rendered on my request for
relief stated herein.
In closing, I thank you in advance for any assistance that
you may provided concerning this matter.

Respectfully,

^^uUv\ MMAvj
Terry Sterlin
TDCJ-ID*816777
Diboll Unit
1604 South Frist Street
Diboll,Texas, 75541 -

COURTOF CRIMINAL APPEALS
DEC 18 2017
Deana Williamson, Clerk
IN THE

TEXAS COURT OF CRIMINAL APPEALS

AUSTIN,TEXAS

$

EX PARTE $

TERRY STERLIN S

$ WR-25,739-08

APPLICANT'S MOTION FOR RECONSIDERATION

TO THE HONORABLE " J.USTICES ' OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, Terry Sterlin,TDCJ-ID#816777, hereinafter referred

to as the "Applicant" in his pro se capacity and files this

Motion For Reconsideration in regards to the Court 's dismissal

of his post-conviction Writ Of Habeas Corpus, pursuant to Article

11.07 sec. 4, Texas Code of Criminal Procedure, and will res- ^m
RECEIVED IN
pectfully show this Honorable Court the following: COURT OF CRIMINAL APPEALS

DEC 1.8 2017
' I. Deana Williamson, Clerk
STATEMENT OF THE CASE
I
On or about September of 2017, the applicant filed a "Sub

sequent Post-Conviction" Writ of Habeas Corpus Article 11.07,

contending that his second application was based on "Newly

Discovered Evidence" that was not avaiable or not known at the

time of the of his trial which was a Google map that showed the

area and distance of where the alleged offense ocurred ana the

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allegation that he sold,possessed or obtained drugs in a drug

free zone within 1000 .yards of a school in violation of the

Texas Health & Safety Code for which he was convicted. He con

tends that with this "New Evidence" it clearly shows that he

was denied his 14th and 6th Amendment rights to Due Process

and Effective Assistance of, Counsel of the United States Con

stitution. He further asserts that trial counsel failed to

to investigate the alleged offense and if had done so would

of proven that the offense did not occur- where the indictment

alleged and the charged offense may have been reduced to a lesser-

included offense to a 2 year State jail offense rather than

a ^nd degree felony, therefore, he asserts that the outcome
could of been different had trial counsel acted differently

and had his best intrest at hand. He further contends that

by trial counsel's failure to investigate the case, he was ineff

ective at a "Critical Stage" of the criminal proceedings.

Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674(1984);
Hernandez v. State, 988 S.W. 2d 770,
77 2, (Tex.Crim.App. 1999) .

"It is well settled that the right to
effective assistance of counsel applies
to certain steps before trial,especially
having counsel present at ALL "Critical
Stages" of the criminal proceedings..."

Montejo v. Louisana,566 U.S. 778,786
(2009)quoting: United States v. Wade,
388 U.S. 218, 227-28(1967).

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II.
Haines v. Kerner

The applicant contends thafbecause of his failure to inform

this Honorable Court that his successive post-conviction writ

of habeas corpus was based on "Newly Discovered Evidence" and

violations of his Texas and United States Constitutional right's

he should not be held to the same standards as a license attorney

since he is not trained in the rules of the Court, criminal

and appellate procedure and should hot be denied his right to the

"Great Writ" when he shows that he has met the burden of proof that

he has suffered a miscarriage of justice.

Haines v. Kerner, 404 U.S. 519, 521, 92
S.Ct. 594, 30 L.Ed.2d 652(1972).

Ill
PRAYER

WHEREFORE,PREMISES CONSIDERED, THE. Applicant respectfully

prays to this Honorable Court that after reviewing the alle

gations and attached exhibit he attached to the 2nd writ of

habeas corpus article 11.07 that it grant him relief in the

intrest of justice, so prays the applicant.

Respectfully Submitted,

Executed on this the 5" day of Qei 201?
Terry Sterlin
TDCJ-10^816777
Diboll Unit
1604 South First Street
Diboll,Texas 75541

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IV.
UNSWORN DECLARATION

I,Terry Sterlin,TDCJ-ID*816777, being presently incarcerated

at the Diboll Unit, a private facility of Manangement & Training

Incorporation, a contractor of the Texas Department of Criminal

Justice Institutional Division, do hereby declare under penalty

of perjury -that the alleged statements contained herein are true

and correct.

Executed on this the «S~ tK day of Qe.C> , ,2017.

Respectfully Submitted,

A N, ASWfl lo JxMA—•
Terry Sterlin "
TDCJ-ID4816777
Diboll Unit
1604 South First Street
Diboll,Texas 75541

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