Wade, Alex Melvin ( 2015 )

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COU RECEIVED'|N
Dr. Alex Melvin.Wade, Jr. ~ RTOF CR"VHNI‘\L1‘\PPEALS
Paralegal Specialist
Mark W. Stiles _ NOV 1 8 2@/§5
3060 FM 3514`` - '
Beaumont_, Texas 77705-7638 Ab€|ACOSTa, C|erk
Cause No.: WR~65,555;
FOR THE 179th JUDICIAL DISTRICT COURT
HARRIS COUNTY, TEXAS, PRESIDING RROYCE
E>< PARTE maximile wADE, _'JR., §
g 3 cauee~Ne.= 729,136-H
§§
App``licant`` .
APPLICANT_'ALEX-metvm.w/>.DE,"JR.»,¥'S Al\/[E:NDED RESPONSE-To STATE_'__S ANSwER '
MAY IT PLEAS_E THE coURT=:``i " l
Applicant amendment to Stateis Original Answer, upon receipt of a State's
Original-Answer; said answer had already been forwarded to the Court of Criminal
Appeals. l
Ihe Applicant's.preuious applications for writ of habeas corpus, cause
numbers 729136-A, denied on November l, 2006,~cause¢ number 729136§§ was denied
on Februery 25, 2009, cause number -729136-<:, was denied 'i'n Apri-l? 29,1;h, 2009
these application address a parole'issue;'€ausew number 729136-D was denied
~Qn_October?Z,.ZOl$, this.applicationzxkke§xd -seeking credit to his sentencé
"inFthé'amountFof1183``da§sl"Applicant"réfiledmforFhisjprésentence“créditwonly"*'"m
after filing his first "nunc pro tunc," with the clerk of'court§ Cause number
729136-E was denied on January 22nd, 2014.after-filing his second "nunc pro
tunc," with the Clerk]s'Office.'Applicant refile his writ application underr
cause number 729136-F which wassdenied on Ocober 15,2014.- Applicant filed
his "Third Nunc Pro Tunc,” in the Clerkls'®ffiue'seeking 183 days presen+-
tence credit. .On June 24th, 2015, Applicant filed under cause number 72§}§§:@,»;“
it was in that application the Honorable Baldwin'€hin; Assistant District
,Attorney, acknowledged the designated issue of whether applicant.was denied . §
pre-sentence jail credits as the issue needs to be resolved in the``above captioned
cause. (See Exhibit '§jA¢A~A}l-&) lt is aggnen§hl this Court was not-sent the
copy of the Order sDesignating'Issue as mandated by Rule 73.3(b)(1).'Be it
noted for the Record? One; Linda'Garcia?_Assistant'District Attorney; some
80 days after Baldwin:Chin's"Motion?téodesignate issues were filedrabruptly
State's-Orginal Answer totally in disr§gé§q §§ the filing of Baldwin Chin
(A-A-A-A,1-4). d s `` '
Applicant filed under writ number 729136-H denied August 25th, 2015
the refiling seeking pre-sentence jail time credit with a copy of Third
Nunc Pro Tunc, (Exhibit "A, "A "A ,") showing the relief requested and a
copy of Clerk 's.Record showing the judge took no~action..
Andrew Smith Assistant District Attorney argue in 729136-G this Applicant
should be sanoationed because of abuse of filing.the writ under Tex. Gov't
Code~Section'49840045. Based on the:aboye.writs.brought before.this Court
this Court has stated in matters:of this nature which is one of not first
impression. See, Ex Parte Rieck 144 S. W. 3d 510(Tex. Crim. App 2009), the issues
raised 111 causes 111'-1111be1» 72913``6-1:1 129136 E 729136 F``, 729136-<; and 729136-11 ."
are issues that this Court s interputamionof the statute says i§ does not
apply in wris as the ones filed in cause numbers 729136- E-H. d d
Applicant.cause number 729136-1, isra parole issue whereprplica t alleges
"actual innocence" and ”prosecutional:misconduct,"lthat cause the parole be-
revoked without according him due.process»of;lawe($ee Applicant Motion for
Leave to Amend the writ of habeas.corpus)- v . l
Applicant has been made to believe this Court, Court of-Griminal Appeals
have exclusive jurisdiction over criminal.proceeding,1 4 n n
_2_
Applicant's contention in raising and addressing he is entitled to pre-
sentence and jail time credit is not a frivoloious issue presented to the
court in light of §§ngjy;_§g£§y, 115 S.Ct. 2021(1995>, this applicant is
entitled to credit on his sentence for anytime spent in custody in connection
with the offense. n rt l
Applicant present.the judge's judgment and committment order,-it clearly
do not show applicant credit.for the date of arrest in 1992 and or anyother
true prior to 1996., Applicant extridicted to Texas on a Governor}s warrant
on two separate occassion the credit is not shown for which he is entitled
as a matter of law.
Applicant is made to suffer violation of his rights vested by the State
of Texas, where the pre-sentence jail time credit entitled he will not be_
credited with his street time that will afford his sentence be completed
.dn Stember 1996.' The sentence served will€be an unconstitutional imposedr
sentence served by applicant. l
The filing of the writ application seeks to have the Court to intervene
and protect his constitutional rights. See, For discussion of credt for tmmm
served for offenses committment under the indictment. Gredit for time served
in William L. Menards et al., Projec§ Twentieth Annual- Review of Criminal l
Procedure; United States Supreme Court and Court of Appeals 1989-1990,
Geo._L. J 591,1107. H
' coNcLUsIoN ~' - _
For the foregoing reasons, this Honorable Court should overrule State s
vOriginal Answer seeking sanctions against applicant and remand to the lower
n court for resolution of the issue of pre-sentence jail time credit, respect-
ively-"
60 m 3514 ' "
eaumont, Texas 77705-7638
`` v
CERTIFIGATEFOF SERVICEOH
l, Dr. Alex Melvin Wade, Jr.j'pro se herein hereby certify a true and cor-
rect copy of the foregoing pleading along with exhibits in support mentioned-
in this pleading to the Offiée of the District At orney,'Devon Anderson 1201
Franklin Street, Houstony Texas 770®2 on this. , of November 2015 by
depositing the~same in}the Prison Mai1 Box.a/" . Stiles Unit, 3060 FM
. v
,.;,..:_»'i~' ~ .``~§_- -"¢?,-i'»~:.~ +. m
¢
Dr. Alex Melvin Wade, Jr. `` 52»\_ _ ~ , ", _ ``A ;`` ij ¢'
.Paralegal Specialist " `` ~ -‘ 4 '
Mark W. Stiles
3060 FM 3514
Beaumont, Texas 77705-7638
sTATF. be TE;XAS,-
VS.
ALEX MELVIN wADF-,, J_R.'. - 1 ' _
Defendant. , d _ i"``§ HARRIs coUNTY, T s x A s §
DEFENDANT'S TEIRD NUNC PRO TUNC v `` 4
Defendant Alex Melvin Wade,. Jr.,z pro se herein and pursuant to Rule
23.2, Texass Rules af Appellate.Procedure¢ where the trial court has the
authority to oorrec; the judgment to zeflect the appropriate sentence by
"nunc pro tunc," and grant Defendant with presentence jail credit when the v m
_sentence is pronounced- T_¢-'. >.; ~ ¢.~,
1I.
The certified copy of the;Judgmeht and Comnittment Order dated``August
27th', 2014, issued by Js zlcek,l Deppty. '
The Onder show the -date offense Gommitted, 4€9-1999§._The Clerk's Record: 1
should show Defendant was held in l $; of $250, OOO. OO(Two Hundred Fifty
_Thousand Dollars) bail and held to add until the bail was reduced in and
aroreed order by the then Harris.€qunt 1 Texas~Dlstrlct Attorney. Defendant
_has not been credited with the 4dpda stay upon the initial arrest. under
42.03 §Z(a). Defendant. is ~1t1t1ed.to»cred1t for pre-sentence time spent
``\
uA’n nA,u nAn ' '_ `` - v‘._>:_;.:_ .n \ ~
L' 'Cn ' `` ~. .
‘ § d `` n id /1
The bond was set in``the amount of $75,000.00(Seventv Five Thousand Dollars1
' the the Honorable J;QMichaa?“ Nilkens on, presiding in thef?§th Judicial
District Court, Harris County, Texas.-
Defendant was rearrested by the Harris,Countv, mexas Sheriff Department
'at 2919 Warbler Lane. Humbl e, Texas upon his arrival back home after contact
was made with him, A~Better Bail Bonding C@mpany , that a hearing would be
1 held the following day because of reindictment bv the Harris County, Texas
vDistrict Attorney' s Office. this was done in 1995, Defendant has not received
the18 davs confinement. on the instant offense. Defendant is entitled to
credit on the judgment and c:onmittment of Defendant pursuant to Rule42 §2(a)
. as a mattrr of,law;
In the year of;l996/ Defendant was arrested by_Order of Judge Wilkenson~
because of his not appearing with an.attornev at law during that hearing.
Defendant remained-in the Harris €ounty Jail for a period that exceeded 30.
days.and was confined.in connection with the instant:offense. Defendant is
entitled to~a period of 4Y‘days credt to his.preesentence confinement pursuant
'to Rule&§h§§¥a)j¢~Texas Code'ofe€riminal'Proc.,'as a matter of law.
Inyl996, Defendant wai.extridicted from the State of Indiana, Hamilton,
'-.Countv'. because of the offense alleged in the indictment. at said time Donna
Goode was not the attornev of record¢ iDefendant bond was forfietured by:
``the-Honorable J. MichaeT.Wilkenson,;and,the@bond was.doubled in the amount
of 8150,000.®_0("One~»Hundred``~._I'§‘i~'fty..T~housar"nd'.'Dollars).v Defendant"rem_a``ined in``
the custody of the Harristounty Sheriff‘Department awaitino-posting of the
$150,@00.00 band which,,wasteommetea;$ome 49 days,'., laté'r.- Defenaa_nt is_entitled
to credit on his-sentence.for.time spent Eh custody in connection with the
instant offense, pursuant to Rule 42.3§21a;;
_‘2‘1%_
>Defendant was retained in the Marion§€ountv,Jail, Indianapolis Indiana
and held for the.DurDoSe-of'extridication. Defendant was release on bail
to a State Bonding‘€ompany and was rearrested.and held in the Marion County
. Jaii;awaiting extridiction to Harris.CountV,‘Texas on the instant offense
‘in‘theiindictment;numbered'79©,l36 for.a period``of 30 days and is entitled
-to credit for the time spent in custody in correction with the instant_offense»
Dursuant to 43.3.$2(a)4 CCP-.respectivelV.
i`` `` CONCLUSION
Wherefore,iDefendant Aler Melvin Wadep Jr§,.pravsv that uoon this Court
investigation of the above time scent in custody by Defendant-on the instant
offense, credit his sentence~with.l§§ days time spent in custody in correction
with.the instant offense.
cause all'interested~parties/FTDCJ=CID,and Texas Board of Pardons &.
Paroles of the-sentence to entitled Defendant with al credit aplied to
_- '/
the sentence of the court1 -
3060 FM 3514
Beaumont, Texas 77705-7638
CERTIFICATE OF SERVICE
I, Dr. Alex Melvin Mbde, Jr., pro se herein hereby certify a true and
correct copy of the foredoinq "Nunc Pro munc,f.has this ”;@ Day of September
77002, postage prepaid.
i. »ce*"'-»?'#" " .'
aim
No. 729136-@
EX PA_@TE § lN THE 179TH DlsTRlcT couRT
§ OF
ALEX MELV|N.WADE, JR.,
-Applicani_ 7 v ~ § HARRls couNTY,TEXAs
STATE’S NlOT|ON RE._QUES'T|NG DES|GNAT|ON OF AN 4'|S'SU'E
f':i"he-State___'_of_' Texa_s, by and through its Assis_tant District Attorney for _
Harris County,» requests that this Court, pursuant to TEX. CR'lM. PRoC. CoDE '
, ANN.. art.*11.07, § 3_(d) (West Supp.’2013), designate the issue of Whether
' vthev applicant Was denied pre-sentence jail credits as the issue Which needs
v to be res“'o|ved=in the above captioned cause.
_ E)UIBIT A;A,A;A--l_¢i
Service has been accomplished by mailing a copy of the State’s
l\/lotion Requesting Designation of an |ssue and Proposed Order
Designating an issue to:
A|ex l\/le|vin Wade, Jr.
1624189
Sti|es Unit
3060 FM 3514
Beaumont, Texas 77705
sleNED ihisz"d day of January, 20``15.
. istrict Attorney
Harris County, Texas
_ 1201 Franklin, Suite`` 600
`` _Houston, Texas 77002
(713) 755-6657
Texas Bar l.D. _#00783823
No. 729136-@
E)< PARTE _ § lN THE 179TH DlsTRlcT couRT
§ oF
AL-.EX MELle v\/ADE, JR_, _
._ Appncam - § HARRls couNTY, TE) UIGDAL arm BY JHF.
PRES|D|_NG JUDGE, 179TH 'D|STR|CT COURT
HARR|S COUNTY, TEXAS
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m CN JU‘RY VER.DI¢T' of GUILTY - FUNI§HHENT FIXED B¥ Com OR m¥
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Judqo Pceaidinq=Q{//;be §d»m M)/§M,§¢W mate or Judgmcne¢ 430../¢?9 ?-
At:t:orne l - d `` ' ' ' "At:``to'znéy 9{»@,>( /'Y) wade-1 '
for statori band Q\codl_ for nefendant:tp/m .§_e_. t lwrtvcdccuaa¢t
offender ' - _ .
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' D arena 3 ':‘4’* `` -Comm.i.tteds ¢//' q-' /Q?Q`` ' ~ ``
Cha:'g.i.ng _ ~ . . ' ." ``
Iraat:r.'urnnrrtr Inch'|tmont/M'£em¢i Plear-/l)D'-{ /40,``/-’££/ :"
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Jury Verdictr(Qb/‘/TLL/ Foretnnm@-i@[l A)-. SA[~,‘ CA_nl\C c:
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Plaa eo Enhencemont Find.i.nga on
Parngraph(s)r "7"721}€. ‘ Enhancementr 7_/2(/€»
Affir'mat.i.v¢ Findi.:tigl: (Ciaelc <. -riata relection-NIA- notavai|abieoreorapplicabl
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~ l ' Total Amot.mt_ of l
Time Créditedt ¢»@/ » Restitut.i.on/Rapnr:nti.on/Rewar:dz '/Lj/A
Conctar:r:ent: unleeof Ot:herwi.eo Spaei.£i.edr Reetttut.i.on/Roward to be Fa.td tot
7 munoz ~ /
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L / ' Addzonet .
statement of hmou’ t of Payment:(a) required/roma of Amount:r ``
/
Thla cause being dalted for trlai, the Statc appeared by tha above named atl.orney, and tha defendant appeared in person in open coun, the above
named counsel for Dclendant aiao being , , or where a 1 ' la not t ' by ', the Dafeodant knowingly, |melli¢entiy, and voluntarily
waived tha right to reproaer\tati_on by eo\anael aa indicated abova. and tha raid Dofcndant having bean duly arraigned and lt appearin¢to the Court that De{endant
waa mentally contpetenl:and ha;vin¢ pleaded al rho\vo above to the charging indrument. both partial announced ready for trial and thereupon a jury. to-'vit. the
above earned forer'nan and elev'en others van duly oclected, inrpancled, and rvcm, aba jury having heard the charging inatnameu read and tba Defcndant'a plea
¢‘"?' thereto and having heard tha e\iidcnca hahn-titled and having bean duly charged by tha Coun, retired in charge of tha proper officer to cenaider the verdict, and
afterward were brought into court by thc proper oi'liccr, tire Dcfendaat and dcfcndant'a counact. if any, being preaent, and renamed into open court tbc verdict act
5 zobuv
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forth abovc. which war received by tba Court and la here nov entered upon tba mimms of the Court ar above abova. ’
`` on 0%(1 y 30 .xoj?" .t»'~ c ' mvin¢p¢evimiy.ic¢ucw
have punishment arrestede tlt``c above rhown aueaaor o{puniahnrcnt. and vbcn abown above that th'a charer irratnan\ent contain enhancement pangnph@.
- which were not waived and alle|ea Dcfcndant to have been convicted ¢in § L prwioully of any felony or oit``cnaca for tha purpora of
rho\vn above to have elected tod have thc jury aueu puniahrnent, nach jury war called back into the box and beard evidence relative to the quartion of punirhmeet
and having been duly chach hy the Court; they retired to consider aracb guarded and alter having deliberated they returned into Court the verdict lhorvo under
puniahmenr abovc; and when defendant ia aho\vn above lo have elected to have punirhm¢rn fixed by thc Court, in due form of law timber evidence war heard by
the Court relative to the quenitin of puniahmcnt and the Court lined punirhment of the Defendaot la ahevn abova.
lT lS, Tl{EREFOR£, CONSiDERED AND OR.DER£D by the Court, in the prelcnca of the Dcfcndant, that the raid judgment be and tba name ia
hereby in all thio¢a approved and eonf'arrrrcd. and that tha Defendarn ia adjudged guilty of the offence act forth above ar focmd by the verdict of the jury. and raid
Defendant bc puniahed in accordance with the lury verdict or the Coun'a findin¢. at above above and that the Defendant ia remanccd to a tenn of impriIonmcnt
or fina or both, aa ret forth abova, and that the laid Dcfcndrm be delivered by tha $hedi{w the Director of tha Texaa Depmrneot of Criminal lurticl, institution
Diviaion, or other pcrron legally authorized to receive each convicts for thc punirhmem menard hcrein, and the raid Dc{endam rhali be confined for the above
narhed term in accordance with the proviriom of law governing each punlahnrenta and execution may irma aa neeeaaary. Funhcr, the court linda the Prercnrcncc
lnv'ertigation. if ao ordered, war done according to the applicable provision of An. 42.12. Sec. 9. Code of Crirninal Froccduro. l
AND the raid Defcndrnt war remanded to jail until raid Sheriii’ean obey the direction of thir judgrncra. ._,.
Plea Befora Jury - Court/_Jury Assesnlng Punlalunent .4 _
CR.t~t-4 RlO-O7-9J Page 1 _Lc_n_ri_'l n r\ l v '
!':t
" ' v `` CHRIS DANIEL
HARRts COUNTY DtsTthT CLERK
Alex M. Wade, Jr
1624189
Mark W. Stiles
3060 FM 3514
Beaumont, TX 77705-7638
Memorandu``m response to correspondence received: 3/_20/2014
Re: Cause No(s) 729136.
' Dear Mr. Wade,
Direct Dial Line:
m Your motion/request Nunc Pro Tunc was filed with the District Clcrk and on 8/27/14
A
the Court:
IZ Took no action ' [:] Denied your Motion/Requcst ' l:l Granted your motion/request
[:] Took action I:| Advised attorney of record Other
13 Our records rét``lect your jail time credit to be at the time of sentencer 9/26/1996 to"
4/30/1997. Although sentence impos'ed date is 4/30/1997, the actual sentence to begin
date is 9/29/1996. Judgment reflects no error.
|:l Contact TDC records for further'information. _ .
l____l Requ_ests for certified copies:
ij Picase include fail name, date of»birth, and/or cause number.
l:l Copies must be ordered by document name for correspondence to determine how many pages, to
be able to quote a price. The fee for certified or uncertified copies is $1.00 per page. Ail requests
must include a self-addressed, stamped envelope. if the cause number is not known, there will be _
a record search fee' ot`` $5.00.
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L79th``q)istrict Court
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€1 APPLICANT'$ EXHIBIT "
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P.O. Box 465| ¢ H<)USTON, TExAs 772|0-4651 o (713) 755-5749
//