Javier Rivera Franco v. Texas

QUESTIONS(S) PRESENTED

1. Is Petitioner Franco illegally imprisoned under a invalid 75 year sentence in Indictment / Cause No. F05-45713-T and under a invalid conviction ?

2. Is Petitioner Franco Innocent of the Charge of Attempted Capital Murder of a Police Officer ?

3. Is it a violation of cruel and unusual punishment to imprison Petitioner Franco with a invalid 75 year sentence in Indictment / Cause No. F05-45713-T that the jury did not orally render and trial court judge did not orally pronounce at all in the record and to imprison Petitioner Franco with a invalid conviction ?

4. Does it violate a defendant’s due process rights for a trial court judge to enter or sign a more sever sentence for a Indictment / Cause Number in the written judgment of conviction by jury that was not orally rendered by the jury and was not orally pronounced by the trial court judge in the defendant, his attorney, and counsel for the state presence in open court?

5. Does it violate a defendant’s due process rights and equal protection of the law and due course of law when a Court of Appeals fails to dismiss the direct appeal for lack of jurisdiction due to the trial court’s failure to orally pronou­ nce a sentence and a Indictment / Cause Number on the record in the defendant’s presence in open court, and there was no valid conviction for a defendant to even appeal ?

6. Was Petitioner Franco denied effective assistance of appellant counsel for failure to raise a no sentence and under no valid conviction claim on direct appeal ?

7. How can the Court of Criminal Appeals of Texas have authority to deny and dismiss Petitioner Franco’s prematurely filed 11.07 application's under the provision of Article 11.07 Section 4 of,the Texas Code of Criminal Procedure when Petition ner Franco's case in Indictment / Cause No. F05-45713-T has no valid sentence on the record, there is no valid conviction, the judgment of conviction is not actually final and the Court of Criminal Appeals of Texas never had jurisdiction over the case at all ?