NO.______________

IN THE

SUPREME COURT OF THE UNITED STATES

TIMOTHY DANIEL LOWREY, PETITIONER

VS.

CALIFORNIA, RESPONDENT

ON PETITION FOR WRIT OF CERTIORARI

TO THE CALIFORNIA COURT OF APPEAL

SIXTH APPELLATE DISTRICT

MOTION FOR LEAVE TO PROCEED

IN FORMA PAUPERIS

SIXTH DISTRICT APPELLATE PROGRAM

EDWARD DALLAS SACHER

Assistant Director

State Bar #100175

100 N. Winchester Blvd., Suite 310

Santa Clara, CA 95050

(408) 241 -6171

Counsel of Record for Petitioner,

TIMOTHY DANIEL LOWREY

TO THE HONORABLE CHIEF JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND TO THE HONORABLE ASSOCIATE JUSTICES OF THE COURT:

Pursuant to Rule 39 of the Rules of the Supreme Court of the United States, petitioner, Timothy Daniel Lowrey, respectfully requests leave to file a petition for writ of certiorari in forma pauperis. In making this application, petitioner notes that he has been represented by appointed counsel in both the California Court of Appeal and the California Supreme Court. This fact is memorialized in the attached declaration of counsel.

The petitioner's declaration in support of this motion is attached hereto.

Dated: October 10, 2002

Respectfully submitted,

EDWARD DALLAS SACHER

Attorney for Petitioner,

Timothy Daniel Lowrey

DECLARATION OF EDWARD DALLAS SACHER

I am an attorney licensed to practice in California. I am a member of the bar of this court. I am the attorney of record for petitioner Timothy Daniel Lowrey.

The facts stated in this declaration are within my personal and firsthand knowledge. If called as a witness in this action, I could and would testify under oath to the following facts.

At present, petitioner is incarcerated at the California State Prison in Soledad, California. Petitioner has been in custody since 1999.

On December 1, 1999, petitioner filed a notice of appeal. On January 4, 2000, I was appointed by the California Court of Appeal to represent petitioner. I have remained petitioner's counsel of record to this time.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this 10th day of October, 2002, at Santa Clara, California.

_______________________________

EDWARD DALLAS SACHER

NO. ______________________

IN THE

SUPREME COURT OF THE UNITED STATES

TIMOTHY DANIEL LOWREY, Petitioner,

VS.

STATE OF CALIFORNIA, Respondent

AFFIDAVIT ACCOMPANYING MOTION FOR

PERMISSION TO APPEAL IN FORMA PAUPERIS

Affidavit in Support of Motion.

I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. (28 U.S.C. § 1746; 18 U.S.C. § 1621.)

Signed:_____________________________

Instructions:

Complete all questions in this application and then sign it. Do not leave any blanks. If the answer to a question is "O", "none," or "not applicable (N/A)", write in that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with your name, your case's docket number, and the question number.

Dated: _____________________
My issue on appeal is: 1. A sentence of 25 years to life for a violation of California Penal Code section 290 is unconstitutional under the eighth Amendment.

1.	For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.

Income Source	Average monthly	Amount

amount during the	expected

past 12 months	next month

You	You

Employment	$_____	$_____

Self-employment	$_____	$_____

Income from real property

(such as rental income)	$_____	$_____

Interest and dividends	$_____	$_____

Gifts	$_____	$_____

Alimony	$_____	$_____

Child support	$_____	$_____

Retirement (such as social security,

pensions, annuities, insurance)	$_____	$_____

Disability (such as social security,

insurance payments)	$_____	$_____

Unemployment payments	$_____	$_____

Public assistance (such as welfare)$_____	$_____

Other (specify): ____________	$_____	$_____

Total monthly income	$_____	$_____

2.	List your employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.)

Employer

______________ ______________ ______________ ______________ ______________

Address

______________ ______________ ______________ ______________ ______________

Dates of employ-

ment

______________ ______________ ______________ ______________ ______________

Gross monthly

pay

______________ ______________ ______________ ______________
3.	List your spouse's employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.)

Employer

______________ ______________ ______________

Address

______________ ______________ ______________

Dates of employ-

ment

______________ ______________ ______________

Gross monthly

pay

______________ ______________ ______________

4.	How much cash do you and your spouse have? $_____

Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Financial

Institution

______________ ______________ ______________

Type of account

______________ ______________ ______________

Amount you have

$_____________ $_____________ $_____________

Amount your

spouse has

$_____________ $_____________ $_____________

If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.

5.	List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.

Home	(Value)

____________________ ____________________ ____________________

Other real estate (Value)

____________________ ____________________ ____________________

Motor Vehicle #1 (Value)

Make & Yr.___________

Model:______________

Registration #_________

Motor Vehicle #2 (Val.)

Make & Yr.___________

Model:_______________

Registration #:_________

Other Assets (Value)

____________________ ____________________ ____________________

Other assets (Value)

____________________ ____________________ ____________________
6.	State every person, business, or organization owing you or your spouse money, and the amount owed.

Person owing you or your spouse money

____________________
____________________ ____________________

Amount owed to you

____________________ ____________________ ____________________

Amount owed to your spouse

____________________
____________________ ____________________

7.	State the persons who rely on you or your spouse for support.

Name

____________________ ____________________ ____________________

Relationship

____________________ ____________________ ____________________

Age

____________________ ____________________ ____________________
8.	Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate.

You	Your Spouse

Rent or home mortgage payment)	$________	$________

(include a lot rented for mobile home

Are real estate taxes included? Yes No

Is property insurance included? Yes No

Utilities (electricity, heating fuel, water,

sewer, and telephone)	$________	$________

Home maintenance (repairs and upkeep)	$________	$________

Food	$________	$________

Clothing	$________	$________

Laundry and dry cleaning	$________	$________

Medical and dental expenses	$________	$________

Transportation (not including motor

vehicle payments)	$________	$________

Recreation, entertainment, newspapers,

magazines, etc.	$________	$________

Insurance (not deducted from wages or

included in mortgage payments)	$________	$________

Homeowner's or renter's	$________	$________

Life	$________	$________

Health	$________	$________

Motor Vehicle	$________	$________

Other	$________	$________

Taxes (not deducted from wages or

included in mortgage payments)

(specify):________________	$________	$________

Installment payments	$________	$________

Motor Vehicle	$________	$________

Credit Card (name):_______________	$________	$________

Department store (name):___________	$________	$________

Other:__________________________	$________	$________

Alimony, maintenance, and support, paid

to others	$________	$________

Regular expenses for operation of

business, profession, or farm (attach

detailed statement)	$________	$________

Other (specify):_______________	$________	$________

Total monthly expenses	$________	$________

9.	Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months?

Yes No	If yes, describe on an attached sheet.

10.	Have you paid - or will you be paying - an attorney any money for services in connection with this case, including the completion of this form? Yes No

If yes, how much? $_______

If yes, state the attorney's name, address, and telephone number:

_______________________________________

_______________________________________

_______________________________________

11.	Have you paid - or will you be paying - anyone other than an attorney (such as a paralegal or a typist) any money for services in connection with this case, including the completion of this form? Yes No

If yes, how much? $_______

If yes, state the person's name, address, and telephone number:

_______________________________________

_______________________________________

_______________________________________

12.	Provide any other information that will help explain why you cannot pay the docket fee for your appeal.

____________________________________________________________ ____________________________________________________________ _____________________________________________________________

13.	State the address of your legal residence.

_______________________________________

_______________________________________

_______________________________________

Your daytime phone number: (___) ___________

Your age: ____ Your years of schooling: ______

Your social security number: ________________

Case Number: ______________

CERTIFICATION OF FUNDS

IN

PRISONER'S ACCOUNT

I certify that attached hereto is a true and correct copy of the prisoner's trust account statement showing transactions of Timothy Daniel Lowrey for the last six months at Soledad State Prison where he is confined.

Dated: ______	_____________________________

Authorized Officer of the Institution