Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
MOTION FOR ARREST OF JUDGMENT
I, _________________________________, hereafter Defendant, move the Honorable Court for
Arrest of Judgement concerning the above cause on the grounds as indicated in
Texas Rules of Appellate Procedure (TRAP) Rule 22.2 that the judgment is void as to the absence of the Information
filed in the court denying jurisdiction to this Honorable Court. The
prosecution has failed in their duty to supply and file the Information as
required by the Texas Code of Criminal Procedure (TCCrP) Article 21.20. This
Honorable Court has taken judicial notice of the TCCrP under Government Code
Section 30.00006(e). Section 30.00023 states that this Honorable Court will be
governed by the TCCrP and TRAP. The Texas Constitution Article 5, Section 12(b)
recognize the jurisdiction of the court by the filing of the Information.
Defendant question jurisdiction of this Honorable Court as the Prosecutor did
not establish the jurisdiction of the court before proceeding. Defendant did
not and does not wave any rights, privileges or procedures afforded to
Defendant.
Respectfully submitted by:
_________________________________
CERTIFICATE OF SERVICE
I
hereby certify that a true and correct copy of the forgoing has been delivered
to the following party or counsel of record via delivery confirmation, hand
delivery or fax on this ______ day of
________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
ORDER FOR MOTION FOR ARREST OF JUDGMENT
On
________________, 201__, the court considered Defendant’s motion for Arrest of
Judgment on the above Cause. After considering the evidence and authority so
shown, the court orders said Motion should be
Granted
Denied, Grounds Being
__________________________________________
________________________________________________________________________
Signed and
entered this day of , 201__.
SEAL
_____________________________
Judge
Presiding
INSTRUCTIONS
This document is filed within
10 days after the Motion for a New Trial is denied. This is just another
allowed procedure on your part. Give the judge another chance to drop the
charges, before you appeal.
Do
not have a page number on the ORDER – you may need to cut and paste to a new
document.
Original is filed with the
court clerk, copy served on the prosecutor, a copy for you.
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Line
6: Put your name in Upper and Lower Caps.
Line
7: Sign your name, below the line, print your name in Upper and Lower Caps then
below that print your address.
Line 8: Put the numbered day of the Month that you serve a
copy of this document to the Court Clerk.
Line 9: Put the name of the Month that you serve a copy of
this document to the Court Clerk.
Line 10: Put the last number of the year that you serve a
copy of this document to the Court Clerk. – like - 2013 .
Line 11: Put “Court Clerk for (Whatever Court)
Line 12: Put the street address where the Court Clerk will
be served.
Line 13: Put the City, State and Zipcode where the Court
Clerk will be served.
Line
14: Sign your name, print your name in Upper and Lower Caps then below that
print your address.
NEW DOCUMENT - ORDER
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Leave
the rest for the Judge to fill out.
Original goes to the clerk of the court and one copy for
you to keep and have stamped by the clerk. Be sure and NOT include the
instruction sheets.
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