Mozee, Stanley Orson ( 2015 )

WR-82,467-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/25/2015 10:47:33 AM
Accepted 11/25/2015 11:14:57 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
FOR THE STATE OF TEXAS
AUSTIN, TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
11/25/2015
EX PARTE § ABEL ACOSTA, CLERK
§
§ NO. WR-56,666-03
§
DENNIS LEE ALLEN §
IN THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
AUSTIN, TEXAS
EX PARTE §
§
§ NO. WR-82,467-01
§
STANLEY ORSON MOZEE §
APPLICANT’S MOTION FOR ORDER TO DISTRICT CLERK
TO TRANSMIT AMENDED APPLICATIONS AND
SUPPLEMENTAL EXHIBITS
TO THE HONORABLE PRESIDING JUDGE:
NOW COMES STANLEY ORSON MOZEE and DENNIS LEE ALLEN,
Applicants, and submits this Motion for Order to District Clerk to Transmit Amended
Applications and Supplemental Exhibits and would show the following:
I.
Applicants have filed the following with the Dallas County District Clerk:
1. Amended Applications for a Writ of Habeas Corpus Seeking Relief From Final
Felony Conviction Under Code of Criminal Procedure, Article 11.07.
Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental
Exhibits - Page 1
2. Affidavit in Support of Applications for Writ of Habeas Corpus.
3. Exhibits in Support of Applications for Writ of Habeas Corpus.
4. Supplemental Information in Support of Applications for Writ of Habeas Corpus.
5. Supplement to Amended Applications for Writ of Habeas Corpus.
A copy of each of the above named filings is attached to this motion.
II.
Counsel for Applicants has requested that the District Clerk transmit these items to
the Court of Criminal Appeals. Thus far, the District Clerk has not done so. For this reason,
Applicants request that this Court issue an order to the Dallas County District Clerk to
transmit these items to the Court of Criminal Appeals.
WHEREFORE, PREMISES CONSIDERED, Applicants pray that this motion be
granted.
Respectfully submitted,
/s/ Gary A. Udashen
GARY A. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Appearing on Behalf of the
Innocence Project of Texas
Counsel for Dennis Lee Allen
Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental
Exhibits - Page 2
/s/ Nina Morrison
NINA MORRISON
INNOCENCE PROJECT, INC.
40 Worth Street, Suite 701
New York, New York 10013
212-364-5340
212-264-5341 fax
/s/ Ezekiel Tyson, Jr.
EZEKIEL TYSON, JR.
Bar Card No. 24034715
THE TYSON LAW FIRM
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
214-942-9001 fax
Counsel for Stanley Orson Mozee
CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of November, 2015, a true and correct copy of the
above and foregoing Applicants’ Motion for Order to District Clerk to Transmit Amended
Applications and Supplemental Exhibits was electronically delivered to the Dallas County
District Attorney’s Office.
/s/ Gary A. Udashen
GARY A. UDASHEN
Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental
Exhibits - Page 3
Case No. W00-01305-FR(B)
(The Clerk of the convicting court will fill this line in.)
v
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
CAL
AMENDED APPLICATION FOR A WRIT OF HABEAS-C—OV.P.KS _Dtpury
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
NAME: Dennis Lee Allen
DATE OF BIRTH: July 7, 1962
PLACE OF CONFINEMENT: On Bond
TDCJ-CID NUMBER: 01001859 SID NUMBER: 05465683
(1) This application concerns (check all that apply):
X a conviction 111 parole
X a sentence 111 mandatory supervision
LI time credit LI out-of-time appeal or petition for
discretionary review
(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)
265th Judicial District Court/Dallas County
(3) What was the case number in the trial court?
F00-01305-FR
(4) What was the name of the trial judge?
Keith Dean
Effective: January 1, 2014 1
(5 ) Were you represented by counsel? If yes, provide the attorney's name:
Yes, Jim Oatman
(6) What was the date that the judgment was entered?
September 1, 2000
(7) For what offense were you convicted and what was the sentence?
Capital Murder/Life
(8) If you were sentenced on more than one count of an indictment in the same court at
the same time, what counts were you convicted of and what was the sentence in each
count?
(9) What was the plea you entered? (Check one.)
0 guilty-open plea 0 guilty-plea bargain
X not guilty 0 nobo contenderelno contest
If you entered different pleas to counts in a multi-count indictment, please explain:
(10) What kind of trial did you have?
0 no jury X jury for guilt and punishment
0 jury for guilt, judge for punishment
2
(11) Did you testify at trial? If yes, at what phase of the trial did you testify?
Yes, Guilt-Innocence
(12) Did you appeal from the judgment of conviction?
X yes El no
If you did appeal, answer the following questions:
(A) What court of appeals did you appeal to? 8th District/E1 Paso
(B) What was the case number? 08-00-00442-CR
(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
Yes
(D) What was the decision and the date of the decision? Affirmed - 07/11/2002
(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?
X yes Li no
If you did file a petition for discretionary review, answer the following questions:
(A) What was the case number? 1390-02
(B) What was the decision and the date of the decision? Refused - 01/29/2003
(14) Have you previously filed an application for a writ of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedure challenging this conviction?
X yes El no
If you answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals' writ number? 56,666-02
3
(B) What was the decision and the date of the decision? Denied - 11/12/2013
(C) Please identify the reason that the current claims were not presented and could
not have been presented on your previous application.
The current claims are based on newly available and newly discovered evidence
that could not have been presented at the time of the filing of the first application.
The factual and legal basis of these claims was not available. Moreover, by a
preponderance of the evidence, but for a violation of the U. S. Constitution, no
rational juror could have found the Applicant guilty beyond a reasonable doubt.
Art. 11.07, Sec. 4.
(15) Do you currently have any petition or appeal pending in any other state or federal
court?
El yes X no
If you answered yes, please provide the name of the court and the case number:
(16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to
any final felony conviction, including state jail felonies)
yes EJ no
If you answered yes, answer the following questions:
(A) What date did you present the claim?
(B) Did you receive a decision and, if yes, what was the date of the decision?
If you answered no, please explain why you have not submitted your claim:
4
(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief
summary of the facts. If your grounds and brief summary of the facts have not been
presented on the form application, the Court will not consider your grounds.
If you have more than four grounds, use pages 14 and 15 of the form, which you
may copy as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each
ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if you want to present legal
authorities, but the Court will not consider grounds for relief set out in a
memorandum of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73
and does not exceed 15,000 words if computer-generated or 50 pages if not. If you
are challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum.
5
GROUND ONE:
Applicant is entitled to relief based on newly discovered evidence of actual innocence. No
rational jury would have found proof of guilt beyond a reasonable doubt had the new DNA and
other evidence been available.
FACTS SUPPORTING GROUND ONE:
Newly discovered and newly available evidence demonstrates Applicant's innocence. This
evidence is three separate DNA tests definitely excluding both Applicants (Allen and co-
defendant Mozee) as the source of probative evidence from the crime scene. An unknown
person was the source of 1) DNA mixed with the victim's in a distinct drop of blood swabbed
from the front of the store. 2) DNA on the handle of a hammer found next to the victim's corpse,
which contained the victim's own blood on the ball end. 3) A hair underneath the victim's
fingernails. Additional newly available evidence of innocence, includes correspondence from
two jailhouse informants, Lonel Hardeman and Zane Smith, which contradicted their trial
testimony revealing that they had sought and believed they had been promised deals for their
testimony. There is also evidence that these informants fabricated their claims against Allen and
Mozee. Other new evidence is that Det. Berry swore out an affidavit in which he made false
representations regarding the eyewitnesses he had interviewed. Additional newly discovered
evidence is that one of the three store clerks who Det. Berry claimed had identified Allen had
6
actually told another officer she did not get a good look at the suspect and could not identify
anyone. Moreover, there is newly discovered evidence that none of the three store clerks who
allegedly identified Allen as passing the deceased's credit cards actually stands by their
identification and each of them have withdrawn or recanted their identification or expressed
doubts about it. More newly discovered evidence consists of statements from neutral
eyewitnesses describing a pair of suspects seen before and after the murder who did not fit
the physical features of Mozee and Allen. Also, there is new evidence of at least one additional
undisclosed eyewitness interviewed by Det. Berry who gave a detailed description of two men he
saw arguing with the victim shortly before his death. Other new evidence is the fact that
nowhere in the state's files is there any reference to photo arrays containing either defendant
being shown to two eyewitnesses - Scott James and Insun Chon - which indicates that photo
arrays were shown to these witnesses but they did not pick out Mozee or Allen. There is also
newly discovered evidence that Zane Smith had a motive to claim that Stan Mozee confessed
to involvement in this murder: that Mozee allegedly stole Smith's commissary in jail. This
newly discovered evidence establishes that Applicant is actually innocent in that
no rational juror would have convicted him in light of the newly discovered evidence.
Additionally, actual innocence is also established under the Schlup standard as a gateway
to the other constitutional violations alleged in this Application.
7
GROUND TWO:
Applicant is entitled to relief because, by a preponderance, he would not have been convicted
had the new DNA evidence been available at trial.
FACTS SUPPORTING GROUND TWO:
Under Art. 11.073, Tex. Code Crim. Proc., the new DNA evidence in this case provides a ground
for relief. This new DNA evidence was not available to be offered by Applicant at his trial since
it was not in existence. This new DNA evidence identifies DNA from persons other than Allen
or Mozee, in locations where DNA from the persons who committed this murder would be
found. Had this new scientific DNA evidence been available and been presented at trial, on the
preponderance of the evidence, Applicant would not have been convicted.
8
9
GROUND THREE:
The state failed to disclose exculpatory evidence in violation of Applicant's due process rights.
FACTS SUPPORTING GROUND THREE:
The state failed to disclose exculpatory evidence in violation of due process as follows:
1) Pretrial correspondence from informants Hardeman and Smith found in the file of the
Assistant District Attorney who prosecuted this case contains the following exculpatory evidence
which was not disclosed to the defense and which contradicts trial testimony presented by the
state.
a. Correspondence from Lonel Hardeman to the prosecutor regarding his belief that he a
deal for his testimony with the prosecutor. This directly contradicts Hardeman's testimony,
directly elicited by the prosecutor, that he had no deal, understanding, arrangement or
expectation of leniency, did not want a deal and never even discussed a deal.
b. Correspondence from Zane Smith to the prosecutor regarding his discussions with the
prosecutor regarding assistance from the prosecutor with Smith's own legal issues. This also
contradicted direct testimony from Smith, elicited by the prosecutor, that there was no deal,
understanding, arrangement or expectation of leniency. This exculpatory correspondence and
the discussions between the informants and the prosecutor or other state agents was never
revealed to the defense.
10
Because the state lacked any forensic or credible eyewitness testimony inculpating either
defendant in the crimes, and was forced to rely so heavily on informant testimony to prove its
case, the violations here were unquestionably material to the outcome. Moreover, the state's
violations were compounded by the fact that its former lead prosecutor (1) was under direct
pretrial orders from the trial court to make timely disclosure of precisely such Brady material,
and (2) repeatedly and deliberately elicited testimony from both informants at trial disclaiming
any expectation of personal benefit to themselves, even though he knew - as reflected by the
letters in his own file - that this testimony was false.
2. The state also failed to reveal deals, agreements or understandings with the following
witnesses that the state either would or already had assisted them with their own criminal
problems: (a) John Paul Robinson, (b) Cynthia Sloan, (c) Kenneth Jones, (d) Charles Manning,
(e) Alvin Degrafton-Reid, (f) Zane Smith. In fact on Manning and Degrafton-Reid, the police
detective helped them with their probation violations.
3. The state also failed to reveal that the prosecutor interviewed the following two witnesses
who allegedly identified Allen as passing the deceased's credit cards and they expressed doubt
about their identification: witnesses Kwoon and Jang.
11
GROUND FOUR:
State's witnesses testified falsely at trial and the prosecutor failed to correct their testimony or
inform the court of its falsity.
FACTS SUPPORTING GROUND FOUR:
State's witness Lonel Hardeman claimed at trial that he had no deal, understanding or agreement
with the state, that he would receive help with his own criminal cases after his testimony. He
also claimed that he had no discussion about help with his cases, had no hope of leniency from
the state, and did not want any help and would not accept it if offered. All of these statements
were false and the prosecutor knew they were false. Yet, the prosecutor did nothing to correct
this false testimony or inform the court of its falsity. This is a violation of the prosecutor's duty
to correct false testimony and is a violation of Applicant's right to due process.
State's witness Zane Smith also falsely implied to the jury that he had received no help from
the state on his case and expected none. Likewise, state's witnesses Robinson, Sloan, Manning
and Degrafton-Reid all testified that they had no understanding with the state for assistance
on their cases, and the state had not and would not assist them. This was also false testimony the
state failed to correct violating Applicant's due process rights.
12
13
GROUND FIVE:
The State secured Applicant's conviction through the presentation of false testimony from its
lead detective in violation of Applicant's due process rights.
FACTS SUPPORTING GROUND FIVE:
The state secured these convictions through the knowingly false sworn statements of Det. Berry.
Berry had submitted an affidavit prior to trial in support of applicant's arrest where he stated that
he had located three employees at businesses where suspects had attempted to use the victim's
stolen credit cards within hours of the murder. Berry further attested that the three employees
had identified Allen from the photo array. Berry also testified to this. Newly discovered police
reports and notes from the District Attorney's trial file show that these statements were false.
Moreover, Det. Berry had located and interviewed five, not three employees from these
businesses. In fact, not all of them selected Allen's photograph; one clerk did not, identifying a
different suspect.Also, as to the most relevant witness, Insun Chon, who dealt directly with the
suspect and refused to complete the transaction, Det. Berry's reports make no mention of any
array or lineup ever being shown him. This is likely because the identification procedure
engaged in with this witness did not result in any inculpatory evidence.
Det. Berry's credibility was critical to the state's case: he was the only witness to the allegedly
14
voluntary "confession" of guilt made by Mr. Mozee in custody, and he interviewed virtually all
of the state's key informants and eyewitnesses. The new evidence that he knowingly
misrepresented the nature of the eyewitness evidence to the court and jury in sworn statements
undermines confidence in the trial's outcome and requires due process relief.
15
GROUND SIX:
The state failed to disclose favorable eyewitness evidence in violation of Applicant's due process
rights.
FACTS SUPPORTING GROUND SIX:
The state's trial prosecutor also failed to disclose exculpatory evidence regarding
eyewitnesses, in violation of due process and the district court's express pretrial orders.
In particular, the state failed to disclose the fact that Ms. Kyoung Jang, one of the three store
clerks who purportedly identified Allen to Det. Berry, had earlier stated to another detective
that she "could not recognized [sic] anyone in relation to the attempt [sic] use of the
complainant's credit card, as she had not gotten a close look at the individual trying to use it."
This report was addressed to Det. Berry, was dated more than a year before trial, and was part of
the prosecution's trial file, but was never disclosed to either defense counsel. In addition, the
District Attorney's trial file contains a report regarding another key eyewitnesses who also did
not identify Allen or Mozee: Insun Chon, a store manager who refused to complete the
transaction with the man who tried to use the victim's stolen card Yet, there are no reports
reflecting that eyewitness identification procedures (arrays/lineups) were shown to this witness -
despite the fact that Det. Berry showed the defendants'photographs to every other witness
16
who viewed the suspects, including those with far more limited opportunities to view the
suspects than Mr. Chon This strongly indicates that this witness, consistent with the rest of the
investigation, was in fact show the defendants' photographs and did not identify them, but the
state failed to memorialize or disclose that fact to the defense. In fact, a recently disclosed
notation in the district attorney's file indicates that Mr. Chon did not identify either defendant
prior to trial and the prosecutor was aware of that fact.
17
GROUND SEVEN:
The testimony from the informants was false and presented in violation of due process.
FACTS SUPPORTING GROUND SEVEN:
State's witness Hardeman now admits that the testimony he presented at trial was false and that
Allen did not say the things he claimed at trial he said. Moreover, it is clear from the
records that he falsely testified concerning whether he expected to receive any benefits from
the state. Even if the prosecutor did not know of the falsity of the substance of this testimony,
the presentation of this false testimony is a violation of due process.
The Court of Criminal Appeals has previously held that due process requires relief whether new
evidence reveals that a key witness's trial testimony against a defendant was false, whether or
not trial prosecutors knew or should have known of its falsity. Thus, the informant's recantation,
if credited, would provide further grounds for granting the writ (in addition to the considerable
documentary evidence establishing due process violations regarding these informants as set
forth separately in other grounds, supra).
18
19
GROUND EIGHT:
Applicant received ineffective assistance of counsel at trial.
FACTS SUPPORTING GROUND EIGHT:
In an evidentiary hearing on this writ application, the state's prosecutor at trial, Rick Jackson,
claimed that an entry in his notes stating that he showed physical evidence to defense counsel
Jim Oatman, means that he showed defense counsel the letters from Hardeman and Smith
concerning their discussions with the state about help the state would give them on their cases.
Prosecutor Jackson does not claim to remember actually giving or showing defense counsel
these letters. Rather, he relies on this notation of showing defense counsel the physical
evidence as his basis for his claim that he showed the letters to defense counsel. Nevertheless,
the evidence clearly shows that the prosecutor did not show these letters to defense counsel.
However, if the court finds the prosecutor's testimony in this regard convincing, then there is
clear and obvious ineffective assistance of counsel by defense counsel in failing to use these
letters at trial to impeach the testimony of Hardeman and Smith claiming they had no deal,
agreement, arrangement or understanding that the state would assist them in their own cases.
This ineffective assistance would be inadequate performance by counsel and would have
20
affected the outcome of these cases since Hardeman and Smith were important state
witnesses.
WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.
VERIFICATION
This application must be verified or it will be dismissed for non-compliance. For
verification purposes, an applicant is a person filing the application on his or her own behalf. A
petitioner is a person filing the application on behalf of an applicant, for example, an applicant's
attorney. An inmate is a person who is in custody.
The inmate applicant must sign either the "Oath Before a Notary Public" before a
notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented
by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and
then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a
Notary Public" before a notary public unless he is represented by a licensed attorney, in which
case the attorney may sign the verification as petitioner.
A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public"
before a notary public and must also complete "Petitioner's Information." An inmate petitioner
must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's
Declaration" without a notary public and must also complete the appropriate "Petitioner's
Information."
OATH BEFORE A NOTARY PUBLIC
STATE OF TEXAS
COUNTY OF 734'
Ga Udashen , being duly sworn, under oath says: "I am the
applicant petitioner cle one) in this action and know the contents of the above application
for a writ o dbeas corpus and, according to my belief, the facts stated in the application are
true."
Signature of Applican
SUBSCRIBED AND SWORN TO BEFORE ME THIS
PHYLLIS ANN SPURGEON
Notary Public, State of Texas
Sigfiature CNotary Public
•
My Commission Expires
-•"°)e • April 27, 2016
22
PETITIONER'S INFORMATION
Petitioner's printed name: Gary A. Udashen
State bar number, if applicable: 20369590
Address: 2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
Telephone: 214-468-8100
Fax: 214-468-8104
INMATE'S DECLARATION
I, , am the applicant / petitioner (circle one) and
being presently incarcerated in , declare under penalty of
perjury that, according to my belief, the facts stated in the above application are true and correct.
Signed on , 20
Signature of Applicant / Petitioner (circle one)
23
PETITIONER'S INFORMATION
Petitioner's printed name: Gary A. Udashen
Address: 2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
Telephone: 214-468-8100
Fax: 214-468-8104
Signed on 7,4,‘/V, ,7 ,20
Signature of Petitioner
24
Case No.
(The Clerk of the convicting court will fill this line in.)
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
AMENDED APPLICATION FOR A WRIT OF HABEAS
CORPUS SEEKING RELIEF FROM FINAL FELONY
CONVICTION UNDER CODE OF CRIMINAL PROCEDURE,
ARTICLE 11.07
Stanley Orson Mozee
NAME-
DATE OF BIRTH- 04/21/1959
On bond pursuant to Art. 11.65
PLACE OF CONFINEMENT.
TDCJ-CID NUMBER: 939024 SID NUMBER . 2375532
( 1) This application concerns (check all that apply): G:#
a conviction 0 parole 3, c:"
94r a sentence 0 mandatory supervision C3
--0
' . •-
0 time credit 0 out-of-time appeal or petition tor-
discretionary review : (1"?
c: w c.ii
--,..
(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)
265th Judicial District Court of Dallas County, Texas
(3) What was the case number in the trial court?
F99-02631 -R
(4) What was the name of the trial judge?
Judge Keith Dean
Effective: January I, 2014
(5 ) Were you represented by counsel? If yes, provide the attorney's name:
Matt Fry
(6) What was the date that the judgment was entered?
August 2, 2000
(7) For what offense were you convicted and what was the sentence?
Capital murder with a deadly weapon; Life imprisonment
(8) If you were sentenced on more than one count of an indictment in the same court at
the same time, what counts were you convicted of and what was the sentence in each
count?
N/A
(9) What was the plea you entered? (Check one.)
0 guilty-open plea 0 guilty-plea bargain
if not guilty 0 nolo contenderelno contest
If you entered different pleas to counts in a multi-count indictment, please explain:
(10) What kind of trial did you have?
0 no jury 0 jury for guilt and punishment
4 jury for guilt, judge for punishment
2
(11) Did you testify at trial? If yes, at what phase of the trial did you testify?
Yes, both during trial and during a pre-trial hearing to suppress the confession.
(12) Did you appeal from the judgment of conviction?
If yes 0 no
If you did appeal, answer the following questions:
(A) What court of appeals did you appeal to" 5th District, Dallas, Texas
(B) What was the case number? 05-00-01260-CR
(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
Dean M. Swanda
(D) What was the decision and the date of the decision? Affirmed 12/1-4/2001
(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?
El yes / no
If you did file a petition for discretionary review, answer the following questions:
(A) What was the case number?
(B) What was the decision and the date of the decision?
(14) Have you previously filed an application for a writ of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedure challenging this conviction?
El yes no
If you answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals' writ number"
3
(B) What was the decision and the date of the decision?
(C) Please identify the reason that the current claims were not presented and could
not have been presented on your previous application.
(15) Do you currently have any petition or appeal pending in any other state or federal
court?
D —yes no
If you answered yes, please provide the name of the court and the case number:
(16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to
any final felony conviction, including state jail felonies)
Dyes 0 no
If you answered yes, answer the following questions:
(A) What date did you present the claim?
(B) Did you receive a decision and, if yes, what was the date of the decision?
If you answered no, please explain why you have not submitted your claim:
4
(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief
summary of the facts. _Ifyour grounds and briefsummary of the facts have not been
t fonnaflplicatidh; the Court will not consideryour grounds;
.iiTthdoiitlh
If you have more than four grounds, use pages 14 and 15 of the form, which you
may copy as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each
ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if you want to present legal
authorities, but the Court will not consider grounds for relief set out in a
memorandum of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73
and does not exceed 15,000 words if computer-generated or 50 pages if not. If you
are challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum.
5
GROUND ONE:
Newly Discovered Evidence Establishes that Mr. Mozee is Actually Innocent. No Rational Jury Would Have
Found Proof of Guilt Beyond a Reasonable Doubt Had the Newly Discovered Evidence Been Available.
FACTS SUPPORTING GROUND ONE:
A combination of previously-unavailable DNA evidence and exculpatory documentary evidence that was
suppressed by the State's trial prosecutors demonstrates the innocence of Mr. Mozee and his co-
defendant Dennis Allen; at the very least, no rational jury would have convicted either man of capital
murder had this evidence been available. The new evidence includes, inter alia: (1) newly obtained DNA
—
testing-revealing that-person(s) other than the defendant deposited DNA mixedwith the victim's on a
bloodstain at the scene of the crime, in a hair fragment under the victim's fingernails, and on a hammer
found next to the victim's corpse; (2) contemporaneous correspondence from the State's two primary
jailhouse informants, revealing that both men had repeatedly sought. and believed they had been
promised, leniency in their own cases in direct exchange for their testimony for the State, in direct
contravention of their trial testimony and the State's own representations to the jury; (3) exculpatory
eyewitness evidence suppressed by the State at trial; and (4) evidence that the lead detective in the case --
whose credibility was critical to the State's presentation -- had submitted a false pretrial affidavit to the
court. misrepresenting the nature of the_ eyewitness evidence gathered to date. Given the lack of forensic
6
evidence or credible lay witness testimony connecting either defendant to the crime, had the new evidence
■ I1 a • 111 I . ! •.11 11 ' 11 I I II
I 1- 1 I II
Applicants' acquittals.
7
GROUND TWO:
Applicants are Entitled to Relief Because, By a Preponderance of the Evidence, They Would Not Have
Been Convicted Had the New DNA Evidence Been Available at Trial.
FACTS SUPPORTING GROUND TWO:
The new DNA evidence set forth with respect to Claim One, supra, also entitles Applicants to relief under
the newly enacted provisions of Tex. Code Crim. Proc. art. 11.073, in that it establishes, by a preponderance
of the evidence, that Mr Mozee and his co-defendant would not have been convicted had the jury heard
that evidence. The State's trial case rested on the uncorroborated "confession" of Mr. Mozee (which was
wrfiten . Ont fOihirri- bYilie lone- -ctetectiVe to whom he- had-allegedly made-these unrecorded-admissions)
which he has disavowed for more than fifteen years, as well as the implausible and self-interested testimony
of a jailhouse informant. For this reason, new DNA evidence pointing to an unknown individual as the
source of key DNA deposits in multiple locations at the scene of this violent robhery-murder would have
readily tipped the scales to acquittal, satisfying the preponderance standard for relief.
8
9
GROUND THREE:
The State Failed in Disclose Favorable F.videnre Revrding Jailhniise And Other Informant Wit ne sses, and
Elicited Testimony from the Informants that the Trial Prosecutor Knew Was False, in Violation of Applicant's
Due Process Rights.
FACTS SUPPORTING GROUND THREE:
The State violated Mr. Mozee's due process rights by failing to disclose its communications with at least
two jailhouse informants -- one of whom testified at both trials, and one of whom testified at Mr. Allen's trial.
These rnmmimications pertained to the benefits that both informants expressly son & and believed they had
been promised in exchange for their testimony, including letters sent to the lead prosecutor demanding certain
benefits in exchange fig—testifying and/or seeking to have the State honor promises of assistance-that informants
believed had been given. Testimony by informant Zane Smith at Mr. Mozee's trial, and by the former prosecutor
in this proceeding, Rick Jackson, that Smith had "no deal," whether express or implied, is contradicted by this
correspondence, and by the fact that after both trials were over, the prosecutor went to extraordinary lengths to
benefit Smith. He personally appeared for the State in an "agreed motion for a new trial" for Smith, even after
the time to seek (and the court's jurisdiction to grant) such relief had expired; this resulted in the entry of what
was effectively an illegal judgment and sentence reduction on Smith's behalf.
In addition, the State failed to disclose the fact that the lead detective in this case actively assisted two
other informants, Charles Manning and Alvin Degraftenreed, with probation violations before they testified.
This fact was documented in ADA Jackson's pretrial notes that were only recently disclosed. It directly contradicts his
10
sworn tectimnny in this prnreeding that he never ascictert, nr directed anynne tn accict, a State inInrmant with any
pending criminal matter before the informant testified. This evidence is relevant to assessing the former prosecutor's
credibility on all of the due process issues in this writ, including testimony that the State did not assist informant Smith
with his own pending criminal charges, which were resolved with a highly favorable plea less than three weeks before
he testified.
Finally, newly disclosed materials that predate Smith's plea and his testimony against Mr. Mozee reveal that he
failed to timely disclose Smith's anticipated testimony in violation of_pretrial orders; falsely told counsel on the first
day of trial that he had only been contacted by Smith "in the last few days"; and violated pretrial orders to disclose
Smith's written statements.
Former ADA Jackson admitted in this writ proceeding that he was obligated to provide this information to Mr.
Mozee's counsel, yet he has no recollection or record of doing so. Because the State lacked any forensic or credible
eyewitness testimony inculpating either defendant, and was forced to rely so heavily on informant testimony, the
violations here were unquestionably material to the outcome. Moreover, the State's violations were compounded by
the fact that its former lead prosecutor (1) was under direct pretrial orders from the trial court to make timely
disclosure of this material, and (2) elicited false testimony from informants at trial disclaiming any expectation of
future personal benefits to themselves.
11
GROUND FOUR:
The State Secured Applicants' Convictions Through the Presentation of False Testimony from Its Lead
Detective in Violation of Due Process
FACTS SUPPORTING GROUND FOUR:
The State violated Mr. Mozee's due process rights when it secured his conviction through the knowingly
false sworn statements of Det. Rick Berry. Det. Berry submitted an affidavit prior to trial in support of co-
defendant Allen's arrest, in which he represented to the Court that he had thus far located "three
employees" from the various business at which an unknown suspect, accompanied by a second man, had
-
- —attempted-to-use the-victim's stolen credit cards within hours of the murder._ He fuither atfeited that he
had shown defendant Mr. Allen's photo to each of "the three employees" he had identified from these
locations, at which time they "all picked the defendant's photo as the person who had used the credit
cards." He then repeated this alleged chain of events to the jury in sworn testimony at Mr. Mozee's trial.
Newly-disclosed police reports from the District Attorney's trial file reveal that these statements
were false. In fact, Det. Berry's own reports show that when this affidavit was submitted, police had
interviewed five -- not three -- employees from the various businesses who had witnessed the use of the
stolen cards. Moreover, not "all" of them selected Allen's photo: one clerk did not (identifying a different
suspect), and the lineup report for the fifth (the store manager, who had the most direct contact with the
12
suspects) was never produced and may never have been prepared.
Det. Berry's credibility was critical to the State's case: he was the only witness to the allegedly
voluntary "confession" of guilt made by Mr. Mozee in custody, and he interviewed virtually all of
the State's key informants and eyewitnesses. The new evidence that he misrepresented the
nature of the eyewitness evidence to the Court and jiiry in sworn statements undermines confidence in
the trial's outcome and requires due process relief.
13
,
GROUND FIVE:
The State Failed to Disclose Favorable Eyewitness Evidence in Violation of Due Process.
FACTS SUPPORTING GROUND:
The State's former trial prosecutors also failed to disclose exculpatory evidence regarding eyewitnesses, in
violation of clue process and the district court's express pretrial orders.
In particular , the State failed to disclose the fart that Ms Kyniing Jang , one of the three store clerks who
purportedly identified Allen to Det. Berry, had earlier stated to another detective that she "could not
-anyo-rie-in relation to-the- attempt [sic] use-of-the-complainanes-credit card,-as-she had not -
gotten a close look at the individual trying to use it." This report was addressed to Det. Berry, was dated
more than a year before trial, and was part of the prosecution's trial file, but was never disclosed to either
defence (-mince! Tn addition , the District Attorney's trial file contains reports and notes reprding at least
one other key eyewitness who also did not identify Mr. Allen or Mr. Mozee: Insun Chon, a store manager
who refused to complete the transaction with the man who tried to use the victim's stolen card. Yet there
are no reports reflecting that eyewitness identification procedures (arrays/lineups) were shown to him --
despite the fact that Det. Berry showed the defendants' photographs to every other witness who viewed the
suspects, including those with far more limited opportunities to view the suspects than Mr. Chon.
14
Recently obtained pretrial notes from Mr. Jackson's trial file also indicate that (1) Mr. Chon did not identify
Allen or Mozee as the perpetrator, and (2) Mr. Jackson met with several of the eyewitnesses who made the
allegedly positive identifications shortly before the defendants' trials, yet did not call them as
witnesses. This undisclosed exculpatory matherial further undermines confidence in the coutcome of the
trial.
_
15
GROUND SIX:
Applicants Were Cnnvirterl nn the Rasis of False Testimnny hy Jailhnnse Infnrrnants Requiring Due Process
Relief Even if the Witnesses' Perjury Was Unknown to Prosecutors
FACTS SUPPORTING GROUND:
Two State informants -- Lonel Hardeman and Zane Smith -- have given voluntary interviews to
Applicants' counsel in which they admit that they gave false testimony at the trials of Mr. Mozee and Mr.
Allen. Smith has specifically admitted what was already indicated from the newly disclosed file materials:
that he falsely testified when he claimed to expect no personal benefits from the State in exchange for his
•
feti m oriy: in fkt, liehéliêved he had been specifically promised -by tharial - prosecutot th-arth-e- Statewould seek • -
- —
a sentence reduction on his behalf after he testified. Testimony by Smith at trial, and by the former prosecutor in
this writ proceeding, that they had no express or even implied "deal" is further undermined by the fact that after
both trials were over, ADA Jackson went to extraordinary lengths to obtain the promised benefit for Smith, by
filing an "agreed motion for a new trial" even after the time to seek (and the court's jurisdiction to grant) such
relief had expired, resulting in the entry of what was effectively an illegal judgment and sentence reduction on
Smith's behalf.
The Court of Criminal Appeals has previously held that due process requires relief where new evidence
reveals that a key witness's trial testimony against a defendant was false, whether
16
or not trial prosecutors knew or should have known of its falsity. Thus, the informants' recantations, if
credited, would provide further grounds for granting the writ (in addition to the considerable documentary
evidence establishing due process violations regarding these informants as set forth separately in Ground Three,
supra).
-
17
GROUND SEVEN:
Applicant Received Ineffective Assistance of Counsel at Trial
FACTS SUPPORTING GROUND:
Applicant received ineffective assistance of trial counsel in at least three respects:
(a) Counsel failed to object to hearsay testimony elicited by the State from Det. Rick Berry that
three store clerks had "identified" Mr. Mozee's co-defendant, Dennis Allen, as the person who used the
victim's stolen credit card on the night of the murder. Counsel also failed to conduct a reasonable pretrial
—investigation- into-these alleged-identifications, This lack of diligence-allowed-the-State to- improperly-argue -
in summation that the identifications of Allen corroborated Mr. Mozee's custodial "confession," which greatly
prejudiced Mr. Mozee. Indeed, at Mr. Allen's trial (when this hearsay testimony was not used), nape
of the three store clerks actually identified Allen: one clerk recanted his earlier alleged identification, and the
other two clerks did not testify.
(b) Counsel failed to challenge the voluntariness and truthfulness of Mr. Mozee's custodial
"
confession" when he failed to obtain and introduce recent medical records showing that Mr. Mozee had a
documented history of serious mental illness, including schizophrenia, that made him susceptible to giving a
false and involuntary confession. Counsel also failed to retain a qualified expert on false confessions or
18
otherwise present evidence to help the jury understand why the "confession" lacked any indicia of truthfulness
or reliability. This ineffectiveness greatly preiduced Mr. Mozee because it allowed the State to argue in
summation that there was no evidence he suffered from mental illness, that he was feigning symptoms of
mental illness, and that his signed confession was voluntary and reliable.
(c) At an evidentiary hearing on this writ application, trial prosecutor Rick Jackson admitted that
he had no specific recollection of showing Mr. Mozee's counsel the letters received from informants Hardeman
—_- and-Smith-regarding
__ _ __the-benefits-they
. expected
_ _ to receive
_ _ from the-State in-exch-an
_ - for-theite-stimony;--nor
•. __
did he have any file notation corroborating his belief that he must have fulfilled his obligation to Mr. Mozee's
counsel to disclose this correspondence to him. The evidence establishes that the prosecutor did not show
these letters to either defense counsel. However, if the court finds the prosecutor's testimony in this regard is
convincing, then there is clear and obvious ineffective assistance of counsel by defense counsel in failing to use
these letters at trial to impeach the testimony of Smith claiming he had no deal.
agreement, arrangement or understanding that the state would assist him with his own plea and sentence, or to
seek a new trial for Mr. Mozee based on the letters and the false testimony given by the various informants at
both trials. This ineffective assistance, if proven, would be deficient performance by counsel and would
undermine confidence in the outcome of the trial.
19
C
--
-
20
WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.
VERIFICATION
This application must be verified or it will be dismissed for non-compliance. For
verification purposes, an applicant is a person filing the application on his or her own behalf. A
petitioner is a person filing the application on behalf of an applicant, for example, an applicant's
attorney. An inmate is a person who is in custody.
The inmate applicant must sign either the "Oath Before a Notary Public" before a
notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented
by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and
then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a
Notary Public" before a notary public unless he is represented by a licensed attorney, in which
case the attorney may sign the verification as petitioner.
A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public"
before a notary public and must also complete "Petitioner's Information." An inmate petitioner
_ must-sign either the-"Oath Before a Notary Public"-btfore a notary publicor th-e "Inmates _
Declaration" without a notary public and must also complete the appropriate "Petitioner's
Information."
OATH BEFORE A NOTARY PUBLIC
STATE OF TEXAS
Dallas
COUNTY OF
Ezekiel Tyson, Jr. , being duly sworn, under oath says: "I am
the applicant / petitioner (circle one) in this action and know the contents of the above
application for a writ of habeas corpus and, according to my belief, the facts stated in the
application are true."
'
Signature of Applicant / tition (circle one)
(99
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,20 I-C.
irieressidirlhAlwillhmandbodbodimaim.
K CECILIA LUGO
•
My Commission Expires
August 16, 2019
•
PC1,1,K, /IT
tary u lic
PTTIWRIPTIMPWRWWwWW"/■
21
PETITIONER'S INFORMATION
Petitioner's printed name: Ezekiel Tyson, Jr.
State bar number, if applicable: 24034715
Address: The Tyson Law Firm
342 W. Montana Avenue
Dallas, Texas 75224
Telephone: 214-942-9000
214-942-9001
Fax:
INMATE'S DECLARATION
, am the applicant / petitioner (circle one) and
being presently incarcerated in , declare under penalty of
perjury that, according to my belief, the facts stated in the above application are true and correct.
Signed on 1■1 cxember 1 3 '
1
,20 C
Signature of Applicant / tretitiope (circle one)
22
PETITIONER'S INFORMATION
Petitioner's printed name- Ezekiel Tyson, Jr.
Address- The Tyson Law Firm
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
Telephone-
214-942-9001
Fax-
. 1 S-1
Signed on 1 -Mvernbc."- 1 :5 , 20 .
Signature of iCetitione?
23
CAUSE NOS. F99-02631-R, F00-01305-R
WRIT NOS. W99-02631-R(A) and W00-01305-FR(B)
EX PARTE IN THE DISTRICT COURT
0
203RD JUDICIAL DISTRICT
STANLEY ORSON MOZEE
and
DENNIS LEE ALLEN DALLAS COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF
APPLICATIONS FOR WRIT OF HABEAS CORPUS
TO THE HONORABLE PRESIDING JUDGE:
NOW COMES the Applicants, STANLEY ORSON MOZEE and DENNIS LEE
ALLEN, and submits the attached affidavit from the following person in support of their
Applications for Writ of Habeas Corpus:
Stuart Parker
Respectfu ly submitted,
GAR A. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2301 Cedar Springs Road
Suite 400
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Appearing on Behalf of the
Innocence Project of Texas
Counsel for Dennis Lee Allen
Affidavit in Support of Applications for Writ of Habeas Corpus - Page 1
NINA MORRISON
INNOCENCE PROJECT, INC.
40 Worth Street, Suite 701
New York, New York 10013
212-364-5340
212-264-5341 fax
EZEKIEL TYSON, JR.
Bar Card No. 24034715
THE TYSON LAW FIRM
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
214-942-9001 fax
Counsel for Stanley Orson Mozee
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
Affidavit in Support of Application for Writ of Habeas Corpus was delivered to Cynthia Garza
and Patricia Cummings, Assistant Dallas County District Attorneys, on this the t day of
November, 2015.
GARY A. UDASHEN
Affidavit in Support of Applications for Writ of Habeas Corpus - Page 2
STATE OF TEXAS
AFFIDAVIT
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared Stuart Parker,
who, after being by me duly sworn, upon oath said:
My name is Stuart Parker. Jam an attorney licensed in the State of Texas since 1975. I am
board certified in criminal law by the Texas Board of Legal Specialization.
I knew Jim Oatman, both personally and professionally. Mr. Oatman was a highly skilled
and conscientious attorney, both as a prosecutor and defense attorney. He put a great deal of effort
into his work and was uniformly viewed as someone who did a very good job for his clients. He was
not only a great courtroom lawyer, but was also known as someone who was well-prepared and
thorough when it came to pretrial discovery and preparation.
I have been asked to comment on the following factual scenario. These facts have been
provided to me by Gary A. Udashen and my comments are based on the information Mr. Udashen
has provided to me.
In the year 2000, Mr. Oatman represented Dennis Lee Allen on a capital murder case. During
trial, the state presented two informant witnesses: Witness one, Lonel Hardeman, testified that he
had spoken to Allen and Allen had admitted being involved in this murder. At the time of trial,
Hardeman was in jail with pending cases. At trial, Hardeman testified that he had no expectation
or hope of leniency from the state in exchange for the information he had provided against Allen.
The testimony from Hardeman at Allen's trial included the following:
(Mr. Jackson - Prosecutor)
Q : Mr. Hardeman, do you have any expectations — what are your expectations
for testifying in this case?
A: Nothing, just to bring a closure to Mr. Boms' death. That's it.
Q. Okay. Have I told you that we would talk about maybe doing something in
your case after this was over?
Affidavit of Stuart Parker - Page 1
A. No, sir.
(Allen T.T. Vol. 3, p. 266.)
(Mr. Jackson - prosecutor)
1 2
Q : So [Lisa] kind of passed the word to Berry that you wanted to talk to him?
A: Well, she stated to him that she knew about the case and for all charges
[to] be dropped against me, that she would testify against Dennis Lee
Allen. And when Rick Berry came to me, I only told him what I knew. I
didn't know nothing else was going on.
: Okay. So she kind of negotiated in your behalf', kind of like an agent I guess;
Q
is that right?
A: Yes, sir.
: Okay. If all charges were dropped you would testify against Dennis Allen?
Q
A: Correct.
: Okay. But you really didn't want any part of that, did you?
Q
A: And I still didn't [sic].
(Id. at 272) (emphasis supplied).
(Mr. Jackson - prosecutor)
Q: You and Mr. Berry didn't talk about what might be in it for you; is that right?
A: No, sir.
(Id. at 269.)
•••
(Mr. Oatman - defense lawyer)
Q: And you really don't want any help from Mr. Jackson here for doing the right
thing by coming down here; is that right?
A: That's right.
: And I take it [if] once this case is over, Mr. Jackson came down and told your
Q
judge, hey, he helped us out on a capital murder case, you're going to go no,
Mr. Jackson, I don't want your help. I want to face these two life sentences
on my own because I am such a I good soul; is that right?
A: Due to the fact that I never done a robbery before. I'm not going to ask Mr.
Jackson for no help.
: Okay.
Q
A: Because truthfully I can stand on the stand just like I am today and beat those
robbery cases, because I never done a robbery before.
: Going to beat them, aren't you?
Q
A: I put it in the Lord's hands.
(Id. at 274-75.)
'Lisa was Hardeman's girlfriend.
'Berry was the police investigator.
Affidavit of Stuart Parker - Page 2
After the Allen trial, upon review by Innocence Project attorneys, letters from Hardeman to
the prosecutor were found in the prosecutor's file. These letters were in the prosecutor's file at the
time of the Allen trial. These letters included the following statements:
I Lonel Hardeman Jr. is writing you because I truly feel that I'm being used by the
Department against crime. After turning over true statements, letters, and affidavits
to your departments to Detective Rick Berry about the April 7, death of minister Jesse
Borns; Willing to testifie [sic] against Dennis Lee Allen, a man that I only been with
since Sept. 18, 1998 till today of Aug. & Sept. ... From day one Mr. Rick Berry
was told from me and others for the information and the things he collected from
me all charges against me to be dropped since all allegations are not true. On
August. 27, 1999.
Mr. Rick Berry stated that he would help me like I helped him; Ms. Crum this would
be the second murder case I've helped the Department on with true facts and
statements, and willing to continue. I feel as though with the cooperation that I
give and the jepordy [sic] of my life that you should release me back to my
family. Mr. Ken Penrod and Alvin Pereze are the other two men that knows that I am
honest as well as lain you should[.] I spoke with you before. Laying here in jail on
charges I didn't commit is wrong, Like I said I'll do whatever it takes to convict
Dennis Lee Allen, Taking the stand won't be a problem, All I ask is for my life
back with my family. I help you once I'll help you again. Ms. Linda Crum from this
letter I wish to hear from you as a response to my letter and freedom; I thank you for
in your time out to read this letter and pray to God that this incident come to an
closing of the truth and righteousness of Justice. Say hello to 1 Ken and Mr. Pereze
as well. Yours Truly, A man that wants his Freedom.. .Lionel Hardeman Jr....God
knows who lieing[sic] ....and who's telling the Truth...
(Letter from Hardeman to Capt. Crum, dated Aug. 29, 1999).
Dear Sir: With all respect and honor to you I Lonel has been thinking of the issue of
the Dennis Lee Allen case. I'm wanting to let you know that I know that we can
come to an agreement on the cases pending against me for the testimony against
Dennis Allen. I know that 1 if I don't agree to testifie that I would be facing trial in
my behalf. I rather do time if I have to and not be number as a snitch than to do time
on "Death Row" wondering who's waiting to kill me for talking against Dennis L.
Allen and yet I still do time. I can't live that way. In 1998 I help the homicide unit
solve a murder [illegible] and I had 4 charges against me then and if the 1
District Attorney agreed upon a deal with me then I know you can [illegible] no
different from any other District Attorney! Mr. Ken Penrod and Alvin Perez is the
two that helped me then I know somewhere you and I can come to an agreement
for my testimony for the Dennise [sic] Allen trial. All I'm asking for in the return
of my self is for the 3 robbery cases be droped which I know for a fact I didn't
do, and state jail probation 2 years for what I did do and sign befor I step on the
stand so when I step down I'll be back in the arms of my family and not having
to worrie if I'll ever see Dennise [sic] L. Allen for a while. This is not a lot to ask
Affidavit of Stuart Parker - Page 3
for, I still will be accepting a conviction and I know I would have to walk very lightly
for the rest of my life. Other than this don't call me back, I don't want to waste
your time nor mine.
11 have a family to that loves me; I have childrens as well that care for me; Dermise
[sic] is a man that I know would come after 1 me if he had a chance; Im risking
myself, family and friend by standing trail against him; Im bring Justice to a family
that lost a love one behind a person with no moral; I think for what I'm asking for
is not even enough but is acceptable to ask for, I've been here once remember that
in 1998 murder case I know it can be done, I'm willing to tell the truth if your willing
to give my life back to me. I thank you for your time and patients and tell Douglas
Shopmeyer God is watching his children every step of the way. God know Imdtw-7
telling the truth and soon the court will to someway some how. . ..You can't Hide the
Truth! You have the Right man now lets put him away! God Bless you.
(Letter from Hardeman to ADA Jackson dated Feb. 14, 2000).
1Dear sir: My agreement with you is soon to be over...with you or without you I
know I can win my case along with out jepeordising [sic] my life as well as my family
lives because I never done any robbery what so ever and Im willing to go to trial now
because I can't keep waiting on another man trial that keeps on being
reschedule. My state jail time is about up and yes Im on parole; Im not afraid of what
I have to face, cause I am innocent.
When found innocent I'm facing maybe a little more time if any at least I know
something is being done, so I can go home. Im tired of 1 of laying here knowing I can
win my case than to wait on a man that is guilty. I have a life and a good family and
childrens that loves me. We can't keep waiting on another man when I can take
care of my own. Long as I been here I could have been to trial and home and if I
have to be here past my state jail time than I rather go to trial cause Im not going to
keep on waiting any longer on another man that keeps being set off I hope you
understand. Im not going back on my word but Im not going to keep waiting on
him either if I have to come to court from the free world then I will but this waiting
and waiting no more People can't even let me know what's going on I have to hear
about it from T.V. You people tell me one thing and there's another I don't know
what to think or do no more, I need my lawyer to contact me "ASAP" I have a lot of
question that need to be brought out to you and him. Please contact me; thank you.
(Letter from Hardeman to ADA Jackson dated July 7, 2000).
1 The District Attorney's file also contained letters that Hardeman's girlfriend wrote him while
he was in jail. The following are excerpts from these letters:
What are they talking about doing on your cases? Are they offering probation at all?
Oh!!! This is what I wanted to talk to you about. One night right after you had left I
was sitting on the steps alone drinking and shit and these 2 white men passed by. I felt
Affidavit of Stuart Parker - Page 4
like they were cops but I didn't give a shit right 5 minutes later they stopped in front
of me and started questioning me and shit about what I was doing and so forth.
Anyway after we talked a minute he said you seem educated and all this. Then he
said that they were homicide detectives working on the case of the minister that
got robbed and killed. He gave me his card in front of everybody right. I look
at it and tear it up. He ask me if I wanted to make some money, I said yeah. He
said if I come up with anything to call him. Well I didn't tell him what I knew.
He told me what he knew. He said he looking for a black man that hangs where
I was sitting with receding Salt-n-pepper hair in his late 30's to early 40's that
goes by the name Stan. I told him I'd ask around but I didn't know much. But I
know who did it Lonel. I called Marvin and asked him to get in touch with the
detective to see if I could talk to him in exchange for lesser sentences for both of
us. But I do know 100% who did it. Do you think I'm doing the right thing? About
talking to the detective? He hasn't come to see me yet so maybe Marvin didn't even
call him but I sure would like to get in touch with him. Maybe you can find someone
on your end to get in touch with him. His name is Detective Rick Berry--DPD
homicide division. If you contact someone who can get him, tell him that I need
to speak with him regarding information on the homicide case on the minister.
Maybe he can do something for us because I do have some pertinent information
for him. And I don't care about telling it because I don't plan on being in the South
Side like that ever again. I'm looking out for me and my baby, fuck the rest.
(Undated letter from Lisa Davis (Hardeman's girlfriend) to Lonel Hardeman, at pp. 7-9) (emphasis
supplied; typographical errors in original).
Anyway I am sure you have heard about D.A. He has been charged with the death of
the preacher I have been telling you about. He was p/u [picked up] 2 Saturdays ago.
That's why the detective didn't come see me because they had him already. Plus
he has 2 robbery charges pending. One of them is aggravated. It's in this past
Saturday's paper. I will try and send that to you.
So you know what that means huh? You probably can prove that he was the
mastermind of that hustle. I sure hate that for him but you now have a better chance
on your cases boo.
(Undated letter from Lisa Davis to Lonel Hardeman).
I understand that one question the court is considering is whether the prosecutor had given
these letters to Mr. Oatman, either during or before trial. This question has arisen because Mr.
Oatman is deceased and unable to answer the question. I also understand that there was no reference
at all in the trial to these letters.
Based on my knowledge of Jim Oatman's skills and dedication as a lawyer, Tam certain that
he would have used these letters to impeach the testimony of Hardeman if he had been given them
Affidavit of Stuart Parker - Page 5
by the prosecutor. Any competent lawyer would have used them, and since Mr. Oatman was not just
a competent lawyer but an outstanding one, I am sure he would have used them at trial. Based on
the fact that Mr. Oatman did not use these letters to challenge the testimony of Hardeman, my
conclusion is that he was never given them by the prosecutor. In addition, had Mr. Oatman been
shown the letters by the prosecutor prior to trial, I have no doubt that he would have requested that
copies be made so that he could have had them available for impeachment purposes at the time the
witness testified, and that he would have used the letters for that purpose during trial.
Additionally, at Allen's trial, the state called a jailhouse informant, Zane Smith, who testified
that Stanley Mozee, Allen's co-defendant, admitted being involved in the crime. During Smith's
testimony at Allen's trial, it was revealed that he had written a letter to the state in which he claimed
that Mozee confessed to the murder. However, the state apparently did not reveal that Smith had
written a second letter to the District Attorney immediately after the Mozee trial, but before the Allen
trial, that stated the following:
1 Dear Prosecutor, Jam writing this letter in response to the issues we discussed on the
Mozee trial. Sir I was also scheduled to go to my parole lhearing the day I was
supposed to testify, that's why I didn't get to speak to you before I came in to testify.
Mozee has been sending word by other inmates telling them I'm a snitch and also
telling me that he's got my address and that he's gonna get me. Sir I am not too
worried about those issues but what I'd like to know is -- Will you still be able to
intercede on my behalf as you said. Sir I would appreciate any efforts that you can
help me with in this matter. Please notify me if possible. Sincerely, Zane A. Smith.
P.S. I've forgotten your name.
(Letter from Smith dated Aug. 2, 2000).
1 This letter contradicts Smith's testimony at Allen's trial where he indicated that he had
already been sentenced in his own case and did not reveal that he was expecting more benefits from
the state than what had already been received.
Based on my knowledge of Jim Oatman's skills and diligence as a lawyer I am confident that
he would have used the letter from Smith to the prosecutor to make sure the jury knew that Smith
Affidavit of Stuart Parker - Page 6
was expecting assistance from the prosecutor based on his testimony at trial, and that Smith had
immediately asked the prosecutor to deliver on that expectation immediately after he testified at co-
defendant Mozee's trial.
In summary, Jim Oatman was an outstanding lawyer and I am certain that he would have
used each of these letters at the Allen trial had he been provided with them. In addition to using
these letters to impeach both Hardeman and Smith, it is also my opinion that Mr. Oatman would
have used these letters to powerful effect during his closing argument (for example, to argue more
broadly that the State's evidence and witnesses could not be trusted because at least two of its
informants had already been shown to have given false testimony about undisclosed expectations
and personal benefits).
Stuart Parker
BEFORE ME, the undersigned authority, on this day personally appeared Stuart Parker,
known to me to be the person whose name is subscribed to the foregoing instrument, and after being
duly sworn by me did state upon oath that the facts contained in said instrument are true and correct.
SUBSCRIBED AND SWORN TO before me th I #4'L- day o C LUIZ' , 2015.
LAURA MARTINEZ
MY COMMISSION EXPIRES
March 13,2019 ary Public in and for
The State of Texas
My co/
_mmis//ion_expires:
1 3 q.
Affidavit of Stuart Parker - Page 7
WRIT NOS. W99-02631-R(A) and W00-01305-FR(B)
CAUSE NOS. F99-02631-R and F00-01305-R
EX PARTE IN THE DISTRICT COURT
STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT
AND
DENNIS LEE ALLEN DALLAS COUNTY, TEXAS
EXHIBITS IN SUPPORT OF
APPLICATIONS FOR WRIT OF HABEAS CORPUS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORSON
MOZEE, and submits these Exhibits in Support of their Amended Applications for Writ
of Habeas Corpus:
Exhibit A: Portions of Clerk's File in Charles Manning
Exhibit B: Portions of Clerk's File on Alvin Degraftenreed —
co
Respe fully submitted, --o
C J)
-
GARY A. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Appearing on Behalf of the
Innocence Project of Texas
Counsel for Dennis Lee Allen
1
NINA MORRISON
INNOCENCE PROJECT, INC.
40 Worth Street, Suite 701
New York, New York 10013
212-364-5340
212-264-5341 fax
EZEKIEL T SON, JR.
Bar Card No. 24034715
THE TYSON LAW FIRM
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
214-942-9001 fax
Counsel for Stanley Orson Mozee
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing
Exhibits in Support of Applications for Writ of Habeas Corpus was delivered to Cynthia
Gari and Patricia Cummings, Assistant Dallas County District Attorneys, on this the
clay of November, 2015.
GARY A. UDASHEN
2
111111111111111111111111 FRS- in 2-QT
P72-
ORIGINAL REVOCATION
BOND S7 111
ill 1111 Appellant Attorney
(appointed/retained)
F809245 Court Reporter IS .3
54 0ii —
THE STATE OF TEXAS
Atty. for Stet _ AlrgiTA
t Li'
VS. , q4„,
F98-15085 Atty. for Defenda
OFFENSE CHARLIE JUNIOR MANNING Jud gfr
• zutzke (VISITING/MAGISTRATE)
. /MAGISTRATE)
AGGRAVATED THEFT OF PROPERTY THE VALUE OF Date MEMORANDUM OF PAPERS FILED
$1500 OR MORE BUT LESS THAN ;20,000, A STATE 467
JAIL FELONY OFFENSE AS CHARGED IN THE
INDICTMENT
ia .g . 98r eatteiL 067-1 4/)
/Pa itfr-h I. 9161 . ObOO
2 a,3.92' 1
t
NM 14 1999
INDICTMENT FILED CERTIFIED COPY OF INDICTMENT DELIVERED 3 PROB VIOL MTN MO—WARRANT ISSUED
TO THE SHERIFF TO BE SERVED ON DEFENDANT
JUL I 6 IEM
( DATE)
IN THE COUNTY JAIL ON 4 g,meri a)id_ Ait, ayseo
PROB
PROB VIOL MIN W/DRAVIN — DEFT CONT ON
199? DOATFFEEONFSE.
5
Jo 11 RM
Judgment Rendered PROB VIOL MIN FILED-O ISSUED
re 2 2 1009
V 709 0125r /26. 7 MOD %CIL. MTN, W/ORAWN—DEFT CONT ON PROB
1
VOL 47 PAGE ;5'9 . 9 . a0.01]
Q
Sentenced 19 8 vitrnadi (1.0-01
BEGINNING ON DATE OF: 9
CREDIT FOR TIME SERVED: 10
11
Attorney 12
Add ss
13
112 eived Copy of Indictment on
Dais 14
15
e")
NOTICE OF DISPOSITION -
IN CRIMINAL DISTRICT COURT 3
DALLAS COUNTY, TEXAS SEG 0005
CASE NUMBER F-9010085 DATE. 120701
OFFENSE THEFT AGGREGATE 1.500.: TIME 122612
REDUCED. CHARGE
7
TNE:STATE OF.:TEXWAPS.
DEPMANNING:.CHARLAEJUNLOk M DOB4O4229F
BNO 99107544
DISPOSED BY DISM
2
13 SENTENCE
-: APPEAL: - - - - - - - - -
6 SPECIAL CONDITION • MNT
7
He 00:000T: sEN*Fmcc..J0-.0EGI,N
ADDITIONAL CKED1T FOlk:TIMr:SER'VED
REMARKS 120701_DEFT NOT IN JAIL; JUDGMENT SET ASIDE; - - - - - - - - - - -
4
2$
26 RETURN ANY WARRANTS. 0 TRit k
CASEONLY.
27
8 JIM HAMI,IN
(7." DISTRICT CLERK A . JtFLEASE-INFORMATION.
DALLAS COUNTY, TEXAS I REMARKS - - - - - - - -
31
BY k'
17'32 GOBBOLD:D
DEPUTY CLERK
35
36
3
38
39
4
Cr 4
4
43
(--- 44
45
L
46
4
48
M
51
$2
çsa
56
CAUSE NO. F9815085J
THE STATE OF TEXAS
IN THE CRIMINAL DISTRICT COURT NO 03
VS. DALLAS COUNTY, TEXAS
CHARLIE MANNING
ORDER DISMISSING PROCEEDINGS AND
GRANTING DISCHARGE FROM COMMUNITY SUPERVISION
FOLLOWING DEFERRED ADJUDICATION
This day came on to be considered the matter of the release from
community supervision of the defendant in the above styled and numbered
cause, and the dismissal of the proceedings against the defendant. It
appearing to the Court that the adjudication of guilt was deferred and
the defendant was placed on community supervision on the 3rd day of
December , 1998 , for the felony offense of
THEFT $1500,-
AS CHARGED IN THE INDICTMENT
and it is further appearing to the Court that the period of community
supervision has expired and the Court has not proceeded to an
adjudication of guilt in this cause;
IT IS THEREFORE ORDERED that the period of supervision herein is
terminated, the defendant is discharged from 'community supervision, and
all proceedings in this cause against the defendant are hereby dismissed,
except as provided in Article 42.12 Section 5, Texas Code of Criminal
Procedure.
SIGNED this 4th day of December , 2001.
Id
JUDGE ROBERT FRANCIS
CRIMINAL DISTRICT COURT NO 03
DALLAS COUNTY, TEXAS
C 257934
dc
. NOTICE OF DISPOSITION --
IN CRIMINAL ,DISTRICT COURT 3
DALLAS COUNTY, TEXAS SEG 0009
CASE NUtIDER F 910& DtkTE-- —
OFFENSE THEFT ASS 1.500 TIME 135441
. REDUCED CHARGE
THE STATE OF TEXAS VS. .
DEF MANNING CHARLIE JUNIOR -RACE, B SEX M DOB 042259
' 'I
)
1
DISPOSED BY
z
SENTENCE
3 YRS TO STATE JAIL PROBATED APPEAL
6
51 ErTACT—CDNI7ITION ---------
7
700 .'60 FINE, $ 186.25 COST SENTENCE TO - BEGIN 000000 -
o . S
ADDITIONAL CRED T FOR TIME SERVED
3
REMARKS 092000 DEFT NOT IN JAILWROB VIOL MTN W/DRAWN DEFT TO CONTINUE ON I
BAION;RECALL WARRANT - - - - - - - -
0 ------
JIM—MrAIIL.E1
, DISTRICT CLERK RELEASE INFORMATION
DALLAS COUNTY. TEXAS I REMARKS
,
0 BY BAItlitY C
DEPUTY CLERK
,
DATE: September 20, 2
CAUSE NO.:F9815085J
THE STATE OF TEXAS Criminal District Court No 3
VS. DALLAS COUNTY, TEXAS
CHARLIE MANNING JR.
STATE'S MOTION TO . WITHDRAW ITS MOTION
TO REVOKE PROBATION OR PROCEED TO AN ADJUDICATION OF GUILT
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now the District Attorney of Dallas County, Texas, by and through the
undersigned Assistant District Attorney, and in the above cause respectfully
requests the Court to allow the State to withdraw its Motion to Revoke
Probation or Proceed to an Adjudication of Guilt.
Respectfully submitted,
BILL HILL, DISTRICT ATTORNEY
DALLAS COUNTY, EXAS
By:
Ass ant-Distric ttorney
ORDER
The foregoing State's Motion to Withdraw its Motion having been
presented to the Court, same is hereby in al things.granted, and the
Defendant is continued on probation.
Awsplomo
.7 GE, CRIMINAL DISTRICT COURT NO 3
ML#C257934 dc
TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS
BAIL STATUS: BOND
F98-15085-QJ
No
•
STATE OF TEXAS ATTORNEYS 12e2/.. OFFENSE DATE OF FILING
AGGRAVATED THEFT OF PROPERTY THE VALUE OF $1500 OR MORE
CHARLIE JUNIOR MANNING . 0 4. .
4Ac a .. BUT LESS THAN $20,000, A STATE JAIL FELONY OFFENSE AS JULY 15 1998
7 CHARGED IN THE INDICTMENT
4-.20 ,- 5 e ' r' Coil_ 44.1--6.51
,
• 1E/NMI -
DATE OF ORDER
re'WM= ORDERS OF COURT
AL 21 IN FIRST SETTINa IQ;
- 7 - ; • --.1_, 7•--2c;- 9e3-
" ,,... ill• --3 _43.
iv • 111C -
4. -
5 8- Jcv —/ —
0- I-GIs IMIIIIPANIIIIT
0- 98' 1-01-42-1:' ...;411.
c9--'-', , a. dr
■-■1 - , AP ■ 1 ■'• 40.'
• i
'AO II, tvz • - /
-3 7: 0 #4,..., 4. 6.-- j a lar fll EM I r
DEC 3 1998 ill ' WAIVED. DEFENDANT ARRAIGNED. DEFENDANT WARNED. PLEA OF
: :. :. - .e . - , •_ . ) 1
TO PROVE DEFENDANT'S GUILTY AS CHARGED IN THE INDICTMENT — Ififgg..-
,t .1 kilt,
5 , : i . . - ' ' : ,' : tt.: ■ , ., ■ II
- UnQ
MITTED ON THE -- ..- - DAY OF 0. -- 19.' % . FURTHER
L
k I
PligigUNAS ” YEARS. COURT COSTS 'OFI . . : ± g T
ri I .- '. ! ! ! - ■ ! , ■
. I I OF A FINE IN THE AMOUNT
ô
OF ,• ° 1 •
P _
. .' . .1 . THE FINE TO . 1 Ailf
— _,,.... —
D , l'H -4 .--a
PAI BY _A1_19—C
STATE OF TEXAS
—e5
vs No F- 9i5.Y5 06—
Ckart e— or- Me6101/%A.,
DATE OF ORDER ORDERS OF COURT
g
Iwo-
7 , , --.1. 0,1 c..1( „.0 , Co - c_iS. .0 e-c, .5-L.- f a, e,r- 4 A LAVAC.
•
7 7 ...... //- , cv ,C .il_
90 -4 p
- 3o - - ot) 0 5 c. 7-
• C2 ,
6 _.0 • -3-e7 Ezi -—- )1",-1-1 .V.-- 522 -f —q
, -AI& i
1, - 0 0 ,, . • , 0- CC C-
„ 4,-cro MC _ .., o
- z €f- az 2/ id L---
C
6) a /./. %& -
O _,Mr.....-. 01 a L.__
5- , e2.,
/ a 0 e_____
I PW OW-- 0 0 t (---
A-' 0C2D I -
1. . (____
6 ' (2_.3 - co ir _ . , -, ., .o
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
/4 -
THE STATE OF TEXAS
VS. { CAUSE NO.(S)
_ /fop-
C ir bc /114-At Fit
CASE INFORMATION
The Defendant in this cause is charged with the offense of
a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
at am/pm
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days In Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Aseastant Mudd Anomey attorney for Defendant Defendant
-
PhCla3 Nurrber
72-- PJ/ 2-
Phone tannbet Phone Nunitaa
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
Dania Judge
Date
FORM 98 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. { CAUSE NO.(S)
CAAfhe
CASE INFORMATION
The Defendant in this cause is charged with the offense of
a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed b agreement to:
recommend the following:
ilir 2_,L4 * 61. at anVpm
for the purpose of:
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Assistant Diana Anomey Attorney for Del Defendant
(2)6- 7 2-- /2-
hone Nurriner ‘• Phone Nurrter Phone Nurrbef
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
Meted Judge
Dee
FORM 96 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
-
0 0
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
CAUSE NO.(S)
.1"
CASE INFORMATION
The Defendant in this cause is charged with the offense of
,a degree felony. The possible punishment for this
offense is
• I
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case p9ssed by agreement to:
recommend the following: 1-66
7L1"
47 at am/pm
for the purpose of:
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Asostam District Attorney Mornay lor Del Delerelant
22 -9 J/2-
hone Number Phone Number hone Number
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
District Judge
Dale
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. { CAUSE NO.(S)
6tn.,
CASE INFORMATION
The Defendant in this cause is charged with the offense of
a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
2— ift—c at arri/pm
for the purpose of:
Years TDC Days in Dallas
County Jail S-
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Assistant District Attorney
Phone Numbs'
C2
Phone NUII*Of
—F 3/2-- Phone Number
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
District Judge
Dale
FORM 9S WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. CAUSE NO.(S)
F- 9 8-- ... ( _SG
r It Itee.:•:.5
CASE INFORMATION
The Defendant in this cause is charged with the offense of
a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
2 WI/ 4t7 at anVpm
for the purp9s9,of:
Years TDC Days in Dallas
County Jail SA1/40
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS)/ (IS NOT) waived.
Assistant Diana Attorney Attorney bar Defendant Delendant
Phone Nurnbat
(9/06 - P3/2
Phone Nurrbet Phone Nurrbel
ORDER AND FINDING
Stale (IS, IS NOT) found to have, in fact, been ready this date
Deed Judge
Dale
FORM 96 WHITE COPY — FILE. YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. { CAUSE NO.(S)
044 r/o "r7 i— ")--
CASE INFORMATION
The Defendant in this cause Is charged with the offense of
a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case paged by agreement to:
recommend the following:
at anVpm
for the purpose of:
Years TDC Days in Dallas
G J10, y,/,
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
I.
Phone Ni. Phone Nurrber Phone Nurrbet
I (er("'"A*1
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
Mulct Judge
Dale
FORM 93 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. CAUSE NO.(S)
F
CASE INFORMATION
The Defendant in this cause is charged with the offense of
a degree felony. The possible punishment for this
offense Is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
2---g/l/Aft4 at am/pm
for the purpose of: _A)
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Assistant Dhoti Anornoy
Phcee Nurrber PM,,o NuIIo, Phone Nunter
06 ;;/
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
Distdo Judge
One
FORM 98 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
71, :
-
NOTICE OF DISPOSITION
IN CRIMINALDISTRICT COURT
DALLASCOUNTY EXAS'"
CASE NUMBER F-9815085 DATE 010400,
AI
FFENS E THEFT :AGG 1.,500 TIM 16ZO32
REDUCED CHARGE
THE STATE OF TEXAS VS.
DEF MANNING CHARLIE JUNIOR RACE B SEX . M DOB 042259
BNO 99107544
DISPOSEDErt
SENTENCE 1 ,
3 YRS TO STATE JAIL PROBATED
SPECIAL CONDITION !LA".
n20
21
• 22 700.00 FINE $ 186.25 COST SENTENCE TO BEGIN 000000
23 ADDITIONAL CREDIT FOR TIME SERVED
'REMARKS 010499 DEFT IN JAIL;$10,905' : PR . BOND POSTED PER.JUDGEFRANCTSMOPT,'
:atiN
g
.SENT TO BOND DESk -
;:r1
29
W
JIM HAMLIN
31
DISTRICT CLERK RELE A S E INFORMATTON
'2 DALLAS COUNTY, TEXAS REMARKS THIS:,011SE,:..0.tiLY.,A
4
1 C
3 BY BAILEY C
1-7'
35 DEPUTY CLERK
:77
17
7.3 •
•
DEFENDANT'S PERSONAL DATA
a-4-1,x
Defendant's full name:
Aliases or nickname:
Home address:
7 0p,4 ,1
.
A 4 144 4 For .................... years
. For
Previous address: .............................................................................................................................. years
6449) 224 .....7 13,,!?: ....................................................................
Phone: - "/ Birthdate: tfi .•
3a
Birthpl c e: , 44,4 Education (yrs.).........,.... iClo r..1. 713 ... 10
Ht: " Wt: / 61J 1 Eyes : P r•-• .1-l ai'r% `` eiii
.... If unemployed, how long: ...............................................................................
Set'
Res. Dallas Co. (yrs) ........................
Name of present employer: .......................... His address: .............................................................
Phone: ................................... Typ 4.,,iv '1 7;..- *
Name or supervisor: .................................................................................. Employed since: .............................................
Approx. TOTAL earnings past twelve months (after deductions): $ ...................................................................................
Name of former employer ............................................................. His address: .................................................................
Phone: ........................... TylWor-w&ik:---- —
Name of supervisor . Employed from .................... to .................
Reason for leaving: ...................................................................................................................................................................
Marital status (circle) S M W D Sep. ALL minor children (No.) ..............................................
Spouse: ................................................................................. Address: .................................................................................
Church & Pastor ................................................................................. Address: .....
Home: Rent? ............... .........,Own? Monthly 7nt, or payments: $
Military service (circl A F M N CG From 7? to
Type discharge: 4- 0,{14 - Pension •r•-1-- Amt; $ .............................................
Auto: Make ................................................................... Body type ....................................... Model .............................
Auto license No ...................................................................... Texas or .......................................................... Oper. Comm.
Chauf. Driver's license No. ........................................................................................ Expires
Social Security No. '2) —S-73,3
I
Three Dallas Cki nt yLR9 idgits who will ALWAYS know your whereabouts:
I
h ef c_cw: e Address A.4.0/A i',.. 4 I, - r A /f..,
1. •Name
Phone .Cz) '9 Y f- -/ff ) Relationship .........................................................................
1/q414, 1 e(jf i f e
2. Name / Address it
• Phone ........................................................................... Relationship
3. Name Address
Phone ................................................... Relationship
How many times have you been arrested before? .................................................................................................................
Have you ever been convicted of an offense other than a traffic ticket? .........................................................................
Describe time, place and nature of offense: ......... `` ............. •
Have you ever been on probation? "14. Offense ..............................................................................
1
Officer Ms C44 Lur- Address ................................................................... Revoked? ........................
Discuss
Have you ever been on parole? ............................................... Offense ...............................................................................
Officer .................................................... Address ................................................................... Revoked? ........................
Discuss .......................................................................................................................................................................................
Have you ever been on bond? ................ How many times? ........................... Charges ................................................
............................................................................................... Name of bondsman ...............................................................
Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli-
cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and
understand that any false statement made herein may be grounds for th urt to withhold or withdraw my personal
bond at any time. I agree to allow the Court to contact any of the have listed above to verify the inform-
ation furnished by,me.
Date: ......................................................
' Defendant:5 Signature
FORM 3664
APPEARANCE BOND (AFTER INDICTMEMP-FELONY-PERSONAL BOND)
• THE STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS:
THAT 1, C r/'e-
-1-1
as principal, and being the defendant in the charge referred to herein, am Iffld and firmly bound unto THE STATE
.7A 1" 44 04
4)t1-e-' .4.CP 114 ($
ie.
OF TEXAS in the penal sum of DOLLARS, payable to said
State, and for the payment of which sum, well and truly to be made,'I do bind myself, my heirs, executors, and admin-
istrators, jointly and severally by these presents; and in addition thereto, I am bound for the payment of all necessary
and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the
event I fail to appear before the court or courts provided for herein at the time stated herein; the amount of such ex-
pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and
truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally by these
presents; this bond shall be valid and binding upon me as principal, for my personal appearance before the court desig-
nated herein and before any court in which this cause may hereafter be pending at any time when, and place where,
my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for
any and all subsequent court proceedings had relative to the hereinafter described charge.
CONDITIONED, that, whereas, I as principal, now in legal custody of the Sheriff of Dallas County, Texas,
-0-3
charged in due form of the law in the Judicial District Court of Della; ft.
Co...unt
4.,.y.7
, Texas, in Cause
No.r1S- -tra /1.5- 1-,c,,--/fe
, and styled the State of Texas vs.
with a felony offense, and who by the order of the judge of said court has been required to give y personal bond in
the sum set out above, conditioned for my personal appearance before said last named court on the ............. day of
//..... ,2-esvac-...............
lac.- 90
A.D. /.11 , at ................... o'clock 4
M., or upon notice by the court, and
any other court provided for herein, to answer the said above described charge now pending against me and for any and
all subsequent proceedings had relative to the charge. Now, If I as principal shall make my personal appearance as
.?
provided for herein before said Judicial District Court of Dallas County, Texas, in the Courthouse in
the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis-
charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro-
vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other
court to which said cause may be transferred, at any time when, and place where, my presence may be required under
the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and
term to term of any such courts in which or before whomever said charge is pending, for any and all subsequent pro-
ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void,
OTHERWISE to be and remain in full force and effect.
WITNESS my hand this day of
Signature of Defendant as Principal
3
e22
9
1.
0
"
4 ca 4 r ifre
' I; Address of Defendant as Principal herein
Melilla
fr ...........................
Name of Employer or Business
714
Place of Employment (Street Address)
"I swear that I will appear before the ............................. Judicial District Court of Dallas,County, Texas at the
'
Courthouse in the City of Dallas, in Dallas County, Texas, on the ....
17
" .of ......... a-'qft-
day .
.
20420.
A.D. I4..... , at .................. o'clock .... M., or upon 'notice by the Court, or pay the court the principal sum of
......................................... ts 0/. o 41
or )' DOLLARS,
- plus reasonable expenses Incurred in
any arrest for failure to appear.',
t-De
SWORN to and 'bed by ........................... ................. before me, on this
•
day of
1:90
JIM HAMLIN, Clerk of Judicial District
.By.. ••I Deputy
\
The foregoing bond taken and approved by me this •• ...... ai>06
Judge,C udicial District Court
of 'Dallas County, Texas
fl
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. CAUSE NO.(S)
x./ 4,1 7
r- k
CASE INFORMATION
The Defendant in this cause is charged with the offense of
,a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
FeI 24'" 6r at am/pm
for the purpose of:
Years TDC Days in Dallas
County Jail
tva-
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Aesietant Dieted Artomey Attorney for Defendant Defendant
t h e Nurrber Phone Number Phone Number
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
Dien ict Judge
Do
FORM 95 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
\A\ et471,fi,a(it2T
( .1 0 1,00g
CAUSE NO.
F9815085J F
THE STATE OF TEXAS cAPIAS ISSUED
) This th aayof December A.D.1999
VS. 089499 ) Honorable ROBERT FRANCIS
) Judge, Criminal District Court No 3
CHARLIE MANNING, JR
Of-r- 06-22--9g
Defendant DSO #: 0765572 AT LARGE
XX IN CUSTODY
DATE OF BIRTH: 04/22/ 59 LAST KNOWN ADDRESS:
RACE: B SEX: MALE 300B AUGUST DR 4.-
HAIR: BLK EYES: BRO. DENTON X 76 07
HT: 5'10" WT: 175 lbs. DATE La -1 3 -
DEPUTY
Offense: AGO THEFT OF PROPERTY
To any Sheriff or any Constable of the State of Texas: 1IO222t(1 %g
YOU ARE HEREBY COMMANDED to take the body of CHARLIE MANNING. JR
who has been charged by indictment for a felony offense and placed on probation,
and him safely keep so that you have him before the Honorable Criminal District
Court No 3 of Dallas County, Texas at Courthouse, thereof in the City of
Dallas, instanter, then and there to THE STATE OF TEXAS against the said
,CHARLIE MANNING. JR for violation of the- Conditions of
probation in Cause No
F9815085J F
State of Texas vs. CHARLIE MANNING, JR
HEREIN PAIL NOT, but have you then and there this Wr:i howing how
you have executed the same.
Given under my off Aal seal of Said Court of Dallas County, Texas,
this th day of December A.D. 1999
ATTEST UM EigDATE
J411 11,01,1, Dist ct Clerk WAMOSI
Dail s • Y. t- as
AMINUILMI
By I
il
-m- -7-
eputy
k
- • ••
vzsmicalual
MOM=
NCIC MEM
SHERIFF'S
MIME=
Came to hand this day of
INN
0?C
RETURNED on this ..
) :P" day of " 1/ ' Er , A.D. 19
Mileage $ JIM BOWLES
ap0 BOWLES, Dallas County
SheRiii ff
Fees
Total By rim UAL-11.-r14/. 0. / Deputy
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. { CAUSE NO.(S)
9T-
C F li--- 16---
CASE INFORMATION
The Defendant in this cause is charged with the offense of
,a degree felony. The possible punishment for this
offense Is
PLEA BARGAIN DATA CON71NUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
6A
t -- 2■ 7a
at am/pm
for the purpose of:
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Flne The appearance of the Defendant at the next setting
(IS)! (IS NOT) waived.
Assisttnt Mulct Attorney
r-v 227 : ' --r-7347
Phone,Nurrber Phone Number
ORDER AND FINDING
Stale (IS/ IS NOT) found to have, in fact, been ready this date
Okddct Judge
Don
FORM 96 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT
IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. CAUSE NO(S)
C4orh, odonggen •Irs
,
CASE INFORMATION
The Defendant in this cause is charged with the offense of
,a degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
at anVpm
for the purpose of:
Years TDC Days in Dallas
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
Fine The appearance of the Defendant at the next setting
(IS) / (IS NOT) waived.
Assistant District Attorney Morey of Defendant Defendant
Phone Nurrbet rep,,&-rw7 Vhone Number
ORDER AND FINDING
Slate (IS / IS NOT) found to have, in fact, been ready this date
District P.Oge
Doe
Cr1111.1 OR WHITE COPY — FILE. YELLOW COPY — DISTRICT ATTORNEY. PINK COPY — DEF. ATTORNEY/DEFENDANT
No. F9815085J
THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO 3
VS. DALLAS COUNTY, TEXAS
man MINIM JR
MOTION TO REVOKE PROBATION OR PROCEED WITH AN ADJUDICATION OF GUILT
COMES NOW the State of Texas by and through her Criminal District Attorney
and would show the Court the following:
That CHARLIE MANNING. JR , Defendant was duly and legally placed on
Probation in the above entitled and numbered cause in the Criminal District
Court No 3 of Dallas County, Texas, on the 3rd day of December , 1998,
A.D. of the offense of
AGGRAVATED THEFT OF PROPERTY, AS CHARGED IN THE INDICTMENT
That Defendant has violated the following conditions (b.d.1.1.m, & n) of
said probation in that
(SEE ATTACHED)
This violation occurred after December 3. 1998 and during . the term of
probation.
WHEREFORE, the State prays that said Defendant be cited to appear before this
Honorable Court and show cause why his probation should not be 'revoked; and
that upon a final hearing, the probation heretofore granted said Defendant be
revoked.
This the 22nd day of December , A.D. 1999.
BIL llas County, Texas
ASS T DIST ICT ATTORNEY
A 13 this ',ion was deliVered to the Deend.ant on the 3?) day of
, A. D. 19
CS) 0\4\11\6•Q/K0
COMMUNITY SUPERVISION OFFICER
I received a copy of this motion o day of 02aidadDA.D. 1999.
De endant M14257934.030
********************** COMMUNITY SUPERVISION OFFICER
• FILED
• JIM HAMLIN
* . DISTRICT CLERK *
* DALLAS CO., TEXAS *
DEPUTY
****************w*****
tc/mb
79815085J
p
ecember 22. 1999
THE STATE OF TEXAS Criminal District Court No 3
VS. DALLAS COUNTY, TEXAS
CHARLIE MANNING. JR
(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics,
dangerous drugs, inhalants or prescription medication without first
obtaining a prescription for said substances from a licensed physician;
to include alcohol as a prohibited substance.
( CHARLIE MANNING, JR submitted urinalysis on July 27, 1999 which
tested positive for Cocaine).
(d) Obey all the rules and regulations of the probation department, and
report to the Probation Officer as.directed by the Judge or Probation
Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY
(CHARLIE MANNING, JR failed to.report to the probation officer as
directed for the months of February through June and November 1999).
(j) Pay a probation fee of $40.00 per month to the Probation Officer of
this Court on or before the first day of each Month hereafter during
probation;
(CHARLIE MANNING, JR did not pay probation fees as directed and is
currently delinquent $440.00 ).
(1) Defendant will perform 120 hours of Community Service Restitution
enroll and cOmmence said CSR on/or before January 1. 1999 . , and
complete a minimum of 10 hours per month until completion fo CSR on or
before Januar y 31. 2000 . Perform CSR hours at an approved community
service project designated by the CSCD. A processing fee of $50..00
payable. to the Volunteer Center will/will not be required for referrals
through the Volunteer Center.
(CHARLIE MANNING, JR did not begin community service hours as directed).
(m) Make restitution in the amount of $600.00 for the loss sustained by
the injured party. Payments are to be paid through the probation
officer of this court at the rate of $25.00 per month. First payment
is due on or before January 1. 1999 and a like payment is due on or
before the first day of each month thereafter until paid in full.
(CHARLIE MANNING, JR failed to pay restitution as directed and is
currently $275.00 ).
(n) Reimburse Dallas County, Texas, in the amount of $886.25 for the
services of a Court-appointed Attorney and fine and/or court cost.
Payments are to be paid through the probation officer of this court at
the rate of $50.00 per month. First payment is due on or before
Januar y 1, 1999 and. a like payment is due on or before the first day
of each month thereafter until paid in full.
(CHARLIE MANNING, JR did not pay court-appointed attorney and fine
and/or court costs as directed and is currently delinquent $550.00 ).
,
. CAPIAS
PROBATION VIOLATION
CAUSE NO.
F9815085J F
THE STATE OF TEXAS CAPIAS ISSUED
) This ay of December A.D.1999
VS. ) Honora'ble ROBERT FRANCIS
) Judge, Criminal District Court No 3
CHARLIE MANNING. JR
Defendant DSO #: 0765572 XX AT LARGE IN CUSTODY
DATE OF BIRTH: 04/221 59 'AST KNOWN ADDRESS
RACE: R_ SEX: MALE 300B AUGUST DR
HAIR: DLit' EVES: PRO DENTON. TX 7 6 20 7
HT: 5'10" WT: 175 lbs.
Offense: AGO THEFT OF PROPERTY
To any Sheriff or any Constable of the State of Texas:
y
olvAwmankm COMMANDED to taketheboody.Of CHARLIE MANNING. JR'
who has been charged by indictment for afelony offense and 131 aced on probation,
and him safely keep so that ypubav bim:before'the Honorable CriMinal,District
:
Court No 3 Of Dallas County, Texas t the COurthoUse thereof in g the City'of%
Dallas, instanter, then and there to answer THE STATE OF TEXAS a ainst the said .-
CHARLIE -MANNING. JR - for. violation of the bondttdOoe-of
probation dn-POOEW.NO.: ,
F9S156853 FC
State of Texas vs. CHARLIE MANNING, JR
HEREIN FAIL NOT, but have you then and there this-Writ, showing how
you have executed the same.
Given under my of fic al seal of said Court of Dallas County-V.V448
this j
i day , of December A.D. 1999.
' • '
4110,/
Crimina Dis tt No 3
D llas County, Texas
_
Came to hand this day of , A.D. 19
RETURNED on this Adayr,Of A.D. 19
. --
mileao JIM4OkES
Sheriff JIWBOWLES, 'Dallas County
Fees
Total By Deputy
NO. F9815085J
THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO 3
VS. DALLAS COUNTY, TEXAS
g
idAZILIMIIABMING. JR
MOTION TO REVOKE PROBATION OR PROCEED WITH AN ADJUDICATION OF GUILT
COMES NOW the State of Texas by and through her Criminal District Attorney
and would show the Court the following:
That CHARLIE MANNING a_, Defendant was duly and legally placed on
probation in the above entitled and numbered cause in the Criminal District
Court No 3 of Dallas County,. Texas, on the d of racember , 1998,
A.D. of the offense of
AGGRAVATED THEFT OF PROPERTY, AS CHARGED IN THE INDICTMENT
That Defendant has violated the following conditions (b.d.1,1.m. 4 n)
said probation in that
(SEE ATTACHED)
This violation occurred after _pecember 3. 199a_ and during the term of
probation.
WHEREFORE, the State prays that said Defendant be cited to appear before this
Honorabre Court and show cause why his probation should not be revoked; and
that upon a final hearing, the probation heretofore granted said Defendant be
revoked.
This the p2nd day of December., A.D. 1999. .
Biltp IILL, D.st c las County, Texas
BY
'N. A..S.A:571ATBIITRICT:ATTORNEY
A copy of this motion was delivered to the Defendant:On the day of
A.D. 19 *:
commuNITY SUPERVISION OFFICER
I received a copy of this motion on the day of A.D. 1999.
Defendant , ML#257934.030
********************** COMMUNITY SUPERVISION OFFICER
• FILED
• JIM HAMLIN
• DISTRICT CLERK
* DALLAS CO., TEXAS
DEPUTY
**********************
tc/mb
F9815005J
December 22. 1929
THE STATE OF TEXAS Criminal District Court No 3
VS. DALLAS COUNTY, TEXAS
CHARLIE MANNING. JR
(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics,
dangerous drugs, inhalants or prescription medication without first
obtaining a prescription for said substances from a licensed physician;
to include alcohol as a prohibited substance.
(CHARLIE MANNING, JR submitted urinalysis on July 27, 1999 which
- tested positive for Cocaine).
(d) Obey all the rules and regulations of the probation department, and
report to the Probation Officer as directed by the Judge or Probation
Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY
(CHARLIE MANNING, JR failed to report to the probation officer as
directed for the months of February through June and November 1999).
(j) Pay a probation fee of 14A,00 per month to the Probation Officer of
this Court on or before the first day of each month hereafter during
probation;
(CHARLIE MANNING, JR did not pay probation fees as directed and is
currently delinquent $440.00 ).
(1), Defendant will perform jag_ hours of Community Service Restitution
enroll and commence said cSR on/or before Januar y 1. 1999 , and
complete a minimum of 10 hours per month until completion fo CSR on or
before January 31. 2000 . Perform CSR hours at an approved community
service project designated by the CSCD. A processing fee of $50.00
payable to the Volunteer Center will/will not be required for referrals
through the Volunteer Center.
(CHARLIE MANNING, JR did not begin community service hours as directed).
(m) Make restitution in the amount of $600.00 for the loss sustained by
the injured party. Payments are to be paid through the probation
officer of this court at the rate of $25.00 per month. First payment
is due on or before January 1, 1999 and a like payment is due on or
before the first day of each month thereafter until paid in full.
( CHARLIE MANNING, JR failed to pay restitution as directed and is
currently $275.00 ).
(n) , Reimburse Dallas County, Texas, in the amount of $166.25 for the
, services of a Court-appointed Attorney and fine and/or court cost. ..
Payments are to be paid through the probation officer of this court at
the rate of $50.00 per month. First payment is due on or before
January 1. 1929 and a like payment is due on or before the first day
of each month thereafter until paid in full.
(CHARLIE MANNING, JR did not pay court-appointed attorney and fine
and/or court costs as directed and is currently delinquent $550.00 ).
'----- NOTICE OF DISPOSITION
IN CRIMINAL DISTRICT COUR(' 2
DALLAS COUNTY, TEXAS SEG 0004
L 6
CASE NUMEIER F-9015003 DATE 101899
OFFENSE THEFT AGG 1,500 TIME 150915
5 REDUCED CHARGE
THE STATE OF TEXAS VS. -
DEF MANNING CHARLIE JUNIOR RACE 8 SEX-M . 00B 04.2259.
BMO 9.8062347
DISPOSED BY
SENTENCE
3 YRS TO STATE JAIL PROBATED ' APPEAL
SPECIAL CONDITION 7 MNT
700.00 FINE . 8 ,.:, - 186.25 COST SENTENCE TO BEGIN 000000
ADDITIONAL CREDIT FOR TIME SERVED
REMARKS 101099 DEFT NOT IN JAIL; PKOB VIOL MTN HIT HDFA'T N DUI F' TNT ON PROt
23
24
2 RETURN ANY WARRANTS ON THIS CASE ONLY - , - ..
JIM HAMLIN
DISTRICT CLERK RELEASE INFORMATION
2 DALLAS COUNTY y TEXAS I REMARKS
3 1
3 ev KELLEY D I
DEPUTY CLE
R K'
1
_
DATE: October 18, 19,.,
CAUSE NO.:F98 -15085J
THE STATE OF TEXAS Criminal District Court No 3
VS. DALLAS COUNTY, TEXAS
Charlie Junior Mannina
STATE'S MOTION TO WITHDRAW ITSMOTION
TO REVOKE PROBATION OR PROCEED TO AN ADJUDICATION OF GUILT
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now the District Attorney of Dallas County, Texas, by and through the
undersigned Assistant District Attorney, and in the above cause respectfully
requests the Court to allow the State to withdraw its Motion to Revoke .
Probation or Proceed to an Adjudication of Guilt.
Respectfully submitted,
BILL HILL DISTRICT ATTO
DALLA XA
- nt Dist ct Attorney
ORDER
The foregoing State's Motion to Withdraw its Motion having been
presented to the Court, same is hereby in all things granted, and the
Defendant is continued on probation.
624/
JUDGE, CRT INAL DISTRICT COURT NO 3
ML#257934
BAIL BOND
THE S. .CE OF TEXAS COUNTY OF DALLAS
VS
RACE; SEX; ft\ Dolir
- - - == -
MISDEMEANOR FELONY
JUDGE • BNO
g
DATE 7- .2 -
9 CASE
KNOW ALL MEN BY THESE PRESENTS: THAT WE,
UNDERSIGNED SUPERIOR BONDING
e4,97E.0,-..
I
PRINCIPAL,AND
,AS SURETY,ARE HELD FIRMLY BOUND UNTO THE STATE OF
TEXAS IN THE PENAL SUM OF 44.,..c.,//1",( DOLLARS ($ ../,..M,CriAND IN ADDITION
THERETO, WE ARE BOUND FOR THE PAYMENT OF ALL FEES AND EXPENSES THAT MAY BE INCURRED BY
ANY PEACE OFFICER IN REARRESTING THE SAID PRINCIPAL IN THE EVENT ANY OF THE STATED
CONDITIONS OF THIS BOND ARE VIOLATED FOR THE PAYMENT OF WHICH SUM OR SUMS WILL AND
TRULY TO BE MADE, WE DO BIND OURSELVES,AND EACH OF US, OUR HEIRS, EXECUTORS, AND
ADMINISTRATORS, JOINTLY AND SEVERALLY. THE CONDITE4 OF THIS BOND IS THAT THE
DEFENDANT HAS BEEN CHARGED WITH sp/i/ 49,4 AND TO SECURE HIS RELEASE
FROM CUSTODY IS ENTERING INTO THI 0 LIGATION BINDING HIM TO MAKE A PERSONAL APPEARANCE
(INSTANTER) BEFORE COURT TO WHICH THE SAME MAY BE TRANSFERRED AND BASED ON SAID CHARGE.
HABEAS CORPUS WITH WRIT-THAT IS SAID PRINCIPAL SHALL WELL AND TRULY APPEAR IN THE
COURT OF DALLAS,TEXAS, AM.,ON THE DAY OF , A,D.19
IN THE COURTROOM OF SAID COURT,IN THE COURTHOUSE IN THE CITY OF DALLAS,DALLAS COUNTY,
TEXAS PURSUANT TO THE ORDER OF THE JUDGE THIS DAY MADE,GRANTING A WRIT OF HABEAS CORPUS
ON APPLICATION OF SAID PRINCIPAL,IT HAVING BEEN CALLED TO HIS ATTENTION THAT SAID
PRINCIPAL IS RESTRAINED OF HIS LIBERTY BY A PEACE OFFICER OF DALLAS COUNTY,TEXAS,UNDER
ACCUSATION OF SAID CHARGE AGAINST THE LAWS OF THE STATE OF TEXAS,SAID WRIT BEING
DEPART THERE FROM WITHOUT LEAVE OF SAID COURT,PENDING EXAMINATION OF AND HEARING OF
SAID WRIT,INORDER TO ABIDE FINAL DETERMINATION THEREOF BY SAID COURT.
I, VICTOR F. MONTOYA ,00 SWEAR THAT I AM WORTH AT LEAST THE SUM OF 0 00
DOLLARS,AFTER DEDUCTING FROM MY PROPERTY ALL THAT WHICH IS EXEMPT BY THE CONSTITUTION
AND LAWS OF THE STATE FROM FORCED SALE,AND AFTER PAYMENT OF ALL BY DEBTS, WHETHER
INDIVIDUAL OR SECURITY DEBTS, AND AFTER SATISFYING ALL ENCUMBRANCES UPON MY PROPERTY
WHICH ARE KNOWN TO ME, AND THAT I RESIDE IN DAT LAS COUNTY AND HAVE PROPERTY
IN THIS STATE LIABLE TO EXECUTION WORTH SAID AMOUNT,OR MORE,AND THAT I PERSONALLY SIGNED
MY NAME AS SURETY TO THIS BOND. I FURTHER SWEAR THAT THERE ARE NO OUTSTANDING JUDGEMENTS
IN DALLAS COUNTY TEXAS,OR ELSEWHERE AGAINST THE AFFIANT AND THAT THE AFFIANT MAKES THIS
STATEMENT FOR THE EXPRESS PURPOSE OF INDUCING THE APPROVAL AND ACCEPTANCE OF SAID BOND
WITH HIMSELF AS A SURETY THEREON, WELL KNOWING, BELIEVING AND INTENDING THAT THE MAKING
OF THIS STATEMENT WILL INDUCE THE OFFICIAL CHARGED WITH THE DUTY OF ACCEPTING AND
APPROpf SAID ;OND TO ACCEPT AND APPROVE THE SAME, AND THAT ALL STATEMENTS HEREIN
AwiEtu ELP ME GOD.
3000 A0,9 ...316 Da..
CI FIANT-SURETY
,4413
ADDRESS ADDRESS 230 S. INDUSTRIAL BLVD.
4 6J -
CITY Deis-1 0 ST 7.7k ZIP 74 09 CITY DALLAS ST TEXAS ZIP 75207
PHONE' PO— / 007 PHONE (214) 747-1166
SWORN TO AND SUBSCRIBED BEFORE ME, ON
JAI ER A NCY
THIS THE DAY OF ,19 eiPc7
TAKEN AND APPROVED BY ME THIS
2c DAY
P Li 19 1'6.
JIM BO ,SHERIFF DALLAS COUNTY NOT øLIC I ND FOR DA LAS CO.TE!
BY I DEPUTY
BONDSMAN ACCOUNT II 645 5-23-1v
Tt-YA6if 06
NO BOND: BOLID—ArialtIT $ !SDD
pc(e_ s-s.G 6
CAUSE NO. F9R-150R5J
4-5
CAUSE NO. F _1331113 2
THE STATE OF TEXAS CAPTAS TBSUED
This JA da y of MAY A.D. 1999
Honorable RC:BF:CT FPANCJS
Judge, Criminal District Court NO.3
eldARLIE_LIIINIOR_MANNIAG____ )
Defendant DSO #: 0765572 °234113‘
DATE OF BIRTH:ILI/22/52 LAST KNOWN ADDRESS: At Large
RACE: B MALE _ FEMALE 1311E_WIX2IN-dgaT_AYEIDE____
HAIR: BLAUZ_ EYES: BROWN GALLNI,L2EXASL252013
HT: 5'10" WT: 175 lbs.
Offense! ZEIZELT.ROPERDajmairm
To any Sheriff or any Constable of the State . of Texas:
YOU ARE HEREBY COMMANDED to take the body of
CJIARLIE_ABINIQR_MANNING__ _ who has been charged by indictment for a
felony offense and placed on probation, and him safely keeP cJ o that you
have him before the Honorable ROBEET_FRANCIE, Criminal District Ct.No.3 -
Dallas County. Texas at the Courthouse, thereof in the City of Dallas,
instanter, then and there to answer THE STATE OF TEXAS against the said
CHARLIE_,TiM,Mii_MA for violation of the conditions of
prohation in Cause No. F96-15085J
CAUSE NO. F
State of Texas vs. MARTJES JUNIOR MANNING
HEREIN FAIL NOT, but have you then and there this Writ, showing how
you have executed the same.
Given under my official seal of said Court of Dallas County, Texas,
this day of _RAY _ A D 1q99
, ATTEST –—
-Bifl Lo District Clerk Judge, RQEERTF2Akl_ej,a_________
Da as District Court No.3 Dallas County, Texas
Depu
IMMINEIEN el.
Came to hand this
2HERIEEL9--RETURNI
day of Atry r
/D• Wirifi Ka
girRINWPAI
02. MINIM
.101,,.....
namaummomm
Tor
,
n...tc
wows ir--
/IT v.
RETURNED on this _262_ day of L.
A
ii, • '
Mileage
Fees Sherif County
Total By
CONDITIONS OF BOND
THE STATE OF TEXAS INkTHE CRIMINAL DISTRICT COURT NO.3
DALLAS COUNTY, TEXAS
VS.
Oharlie MAnnina Jr
CAUSE NO. F9S-15085J
It is the order of the Court that you comply with the following Conditions of
Bond:
(a) Report to the Dallas County Community Supervision and Corrections
Department as directed by the Judge, to-wit: WEEKLY beginning 7/27/99
at 10:30
(o) Submit a urine sample on demand to the supervision officer of this court
to determine the use of controlled substances.
Witness our Signatures this 22 day of July 1999
Defendant
C- 257934
A4 143b1M%
. 51Upervision Officer
TOIPLIL9
PROBATIQN VIOLATTog
‘BONO-AMOUNT $
CAUSE NO. F98-15085.1
CAUSE NO. F
THE STATE OF TEXAS ZARIAS_ISSURED
) This J.L. day of MAY A.D. 1999
VS. ) Honorable ROBERT FRANCIS
) Judge, Criminal District Court NO.3
CHARLTE annum ammarran
Defendant DSO 1: 0785572
DATE OF BIRTH: 114/22/52 LAST KNOWN ADDRESS: At-Laxon
RACE: B 11 MALE _ FEMALE sononumg ARMOR
HAIR: BLACK_ EYES: BROWN DALLAs, writs 75208
HT: slue! WT: 125 lbs.
Offense: IHEEr--11QEZETY-AGOZ115a0
2
To any Sheriff or any Constable of the State of Texas:
YOU ARE HEREBY COMMANDED to take the body of
CHARLTE MANNINO who has been charged by indictment for a
felony offense and placed on probation and him safely keep so that your
have him before the Honorable ROMPRT vAANCTS, Criminal District Ct.No..3
Dallas County, Texas at the Courthouse, thereof in the City of Dallas,
instanter, then and there to answer THE. STATE OF TEXAS against the said
CRART,TX JUNTOR MANNING for violation of the conditions of
prdbation in Cause NO. Foes - isnan.1
CAUSE NO. F
State of Texas vs. CRARLTAR aftwoR mmairwo
HEREIN FAIL NOT, but have you than and there this Writ, showing how
you have executed the same.
Given under my official seal of said Court of Dallas County, Texas,.
this J.1_ day of A.D. 1999..
441 a
7:'neD141 .
"
4,
,
District Clerk Judgei,,BORXR,
Texas District Court m...3.
a Dallas County, Texas
'FRANCIS
••
[11:7
gRWRTFIV I R lommi
C
airie!•;t . hand this
0: day of , A.D. 19
RETURNED on this day of , A.D. 19
Mileage $
Fees $ Sheriff J. BOWLES County
Total $ By Deputy
NO. F98-15085-J *
THE STATE OF TEXAS CRIMINAL DISTRI,_ COURT NO.3
V S. DALLAS COUNTY, TEXAS
CHARLIE JUNIOR MANNING APRIL TERM 1999
NOTION TO PROCEED WITH AN ADJUDICATION OF GUILT
COMES NOW the State of Texas by and through her Criminal District Attorney and
would show the Court the following:
That CHART-TR MANNING , defendant was duly and legally placed on probation for
a period of a years in the above entitled and numbered cause in Criminal
District Court No. 3 of Dallas County, Texas, on the 3 of mgcsman_,
192B, for the offense of:
THEFT/PROPERTY/AGO/$1,500
AS INCLUDED IN THE INDICTMENT
That the Defendant has violated the following conditions 00.1.m.n
of said probation in that
(SEE ATTACHED)
This violation occurred after 12-3-W1 and during the term of probation.
Wherefore, the State prays that said Defendant be cited to appear before this
Honorable Court and show cause why the Court should not proceed with an
adjudication of guilt on the original charge.
This the -1.1.---day of MAY ------A D 1999.
THE STATE OF TEXAS BILL HILL, Distri t A Dallas County Texas
OPPOSES BOND BY:
ASSVSTANT DfggCT
lr ATTORNEY
A copy of this motion was delivered to the e/fendant on the day of
, A.D. 1999
COMMUNITY SUPERVISION OFFICER
I received a copy of this motion on the day of
A.D. 1999.
Defendant ML#257934 Pro03.010
**********************
• FILED
* *
* JIM HAMLIN *
* DISTRICVCLERK *
* DALLAS N, TEXAS *
* *
* *
* - DEPUMY *
**********************
rf/WL
NC. F98-15085-J
Deferred Motion
THE SPATE TEXAS CRIMINAL DISTRICT COURT NO. 3
VS. DALLAS COUNTY, TEXAS
CHARLIE'JUNi& MANNING APRIL TERM 1999
(d) OBEY ALL THE RULES AND REGULATIONS OF THE PROBATION
DEPARTMENT, AND REPORT TO THE PROBATION OFFICER AS
DIRECTED BY THE JUDGE OR PROBATION OFFICER; TO-WIT:MONTHLY
(CHARLIE J. MANNING did not report to the probation officer as
directed for the months of February, March, April 1999.)
(3) PAY A PROBATION FEE OF $40,00 PER MONTH TO THE PROBATION
OFFICER OF THIS COURT ON/OR BEFORE THE FIRST DAY OF EACH MONTH
HEREAFTER DURING PROBATION.
(CHARLIE J. MANNING did not pay probation fees as directed and is
currently delinquent $190-00 )
(1) DEFENDANT WILL PERFORM 1 20 HOURS OF COMMUNITY SERVICE
RESTITUTION ENROLL AND COMMENCE SAID CSR - ON/OR BEFORE
1-1-99 AND COMPLETE A miNaMum OF 10 HOURS PER MONTH UNTIL
COMPLETION OF CSR ON/OR BEFORE 1=31--. 200G. PERFORM
CSR HOURS AT AN APPROVED COMMUNITY SERVICE PROJECT DESIGNATED
BY THE CSCD. A PROCESSING FEE OF $50.00 PAYABLE TO THE
VOLUNTEER CENTER WILL/WILL NOT BE REQUIRED FOR REFERRALS
THROUGH THE VOLUNTEER CENTER.
(CHARLIE J. MANNING has failed to perform 12011OurO.dVCommunity
Service Restitution hours at 10 hours per month. Probationer
has failed to begin his Community Service Restitution hours.)
(m) MAKE RESTITUTION IN THE AMOUNT OF $500 00 FOR THE LOSS
SUSTAINED BY THE INJURED PARTY. PAYMENTS ARE TO BE PAID
THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF
$25.00 PER MONTH. FIRST PAYMENT IS DUE ON OR BEFORE
1-1-99 AND A LIKE PAYMENT IS DUE ON/OR BEFORE THE FIRST
DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL.
(CHARLIE J. MANNING did not pay restitution payments as directed
and is currently delinquent $75.00 )
(n) REIMBURSE DALLAS COUNTY, TEXAS, IN THE AMOUNT OF $RAA.2
FOR THE SERVICES OF A COURT-APPOINTED ATTORNEY AND FINE AND/OR
COURT COST. PAYMENTS ARE TO BE PAID THROUGH THE PROBATION
OFFICER OF THIS COURT AT THE RATE OF $50.00 PER MONTH.
FIRST PAYMENT IS DUE ON OR BEFORE 1-1-99 AND A LIKE PAYMENT
IS DUE ON OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER
UNTIL PAID IN FULL.
(CHARLIE J. MANNING did not pay restitution payments as directed
and is currently delinquent $150.00 )
c
, FORM: 7 T i J -PRUDAT1EN.
REV, .. 09 /01 /^T
THE STATE OF TEXAS IN THE — CRIMINAL DISTRICT
COURT
CHARLIE MANNINO JUNIOR DALLAS COUNTY
DEFERRED ADJUDICATION ORDER
OCJOSEP TERM, A.,D 199B
,.., UDGE PRESIDING: ROSERT FRANCIS DATE OF ORDER: 12/03/98
ATTORNEY ATTORNEY
FOR STATE: S rio ruN FOR DEFENDANT: NOEMI COLLIE
: AOGRAVATED THEFT OF PROPERTY THE VALUE OF 1500 OR MORE
T.N.IT LESS THIN '020,000
DEGREE: . STATE JAIL DATE OFFENSE COMMITTED 06/22/?B
CHARGING
INSTRUMENT : I ND I CT MENT PLEA GUILTY
TERMS CF FLEA DAROIN'
(IN DETAIL): - '.' OPEN
'PLEA TO ENHANCEMENT
.PARAGRAPH(ST: N/A
................
FINDTNII5 ON
DEADLY
T
WEAPON,
AI AS OR FREADIEE,
AND/OR
FAMILY VIOLENCEI:
DATE COMMUNITY FUDERVISION
IMPOSED: I 2/03/9a COSTS YES
PERIOD OF SUPERVISION AHD A FINE OF 1:700.00
7.
FINE PROBATED: YEE RESTITUTION/REP TION YES
CONCURRENT UNLESS OTHERWISE SPECIFIED, **
• • ON THIS DAY SETSET FORTH ADDLE THE ABOV .-.: STYLED AND
,
NOM2ERE,D CAUSE CAME
1 . 0 TreIOC.. THE .. ;FIATE oF. TEXAS AND DEFENDANT APPEARED 2-Y 'ANOITHPOUGH . THE' 'ADOVE
NAMED ATTORNEYS AND ANNOUNCED-.READY FOR TRIAL. DEFENDr-,HT APREAREB'IN PERSON IN
OPEN . CCLRT, NT-T:RE NAS NOT REPRESENTED GY • COUNSEL,.„.. DEFENDANT
KNOWINCLY:„. INTELLIGENTLY. AND VOUNTARILY WAIVED THE RiGi -n TO RSPRESPNTATION
2Y COUNSEL.. DEPENDANT, ,-1F4 PERSON AND 'IA NRITING IN UPEN COURT WANNEO-HIS • RIGHT
OF TRIAL - DY• jURY . WITWTHF- CONSENT AND APPROVAL OF H1B AlTORNE'T, - THE •ATTORNEY
FOR.,-THE STATE4. AND',THE,,OCURT. WHERE SHOWN AMOVE THAT THE CHPGINO INSTRUMENT
WAG:'.DY . .• INFORMATION, INSTEAD OF INDICTMENT, THE DEFENDANT om, IjITH THE CONSENT
ANDAPPROVAL• "ATTOPMEY, WAIVE HIS RIGHT hi PROSECUTION • BY INDICTMENT AND
.VUL. 417 IiOS 59
• NO ,
s I . .
'AUREETOBE .TRIED ON AN INF RNATION ALL. SOGH•WA IVERS IREEMENTS AD CONSENTS
WERE IN WRITING AND FILED 'THE PAPERS OF THIS CAUSE 1 .: 10R TO THE DFFENDANI
ENTERING . HIS FLEA HEREIN.' DEFENDANT WAS DUCY ARRAIUNED AND IN OPEN COURT'
ENTERED , THE ABOVE PLEA II) THE CHARGE' CONTAINF,D 'IN THE CHARGING
INSTRUMENT, AS SHOWN ABOVE .. - - DEFENDANT WAS ADMONISHED BY THE COURT
THE- CONSEQUENCES OF - snTe PLEA . AND DEFENDANT PERSISTED IN ENTERING:SAID
PLEA,' AND IT, PLAINLY APPEARING TO THE ' • COURT THAT DEFENDANT IS MENTALLY
COMPETENT', AND SAID FLEA, IS..FREE AND VOLUNTAY THF SAID PLEA 'WAG
OCCUTEO BY . THE COURT AND IS NOW. ENTERED ,
OF RECORD AS THE FLEA HEREIN , -
OF DEFENDANT. DEFENDANT IN OPEN COURT, ,IN WRITING HAVING WAIVED THE READING tl F
THE CHARGING. INSTRUMENT, THE APPEARANCE ,:CONFRONTATION, AND .CROSS-EXAMINATION,
OF WITNESSES, AND AGREED THAT THE EVIDENCE MAY BE BY STIPULATION,' CONSENTED TO
THE INTRODUCTION OF TESTIMONY ORALLY, BY 'JUDICIAL CONFESSION, BY ' AFFIDAVITS,
WRITTEN STATEMENTS OF 'WITNESSES AND ANY OTHER DGCUMENIARY' SUCH
WAIVER AND CONSENT HAVING BEEN AFPRCVED BY THE ; COURT IN WRITING AND
FILED IN THE PAPERS OF THE CAUSE . AND THE COURT HAVING HEARD 'DEFENDANT'S
WAIVER OF THE READING OF THE CHARGING INS1PUMENT,' AS SHOWN ,ABOVE, DEFENDANT'S
PLEATHEREID, THE EVIDENCE SUB MITTE, D AND THE ARGUMENT O F COUNSEL, IS OF 'THE
OPINION FROW.THE EVIDENCE 'SUBMITTED THAT THE EVIDENCE SUBSTANTIATES THE:
DEFENDANT'S GUILT OF - THE OFFENSE SHOWN ABOVE AND THAT • THE OFFENSE WAS COMMITTEE.,
BY SAID DEFENDANT ON THE DATE SET FORTH ABOVE. THE COURT FURTHER MAKES' ITS
' FINDINGS AS TO DEADLY WEAPON', FAMILY VIOLENCE, BIAS PREJUDICE, AND
• RESTITUTION OR REPARATION' i"-,S $ET FORTH ABOVE..
AND WHEN Et+IMN ABOVE THATTHERE WAS A PLEA BARGAIN AGREEMENT, THE
DEFENDANT WAS INFORMED AS TO WHETHER THE COURT WOULD FOLLOW OR REJECT . SUCH
AGREEMENT AND IF TIE LOjR7 REJECTED SUCH.AOREEMENT THE DEFENDANT WAS GIVEN AN
OPPORTUNITY TO WIII-T.PAW HIS PLEA PRIOR TO ANY FINDING ON THE PCEPc.' .
WHEN II IS SR .:MN ABOVE THAT RESTITUTION HAS BEEN 000ERED,..041 THE
COURT DETERMINES THAT THE INCLUSION OF THE VICTIM'S NAME AND ADDRESS'.IN THE
JUDGMENT IS NOT IN THE BEST 'INTEREST OF THE VICTIM, THE FL - ON OR AGENCY
' WHOSE ! NAME AND ADDRESS IS SET OUT IN THIS UUDGMENT WILL ACCEPT AND FOFWARD THE
RESTITUTION PAYMENTS TO THE VICTIM.
AND WHEN IT IS SHOWN B;ILOW THAT PAYMENT OF THE LIORHC OF LEG1AL
SERVICS FPOVILED ro THE DEFENDANT IN THIS CAUSE HAS BEEN ORLEI,ED, THE :COURT
Fl q D.S. THAT THE DEFENDANT HAG.THE FlNANC'IAL PETPURCES TO ENABLE THE'Ll7i-ENDANT TO
OFFSET SAID 00111 N THE AMOUNT ORDERED--
THE COU:T BEING OF THE OPINION THAT , THE BEET INTERESTS OF E;OCIETY
AND THE DEPENNT WILL EE SERVED . DY DEFERRING FURTHER FROCEEDIN olYPOUT:
ENTERING AN ADJUDICATION OF GUILT;
IT IS THEREFORE ORDERED, ADJUUGED AND DECREED BY THE COURT THAI THE
DEFENDANT DE AND HEREBY IS PLACED ON COMMUNITY SUPERVISION FOR A PERIOD OF TINE
AS SHDWN APOVE SUBJECT TO THE TERMS AND CONDITIONS .0V CD1M!JNITY SUPERVISION
IMPOSED Bf L•rA AND BY THE COURT AND SERVED UPON THE DEFENDANT. IT IS FURTHER
ORDERED THAI IRE DEFENDANT PAY THE FINE ASSESSED, II ANY, UNLESS PAYMENT OF THE
FINE HAS DEEM PROBATED, AS SHOWN ABOVE, COURT COSTS, COSTS AND EXPENSES OF
LEGAL SERVICES PROVIDED e y THE COURT APPOINTED ATTORNEY IN THIS CAUSE, IF ANY
AND RESTITUTION OR REPARATION ASSET FORTH • HEREIN. • ' •
•
CONDITIONS CF COMMUNITY SUPERVISION ALL . ATIASHED HERETO AND ARE
INCORPORATED FOR ALL PURPOSES AS A PART OF THIS JUDGMENT.
FOLLOWING THE DIS P OSITION OF THIS CAUSE. THE DEFENDANT'S FINUERPRINT
WAS IN OPEN COURT, -PLACED 'UPON A CERTIFICATE OF- : FINGERPRINT. 'SAID CERTIFICATE
IS ATTACHELD J1ERETD (INC IS INCUR I' BY REREPENE AS PG,ST OF THIS
, JUDGMENT.
COURT COSTS IN: THE AMOUNT OF $126.
S'EST 1 TUT ION IN THE AMOUNT OF .00 10 Ea FIU TO
■::'4 E1r3RESS:.
REf NOT TO EXCEED $6.00
19/ut
CAUSE NO. isoeS
STATE OF TEXAS
RICT COURT
VS
OACUEL -
jkAtbY 64101Tr LAS COUNTY, TEXAS
WAIVER
FELONY PLEA OF GUILTY
INDICTMENT / INFORMATION
Corn w the Defe dant with the consent and approval of Defendant's attorney and does in person, writing, and in open
court h right t.,- .ry and requests the Court to consent to and appro this waiver.
Attor ey for fendant
Comes now the undersigned attorney for the State and consents to and approves Defendant's waiver of jury.
"
Assist=trict Attorney
Dallas County, Texas
Comes now the Court and hereby consents to and approves Defendant's waiver of jury in this cause.
ot applicable.
ORDER CHANGING NAME OF DEFENDANT (IF APPIJCABLE)
Comes now the Defendant and suggests to the Court that Defendant's true name is other than that set forth in the charging in-
strument and requests that the charging instrument and all other papers in this cause be amended so that the Defendant's true name
will hereinafter be shown to be:
Defendant
MOTION GRANTED. SO ORDERED.
JUDGE
DEFENDANTS WAIVERS AND JUDICIAL CONFESSION
Comes now the Defendant In open Court in the above entitled and numbered cause represented by Defendant's attorney with
whom Defendant has previously consulted and makes the following voluntary statement:
I. That I am the person named in the charging instrument in this cause.
2. That I am mentally competent and that !understand the charge contained in the charging instrument in this cause and enter
my plea as set forth herein.
3. That I have been advised as to the consequences of a plea of guilty or nobo contendere including the minimum and maxi-
mum punishment provided by law and that any recommendation of the prosecuting attorney as to the punishment is not binding on
the Court.
4. That I understand that I have the right to a trial by a jury whether I plead "guilty', "not guilty" or 'nob contendere".
5. That! have the right to remain silent but if I choose not to remain, silent, anything
, I may say can be used against me.
6. That I have the right to be confronted with the witnesses against me whether I have a trial before the Court or the jury.
7. That I have the right to be tried on an indictment returned by a grand jury.
However, I desire to waive and do waive the following rights:
1. 1 waive the right to be prosecuted by a Grand Jury Indictment and announce my election and consent to be charged by an
Information, where trial is not by Indictment.
2. I waive any defect, error or irregularity of form or substance in the charginginstrument.
3. I waive arraignment and the reading of the charging instrument.
4. I waive my right to remain silent and state that I will testify and make a judicial confession of my guilt knowing anything I
may say can be used against me.
5. I waive in writing and in open court the appearance, confrontation and cross-examination of witnesses, and 1 further con-
sent to an oral or written stipulation of the evidence and testimony and !agree to the introduction of testimony by affidavit, written
statements of witnesses, a judicial confession and any ether documentary evidence.
6. I waive any additional time for arraignment or preparation for trial, and !waive the right to a 10 day waiting period for trial
after the appointment of counsel (if counsel appointed) and announce ready for trial.
CONDITIONS OF PROBATIO
THE STATE OF TEXAS IN THE CRD4INA1 ISTRICT COURT NO.3
Vs. DALLAS COUNTY, TEXAS
Z
ellRAIE j‘tr;i00. elANNII 061- TERM 199
-1 0g0
CAUSE NO.1: 1 5 REGULAR PROBATION
DEFERRED ADJUDICATION XY, •
SHOCK PROBATION
'STATE JAIL FELONY >Of
BOOT CAMP
In accordance with the authority conferred by the Adult Probation and
Parole Law of the State of Texas, you have been placed on probation on this
date I - 3 - 415 for a period of years. It is the order of
this Court that you comply with the following conditions of probation:
(a) Commit no offense against the laws of this or any other State or the
United States, and do not possess a firearm during the term of
probation;
(b) Avoid injurious or vicious habits, and do not use marijuana,
narcotics, dangerous drugs, inhalants or prescription medication
without first obtaining a prescription for said substances from a
licensed physician;
(c) Avoid persons or places of disreputable or harmful character and do
not associate with individuals who commit offenses against the laws of
this or any other State or the United States;
(d) Obey all the rules and tegulations of the probation department, and
report to the Probation Officer as directed by the Judge or Probation
Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY
(e) Permit • the Probation Officer to visit you at your home or elsewhere,
and notify the Probation. Officer not less than twenty-four (24) • hours
prior to any changes in your home or employment address;
•
(f) Work.faithfully at suitable employment as far as possible, and seek
the assistance of the probation officer in your efforts to secure
employment when unemployed;-
(g) Remain within a specified place; to-wit:Dallas County, Texas, and do
not travel outside Dallas County, Texas,
without first having obtained written permission from the Court;.
(h) Pay Court cost and fine, if one be assessed, in one or several sums to
the District Clerk of Dallas County, Texas;
(i) Support your dependents;
(j) Pay a probation fee of $40.00 per month to the Probation Officer of
this Court on or before the first day of each month hereafter during
probation;
PAGE 1 of 3
7. I waive the right to a pre-sentence investigation and report and request that none be made. If a pre-sentence report has
been made, I agree that the Court might review it concerning punishment.
8. I further understand that where there is a plea bargain agreement and the punishment assessed by the Court does not ex-
ceed the agreed recommendation, I do not have the right to appeal without permission of the Court, except for those matters raised
by written motions filed and presented to the Court prior to trial.
0 Ig..niter a t and
1 d4 I judicially confess that I am the person named in the charging instrument and that I understand the
charge contalne erein and
I am GUILTY of the offense of THEFT OF PROPERTY OF THE VALUE OF
OR MORE BUT LESS THAN S20,000.00 i1500 .00
.,-.1.-
exactly as alleged In the charging instrument including any amendments or modifications thereto and !confess that I did un-
lawfully commit the said offense in Dallas County, Texas on tbe 2..-49w day of . 7-c/j/e. 10 Mg? i
OR
I plead NOW CONTENDERE to the THE VALUE OF §1500.00
F PROPER $20,000.00
UT
- '
'
11.2: Se44 4'044
2:
exactly as alleged charging ins meat Including any amendments or modifications thereto and understand and a
that the Court can consider the evidence and stipulation of testimony in determining guilt;
and I further state that my plea is made freely and voluntarily and is not influenced by any consideration of fear or any persuasion
or any delusive hope of pardon, and I request the Court to consider probating any sentence imposed.
I further understand that in the event that I am convicted; unless I . waive the right to.appeal or am precluded from appeal by
acceptance of a plea bargain agreement that is followed by the Court,.asset out in paragraph 8 herein, I have the legal right of ap-
peal and also the right to be represented on appeal by an attorney of my choice, or if I am indigent and unable to pay for such at-
torney or the record on appeal the Court will, without expense to me, provide an attorney and a proper record on appeal.
I agree that the Court may consider my judicial confession as evidence in this case.
I understand that if! am not a citizen of the United States of America a plea of guilty or nob o contendere for the offense charged
may result in deportation, the exclusion from admission to this country, or the deniatof naturalization under Federal law.
Having read all of the above waivers, consents, agreements and statements arid liming had them explained to me by my attor-
ney, I now request the Court to accept them and I state that they are made voluntarily, knowingly, and int 'gently and I further
stat t the statements contained in my judicial confession are true and correct.. This the 3 day of
e
Witnessed óendnt
ATTORNEY FOR DEFENDANT
I have consulted with the Defendant concerning the plea in this case and I have advised the Defendant of the Defendant's rights
and the charge to which the Defendant is pleading. I believe the Defendant to be competent and approve and agree to the waivers,
agreements and statements that the Defendant has signed herein. I agree and consent to the waiver of indictment if prosecution by
infOrmation, waiver of defects in charging instrument, agreement to stipulate testimony, waiver of additional time for arraignment
or 10 days to prepare for trial, waiver of arraignment, waiver o and I ask the Court to accept said waivers and agreements
and I announce ready for trial and enter Defendant's plea NOW ;7ERE be
11 t• ourt.
. 11 ejbd4e
Attorney for Defendant
State Bar No. Otbref (00
ATTORNEY FOR STATE
Before the entry of the Defendant's plea herein, the above requests, waivers, agreements and stipulations are hereby consented
to and approved by me, the attorney representing the State. -1
2— _
Date Assistant D 1.! et Attome
Dallas County, Texas
State Bar No.
JUDGE
It clearly appearing to the Court that the Defendant is mentally competent and is represented by competent counsel and that
said Defendant understands the nature of the charge against the Defendant and that the Defendant has been warned by the Court
of the consequences of the plea entered herein including the minimum and maximum punishment provided bylaw, that the Defen-
dant, attorney for Defendant and the attorney for the State consent to and approve the waiver of trial by jury and agreement to stipu-
late the testimony in this case, the Court, therefore, finds such plea,:and all waivers, agreements, and consents contained herein to
be freely and voluntarily made and accepts the Defendant's plea and approves the consent tb Stipulate testimony.
DEC 3 tqa
Date . JUDGE
THE STATE OF TEXAS --- CRIMINAL DISTR COURT NO.3
VS \itrinnof- A1/10/31144o DALLAS COUNTY, TEXAS
g c
CAUSE NUMBER P ii-lo ,co J
00 THE DEFENDANT WILL REPORT TO THE FRANK CROWLEY BUILDING, 133 NO.
INDUSTRIAL BOULEVARD, 9TH FLOOR, DALLAS, TEXAS 75207 ON 12-I 9g
1998 AT W 00 A0 FOR A POST INTERVIEW.
( ) PAY A FINE AND/OR COURT COST IN THE AMOUNT OF $ THROUGH -
THE PROBATION OFFICER OF THIS- COURT AT THE RATE OF $ PER
MONTH. FIRST PAYMENT IS DUE ON/OR.BEFORE AND A LIKE
PAYMENT IS DUE ON/OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER •
UNTIL PAID IN FULL.
( .) EFFECTIVE THROUGH ', DO NOT OPERATE A MOTOR
VEHICLE UNLESS IT IS EQUIPPED WITH A DEEP LUNG BREATH ANALYSIS
MECHANISM APPROVED BY THE TEXAS DEPARTMENT OF PUBLIC SAFELY.
( L) DEFENDANT WILL PERFORM la° HOURS OF COMMUNITY SERVICE RESTITUTION
ENROLL AND COMMENCE SAID CSR ON/OR 'BEFORE 1-/- , 1999 AND
BEFORE 1-51- 2000 , 1 .
COMPLETE A MINIMUM OF 10 HOURS PER MONTH UNTIL COMPLETION OF CSR.ON/OR
-
PERFORM CSR HOURS AT AN APPROVED
COMMUNITY SERVICE PROJECT DESIGNATED BY THE CSCD. A . PROCESSING FEE OF
$50.00 PAYABLE TO THE VOLUNTEER CENTER WILL/WILL NOT BE REQUIRED FOR
REFERRALS THROUGH THE VOLUNTEER CENTER.
•
(NI) MAKE RESTITUTION IN THE AMOUNT OF $ 1O00.00 FOR THE LOSS
SUSTAINED BY THE INJURED PARTY. PAYMENTS ARE TO BE PAID -
THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF
$ 25%06 PER MONTH. FIRST PAYMENT IS DUE *ON OR BEFORE •
4
1 -1- 1 /4i AND A LIKE PAYMENT IS DUE ON/OR BEFORE THE FIRST
DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL. 6,43G,25
REIMBURSE DALLAS COUNTY, TEXAS, IN THE AMOUNT OF $ 1=MG322t „Inn()
FOR THE SERVICES OF A COURT-APPOINTED ATTORNEY AND FINE AND/OR
COURT COST. PAYMENTS ARE TO BE PAID THROUGH THE PROBATION
OFFICER OF THIS COURT AT THE RATE OF $ q co
50-
PER MONTH.
FIRST PAYMENT IS DUE ON OR BEFORE ' 1-1-19 7 AND A LIKE PAYMENT
IS DUE ON OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER
UNTIL PAID IN FULL.
( ) COMPLY WITH THE DIRECTIVES OF THE SPECIAL SUPERVISION UNIT
CONDUCTED BY THE DALLAS COUNTY C.S.C.D. REMAIN IN SAID
UNIT FOR NOT LESS THAN 180 DAYS.
( ) THE DEFENDANT WILL OBTAIN A GENERAL EQUIVALENCY DIPLOMA
• (G.E.D.) COMMENCE ON OR BEFORE AND COMPLETE SAID G.E.D.
ON OR BEFORE •
( ) THE DEFENDANT WILL SUBMIT TO URINALYSIS AT THE REQUEST OF A PROBATION
OFFICER TO DETERMINE ILLICIT DRUG USE.
( ) THE DEFENDANT WILL HAVE NO CONTACT WITH THE COMPLAINANT
DURING THE TERM OF PROBATION.
PAGE 2 Of 3
THE STATE OF TEXAS CRIMINAL DISTRIk COURT NO.3
t
VS . C IARYI •..\ (AA ok Hi 0(3 DALLAS COUNTY, TEXAS
CAUSE NUMBER F'qg-150135.643
( ) SUBMIT TO A PERIOD OF DETENTION IN FOR A TERM OF
DAYS, STARTING
( ) WITHIN FIFTEEN (15) OR FORTY-FIVE (45) DAYS, THE DEFENDANT
SHALL SEEK THROUGH AN AGENCY
APPROVED BY THIS COURT, WHICH OFFERS SAID SERVICES, SUCH AS
. IF IS DEEMED
NECESSARY, THE DEFENDANT SHALL ABIDE BY ANY AND ALL TREATMENT
DIRECTIVES,COMPLY WITH THE RULES AND REGULATIONS OF THE
APPROVED AGENCY, PAY ALL COSTS INCURRED FOR SUCH SERVICES AND
CONTINUE IN SAID TREATMENT UNTIL RELEASED BY THIS COURT.
( ) COMPLETE A DRUG/ALCOHOL EDUCATION PROGRAM WITHIN 181 DAYS.
(0) THE DEFENDANT WILL REPORT IMMEDIATELY AFTER THE POST SENTENCE
INTERVIEW TO THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT
COMPREHENSIVE ASSESSMENT AND TREATMENT SERVICES PROGRAM (C.A.T.S.);
PARTICIPATE IN C.A.T.S. BY OBEYING ALL PROGRAM INSTRUCTION AND/OR
TREATMENT FOR SUBSTANCE ABUSE OR MENTAL HEALTH; AND CONTINUE WITH SUCH
ADHERENCE UNTIL RELEASE IS GRANTED BY THE PROGRAM OR THE COURT.
You are hereby advised that under the law of this State, the Court
shall determine the terms and conditions of your probation, and may at any
time during the period of probation, alter or modify the conditions of your
probation. The Court also has the authority at any time during the period
of probation to revoke your probation, or proceed to adjudication, for
violation of any of the conditions of your probation set out above.
Wit ignatures this Z e4 day of 1)£C 99 ?
, t (__ c
C012k4dedijr----
Probationer Judge
ML#
Probation Officer
PAGE 3 of 3
i-\
Cause No. 1508S eat"
THE STATE OF TEXAS IN THE
V. DISTRICT COUR
DALLAS COUNT
CAo-rJe
pm BARGAIN AGREEMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Defendant, Counsel for Defendant, and Counsel for
State herein and would show that a plea bargain agreement has been
entered into between the undersigned, and that under the terms of
said agreement both side agree they will waive their right to a
jury trial and agree to nd recommend the f llowing:
Defendant will plead guilty nobo conte ere
Defendant will testify will not testify
confinement in Penitentiary for years.
g —
confinement in [State Jail] [SeanO y=064+ for (111=1
[years]
fine $ r167)
NO PROBATION
/
V PROBATION TO BE GRANTED FOR years subject to all the
terms and conditions imposed by the trial court.
Further, the judge, as provided by Article 42.12, Sec. 11 &
15 V.A.C.C.P., may at any time during the period of probation
alter or modify the conditions.
confinement in [State Jail] [County Jail] for days as
a condition of Probation.
supervised work or community service for hours as
required by Article 42.12, Sec. 16 V.A.C.C.P.
SHOCK PROBATION TO BE GRANTED days after sentence,
subject to good behavior of defendant in the Penitentiary.
participation in SPECIAL ALTERNATIVE INCARCERATION
PROGRAM.
Conviction to be as follows:
Misdemeanor
Non-conviction Deferred Nibt-4* tA1C.A.4
Probation g(prp), Restitution
No credit for back time served
Defendant's back time date is:
Additiol: al provisions of the agreement are: CI
F;194/4.Aol
p(40 i Cf
6l411240 -WiWirov6
The undersigned certify they have read the terms of the abov
agreement and that it fully contains all the ovisions of said
agreement.
JOHN VANCE
DISTRICT ATTORNEY
DALLAS COUNTY, TEXAS
By
Assis nt D str ct Attorney oun endant
If a victim impact statement has been returned to the State, a copy
of said statement shall be turned over to the Court by the State's
attorney prior to the Court's acceptance of this plea.
Rev. 6/95 eittpria■raldea
N.. Cc( —
THE STATE OF TEXAS IN THE
VS. DISTRICT COURT -4 ,
7 OF
(244,4 DALLAS COUNTY, TEXAS
FINDINGS, CONCLUSIONS AND RECOMMENDATIONSOF MAGISTRATE
ORIGINAL PLEA
The above styled and numbered cause having been duly and legally referred to a
magistrate for a hearing on a'negotiated-plea of guilty, ndlo contenders or true, the
following findings, conclusions and recommendations are hereby made- by the magistrate
for consideration by the District Judge:
FINDINGS:
ON THE 73r7"A" DAY OF 11.42c_e_16...-126,r CillP •
X Defendant appeared in open court with. his/her attorney, the Honorable
1\364Z.Na
Defendant in open court and in writing, and with the consent and approval of
his/her attorney, waived his/her right to prosecution by indictment and
agreed to be tried on an affidavit and information.
X Defendant waived his/her right to trial by jury in person and in writing in
open court, with the consent of the attorney for the State and approval.
, of
the Magistrate. '
X Defendant in open court and in writing waived the reading of the charging
instrument, the appearance, confrontation and cross-examination of witnesses,
and agreed that evidence may be stipulated, and consented to the introduction
of testimony orally, by judicial confession, by affidavits, written
statements of witnesses and any other documentary evidence. Such walyer :and
consent was approved by the Magistrate and filed with the papersof``fhis'
cause.
Defendant was duly admonished of the consequences of entering his/her plea
and as to the range Of pufifilimea invdped herein.
L.
X. Defendant pleaded guiltykial.a-co.n.tentieve/ e rue to the offense of::
g g $1500.00
ni rrOF PROPflitTY OF THE wou R OF
OR MORE BUT LfSS THAN $20,000.00A6t,c§/Piatirisi .
X Defendant was admonished according to Art,' 26.13 of the Code of Criminal,
Procedure. (Non-Citizen)
THE EVIDENCE PROVES BEYOND A REASONABLE DOUBT AND THE MAGISTRATE FURTHER FINDS:
X Defendant is mentally competent.
X The judicial confession/stipulation admitted herein is sufficient in law to
prove a prima facie case.
Defendant used or exhibited a deadly weapon, to-wit:
during the commission of or during immediate
flight from the offense.
X The offense was committed on the day of -atmes...... ,
The enhancement paragraph(s) alleged in the charging instrument are true.
X Defendant found to have committed the offense as charged in the charging
instrument.
Defendant found to have committed an offense other than that charged in the
charging instrument, to-wit:
CONCLUSIONS:
X Defendant entered his/her plea freely and voluntarily.
A Defendant was not coerced or unlawfully pursuaded to enter his/her plea.
X The plea bargain agreement should be followed.
Defendant, after being given a copy of the terms and conditions of probation,
understood those terms and conditions.
RECOMMENDATIONS:
Defendant be found not guilty.
Defendant be found guilty of the offense of
The finding of guilt and further adjudisption be deferred and Defendant be
placed on probation for a term of years.
A fine of (700 AS A CONDITION OF PROBATION. be assessed.
STATE/COUNT?
.
Defendant be assessed confinement in the Dallas County Jail tor a period-of
days.
Defendant be assessed imprisonment in the Texas Department of Corrections for
years.
of
Probation be granted for a period
7-
7b
3
ccg byears.'
Restitution: to be viat'eTraIne-dkvf $6Z 00. ° be ordered.
Court costs be assessed.
Grant Defendant's (waiver of 10 days to prepare) (w
(waiver of delay or arraignment).
Enhancement paragraph(s) are true.
A deadly weapon was used or exhibited.
ADDITIONAL RECOMMENDATIONS:
1998
SIGNED THIS TIAX,OF , 19
MAGISTRATE
ORDER ADOPTING ACTIONS OF MAGISTRATE
BE IT KNOWN that the Court has reviewed the actions taken by the Magistrate
sitting for this Court in the above numbered and styled cause, which include all
findings, conclusions and recommendations contained in this document; all orders
contained on the docket sheet in this cause and within the papers filed in this
cause; as well as any exhibits introduced into evidence in this cause.
IT IS HEREBY ORDERED AND DE ED that the Court specifically adopts and ratifies
the actions taken by Magistrate on behalf of this Court
in compliance with Subchapter D of o e exas Government Code and i
further GRANTS DENIES probation to Defendant.
SIGNED THIS THE
District Court
Dallas County, Texas
,rm
No. r ig
- )5DWGris. •
DIS
nri TEXAS V, IN THE
COURT OF DALLAS COUNTY,
COURT'S ADMONITION OF STATUTORY AND CONSTITU
RIGHTS AND DEFENDANT'S ACKNOWLEDGEIVIEEN
The Court hereby admonishes you of the following Statutory and Constitutional Rights prior
your entry of a pl nob o contendere in this case pursuant to Article 26.13 of the Texas Code
of Criminal Procedure and the Constitutions of Texas and the United States of America:
- 7 iscob—rt<4090
1. Y°311116CPW/gaihifi-iime■Fof 15_0(00
OR MORE BUT LESS THAN $20,000.00 r'94264-ecrr
and the range of punishment is .4A-44
Co TATE JAIL FOR 180 DAYS TO 2 YEARS,
Defendant admonishMs001 liOjta WM114110,000.
•
2. Any recommendation as to what your punishment should be by the prosecuting attorney
is not binding on the Court. I will follow the plea bargain agreement in this case, if there is one, unless
evidence is presented that makes me unable to do so and, if so, I will tell you and allow you to
withdraw your plea.
3. If judgment is rendered in this case- and the punishment assessed does not exceed the
punishment recommended by the prosecutor . and agreed to by you and your attorney, in order to
prosecute an appeal for a non-jurisdictional defect or error that occurred prior to the entry of the, plea,
the Notice of Appeal shall state that the trial court granted permission tp appeal or shall specify that
those matters were raised by written motion ancptuled on before trial.
4. If you are not 'a s,Itizetrot the United States of America; a plea of guilty tor liolo
contendere before me for the- offense charged may result in your deportation, the exclusion from
admission to this country, or a denial of naturalization under Federal Law.
5. If you have a court-appointed attorney, you have a right to have ten (10) days from the:,
date your attorney was appointed to prepare for trial. You have a right to have two (2) entire days after
being served a copy of the charging instrument to be arraigned unless you are on bond. You have a,
right to be tried on an indictment returned by grand jury.
6. If you receive deferred adjudication and a violation of probation occurs, you may be
arrested, detained, and a hearing conducted, limited to the determination of whetherithe court should
proceed to adjudication of guilt on the original charge or not. No appeal may be taken from this
determination. If there is an adjudication of guilt, all proceedings, including assessment of punishment,
pronouncement of sentence, granting of probation, and your right to appeal continue as if the
adjudication of guilt had not been deferred. If there is an adjudication of guilt, the full range of
punishment would be applicable to your case.
. 0Xsarai:4
JUDGECIri
NG
ACKNOWLEDGMENT
I have read the above and foregoing admonitions by the Court regarding my rights. I understand
the admonitions, and I understand and am aware of the consequences of my plea. Furthermore, my
lawyer has explained to me all of the admonitions given by the Court in this document.
igned this 3 day of Da-- , 19 ``/V .
COUNSEL Fe R DEFENDANT DEFENDANT
NocAi A-, CselL4-
PRINTED NAME OF COUNSEL PRINTED NAME OF DEFENDANT
BAR CARD NO. OnVICOZ:1 5-19-94
RAm188111 lee
DEFENDANT HAIMINS„. CHARLIE "NyiloR BM 042259 '—``IARGE THEFT A66 1,500
MA:
ADDRESS 1306 VOODLAVW AVE, DALLAS, TX 80H1) -
LOCATION
FILING AGENCY TX0570200 DATE FILED 'fur.* 25 ' 1998
COURT
-
COMPLAINANT FLORE$,i 141611i
_ L F-9815085
...C/c DAMON BLACKRALL
THE STATE OF TEXAS
Jc IEkt-v
CAUSE NO - I Pa5-
VS. 01A eAA:14/1 DISTRICT COUR14-3
DALLAS COUNTY, TEXAS
JUDICIAL CONFESSION
Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the
evidence in this case and In so doing expressly waives the appearance, confrontation and cross-examination of
witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written
statements of witnesses and other documentary evidence: Accordingly, having waived my Federal and State consti-
tutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts
and agree and stipulate hat these facts are us and correct and co stitute the evidence in this case:
On the day of 19 7 in Dallas County, Texas, I did unlawfully,
unlawfully, knowingly and intentionally appropriate property, namely: exercise control
over property, other than real property, to-wit: one (1) cassette player, one (1) sow,
one (1) cellular telephone, one (1) power shear, one (1) drill, three (3) disc grinders
and two (2) extension cords, of the value of at least $1,500.00 but less than
620,000.00, without the effective consent of MIGUEL FLORES, the owner of the said
property, with the intent to deprive the said owner of the said property,
And further did knowingly and intentionally appropriate property, namely: exercise
control over property, other then real property, to-wit: two (2) drills, three (3)
saws, one (1) cassette player and one (1) grinder, of the value of at least $500.00 but
less than $1,500.00, without the effective consent of ALVARO BECERRA, the owner of the
said property, with the intent to deprive the said owner of the said property,
y
And defendant did appropriate all the above described propert pursuant to one
scheme and continuing course of conduct, and the aggregate .7lue of said appropriated
property is at least $1,500.00 but less then _620,94M)
E trE
tec $ -
BILL coon
war- a
I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the
Indictment this cause.
Defendant
3
SWORN TO AND SUBSCRIBED before me on the day of OEC INS 19
BILL LONG, CLERK
DISTRICT COURTS OF
DAL CO NTY, TEXAS
By /h /4/4, 240
Deputy District Clerk
Defendant's agreement to stipulate and waiver of confrontation and cross-examination of witnesses are in all
things approved by the Court The above Judicial Confession is hereby approved by the Court.
likigvarA
PREIMING JUDGE
'J UDICIAL CONFESSION
• THE STATE OF TEXAS CAUSE NO. fl(f " I SWS
. -
VS. X
DALLAS COUNTY, TE
REQUEST FOR REFERRAL TO MAGISTRATE
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now defendant in the above cause, with his undersigned
counsel, and would show that he, his counsel, and the attorney
for the State have entered into a plea bargain in this cause, and
defendant hereby waives his rights to have this cause heard on his
plea by a District Judge, and requests that this cause be referred
to a Criminal District Magistrate of Dallas County, Texas, by the
said District Judge, so that defendant might enter his plea herein
before said Magistrate and receive the punishment and results
contemplated b the plea bargain agreement of the parties. .
Coun el for Defendant Defendant
NOW COMES John Vance, Criminal District Attorney of Dallas
County, Texas, who consents to and approves of the referral of
this cause by the District Judge to a Criminal District Magistrate
of Dallas County, Texas, so that defendant might enter his plea
herein in pursuance of the plea bargain agreement entered into
between the parties.
JOHN VANCE
DISTRICT ATTORNEY
DALLAS OUNTY, TEXAS
By: kipiVL4A0 P1414-441.-■...
ORDER OF REFERRAL
The above and foregoing waiver, consent, and request for
referral to a Magistrate having been presented to me, same is
hereby in all things approved. This cause is hereby referred
to a Criminal District Magistrate of Dallas County. Texas, for
the purposes of defendant entering his plea in accordance with
the plea bargain agreement entered into by and between the defendant,
counsel for defendant and counsel for state in this case.
SIGNED AND ENTERED this day of we 3 MR . 19
I hereby find that
nd 'vo untarily waived his right to
defendant herein, has freely and
have this case heard by a District Judge of Dallas County.
1"1"1111"1"1.
M0ISTRATE
/87 - PLEA BARGAIN
IN THE Gbc... 41-3 DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
CAUSE NO.(S)
VS.
CAN0.11 NO. tA Fi't - 1 STIVS
CASE INFORMATION
The Defendant in this cause is charged with the oqense of Abir
1 O0 - 213 aw
degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
12-- 3 - r at _too_opm
for the purpose of:
Years TDC Days in Dallas
County Jail
2 Years Probated for 3 Years.
Days in Dallas County Jail Probated
for Days. which will be the setting of this case.
$ "1
00 Fine 4- 4(.0e rki The appearance of the Defendant at the next setting
(IS) waived.
Anal:slam DIstes Anomey lor Dere D endant
p
,
61:) W2 -4,74_ 1W- 4/1-c,
hone Number
ORDER AND FINDING
State (IS / IS NOT) found to have, in fact, been ready this date
MOAN Judge
Dale
IN THE Ck43 DISTRICT COURT
DALLAS COUNTY, TEXAS
THE STATE OF TEXAS
VS. CAUSE NO.(S)
\--1F-t5a5
CASE INFORMATION
The Defendant in this cause is charged with the offense of --r-L..44 Iso. - Lc? on--.0
_.degree felony. The possible punishment for this
offense is
PLEA BARGAIN DATA CONTINUANCE DATA
On a plea of Guilty, the District Attorney will Case passed by agreement to:
recommend the following:
11 — '26 18 at
for the purpose of:
Years TDC Days in Dallas /41113/1
County Jail
Years Probated for Years.
Days in Dallas County Jail Probated
for Days. 400•• which will be the setting of this case.
Fine r1-2k1 The appearance of the Defendant at the next setting
(IS)/ (IS NOT) waived.
C.6 — • I
A4Wil■
Istant MauIcl Mornay
(tC3- (49---- e(hylef,i-
ORDER AND FINDING
Slate (IS / IS NOT) found to have, in fact, been ready this date
D1011t1 Judge
,
.' • 7 ,
." Pnlins County
. . Scree
,
N OM. AA. ()At Er Of Birth:
Identification Number Completed B W. -
Was inmate a medical, mental health, or suicide nsk 'during any o copied or confinement with the Department?
Yes No If Yes, when? Unknown
• Does arresting or transporting Officer believe that the inmate is a medical, mental heilth or suicide risk?
Yes' No Unknown
.
A. Questionnaire FOC- Hetet
'nee B. Observation Questions
'.
Have You ever receWed MH/vIR services or
ether ineMal health services?
If yes, what services?
t, I ,
Do you knovi. -where you are?
• Mies the individual seem unusually
confused or preoccupied?
'
season is this? poop
. theindividual talk veFY rapidly or Seem
to be iii an unu.sdalty good mood?
Dees the individual cleini to he SeeneoPeelse .. Yes'
like a . famouspersen or a fiPtidnifignier '
5. (a) . " Soinetimea people tell me they hear voices that
other people don't seem to hear. What shout
you?
(b) If yes, ask for an explanation: "what do you
hear?
': C.Siiicide ted '
tiotti 1 Oh Boar
- '
11. , }hive.yeneVei ittempted sii4e oi 14: kOn, drugs ot *inking; litve you
.. ' . 60.1/1/02 2 r for
dii5.*Oout. steep or had a long
If yes..Whest71 ' f ' ' . • bA . ci in PutilifeWlien'•You felt yeti
h ?
W i' -."' ffirriglienr.jr.:11trilf , endletic 'tit, Orbited? '
Howl . 637..frWil
iiiiPIP Maiirdr■imi i
12. Ate y thinking about killinginnrself today? .. ye you e4erienced a recent loss otdesili of -
ainkineulret Or friend or are yei,Weitied
lit major problems other than your legal
,
13. (a) Have you rvei4censo down that you couldn't 16. 4-001,140.'s!.111 0derneli'
de anything famete than a week?' titeire Irelpie* or hopeless?
af ne, go to 14),
2, Do 3jou feekihx
—k*OiloW1-
COMMENTS 1.
*
A AKA° inappropriate rsspoge, Except as spproIrmat7 in A3, mnduateAfl l evaluation HeanItServices
0 0 suicide Precautions Signed
PiSilOsiTiOD: No Inio. .kinnno,n Needed Rialto To Plyelnan*Settaes
,
WHITE ORIGINAL - INTAKE' CANAIfY COPY - MAGISTRA PINICCOPY - MEDICAL' ' GOLDENROD COPY
I
Jae
FOAM 188-B
-
DEFENDANT MANNING, CHARLIEr NIOR BM 042259 CHEFT AGO 1,500
'AKA: (%IsIARGE
ADDRESS 1306 WOODLAWN AVE, DALLAS, TX BOND
LOCAllON
FILING AGENCY TX0570200 June 25, 1998
DATE FILED COURT
COMPLAINANT FLORES, NIGUEL F-9815085
c/c DARRON BLACKMAIL
TRUE BILL OF INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County,
LY 98
State of Texas, duly organized at the Term, A.D. 19 of the
204TH JUDICIAL
District Court Dallas County, in said court at said
Term, do present that one MANNING, CHARLIE JUNIOR , defendant,
on or about the .22ND JUNE 98
day of A.D. 19 in the County of Dallas and said State, dld
unlawfully, knowingly and intentionally appropriate property, namely: exercise control
over property, other than real property, to-wit: one (1) cassette player, one (1) saw,
one (1) cellular telephone, one (1) power shear, one (1) drill, three (3) disc grinders
and two (2) extension cords, of the value of at least $1,500.00 but less than
$20,000.00, without the effective consent of NIGUEL FLORES, the owner of the said
property, with the intent to deprive the said owner of the said property,
And further did knowingly and intentionally appropriate property, namely: exercise
control over property, other than real property, to-wit: two (2) drills, three (3)
saws, one (1) cassette player and one (1) grinder, of the value of at least $500.00 but
less than $1,500.00, without the effective consent of ALVARO BECERRA, the owner of the
said property, with the intent to deprive the said owner of the said property,
And defendant did appropriate all the above described property pursuant to one
scheme and continuing course of conduct, and the aggregate value of said appropriated
property is at least $1,500.00 but less than $20,000.00,
against ttwiromfectdignity of the State.
t-NA A '. A AAA. n
THE STATE OF TEXAS WARRANT # F9815085
COUNTY OF DALLAS AFFIDAVIT FOR ARREST WARRANT OR CAPIAS
BEFORE ME, the undersigned authority, on this day
personally appeared the undersigned affiant who, after being duly
sworn by me, on oath stated:
My name is - W- I -OLA._pf
L . S N
, and I am a peace
officer of the City of Balch Springs, Dallas County, Texas.
I have good reason to believe and do believe that on or
about the 22ND. day of JU14E,1998, one MANNING, CHARLIE JUNIOR A
BLACK MALE, 042259, did then and there in the City of Balch
Springs, Dallas County, Texas, commit the offense of THEFT MIT
$1,500. BUT LESS THAN $20,000 which is a violation of section
31.03 of the Texas Penal Code, STATE JAIL FELONY.
My belief is based upon the following facts and
information: SGT. J. SPURGER #297 , Investigator,
Balch Springs Police Department who participated in the
investigation of the alleged offense, furnished to me, the
Affiant, on MANNING, CHARLIE JUNIOR , the following information:
ON 06-22-98 AT APPROXIMATELY 0618 HOURS, OFFICER C.MEEHAN #350
AND SERGEANT J.SPURGER #297, WERE DISPATCHED TO A VEHICLE
BURGLARY THAT HAD JUST OCCURRED AT THE QUAIL VILLAGE APARTMENTS,
LOCATED AT 12223 QUAIL DRIVE, IN BALCH SPRINGS, DALLAS COUNTY,
TEXAS. TWO WITNESSES AT THE QUAIL VILLAGE APARTMENTS, SHANE
STEEDMAN W/M 01-07-73, AND RHONDA REITES W/F 06-29-77, RELAYED
INFORMATION TO THE BALCH SPRINGS COMMUNICATIONS OPERATOR WHILE
THE OFFICERS WERE IN ROUTE. UPON ARRIVAL OFFICER MEEHAN MET WITH
THE WITNESSES, AND A COMPLAINANT MIGUEL FLORES W/M 10-31-67. THE
WITNESSES DESCRIBED THE SUSPECT VEHICLE AS A BLUE OR SILVER
NISSAN MAXIMA OCCUPIED BY TWO BLACK MALES. THE WITNESSES STATED
THAT THEY OBSERVED ONE OF THE SUSPECTS BREAK A WINDOW ON A WHITE
VAN, REMOVE TOOLS FROM THE VAN, AND PUT THE TOOLS IN SUSPECT THE
VEHICLE. THE SUSPECT VEHICLE THEN FLED EAST ON QUAIL DRIVE, AND
TURNED SOUTH ON GLENSHIRE. OFFICER J.GLOVER #198 WENT TO THE
AREA OF SOUTH BOUND IH635 AT SEAGOVILLE ROAD TO WATCH FOR THE
SUSPECT VEHICLE. OFFICER GLOVER WAITED ONLY A COUPLE OF MINUTES
BEFORE HE OBSERVED A VEHICLE THAT MATCHED THE DESCRIPTION OF THE
SUSPECTS. THE SUSPECT VEHICLE EXITED IH635 AND WENT WEST ON HWY
175. OFFICER GLOVER PULLED ALONG SIDE OF THE SUSPECT VEHICLE AND
OBSERVED THAT THE BACK SEAT WAS FILLED WITH TOOLS. OFFICER
GLOVER STOPPED THE SUSPECT VEHICLE IN THE 9600 BLOCK OF HWY 175.
THE SUSPECT VEHICLE WAS IN FACT A LIGHT BLUE 1992 NISSAN MAXIMA,
BEARING TEXAS LICENSE PLATE #XCY69Z. SERGEANT SPURGER RESPONDED
TO OFFICER GLOVER'S LOCATION FOR ASSISTANCE. THE DRIVER
IDENTIFIED HIMSELF AS MANNING,CHARLIE JUNIOR B/M 04-22-59, AND
THE PASSENGER IDENTIFIED HIMSELF AS BLACKNALL,DARRON DARELL B/M
11-11-70.
THE SUSPECTS WERE DETAINED WHILE OFFICER MEEHAN BROUGHT THE
WITNESSES TO THE LOCATION. BOTH WITNESSES POSITIVELY IDENTIFIED
BLACKNALL AS THE PERSON THAT THEY OBSERVED BREAKING AND ENTERING
THE WHITE VAN. THE WITNESSES ALSO POSITIVELY IDENTIFIED MANNING
AS THE DRIVER OF SUSPECT VEHICLE. A COMPUTER CHECK OF THE
VEHICLE REVEALED THAT IT IS REGISTERED TO. CHARLIE MANNING.
SERGEANT SPURGER TOOK POLAROID PICTURES OF THE VEHICLE AND THE
PROPERTY BEFORE ANY OF THE ITEMS WERE REMOVED. CHARLIE MANNING
AND DARRON BLACKNALL WERE BOTH PLACED UNDER ARREST, AND THE
VEHICLE WAS IMPOUNDED. MIGUEL FLORES FILED AN OFFENSE REPORT,
SERVICE #98-0022552A, WITH THE BALCH SPRINGS POLICE. MR.FLORES'
VEHICLE IS A WHITE 1990 FORD VAN, BEARING TEXAS LICENSE #93531-IL.
COMPLAINANT/FLORES LISTED THE FOLLOWING ITEMS AS STOLEN: 1-
MILWAUKEE HAMMER DRILL SER#897A797281540 VALUED AT $150, 1-MAKITA
DISC GRINDER SER#2015377E VALUED AT $130, 1-MAKITA DISC GRINDER
SER#2022933E VALUED AT $130, 1-SNAPPER LITE POWER SHEAR SER#9749E
VALUED AT $300, 1-SONY AM/FM CASSETTE JAMBOX VALUED AT $20, 1-
ORANGE EXTENSION CORD VALUED AT $20, 1-YELLOW EXTENSION CORD
VALUED AT $20, 1-MOTOROLA CELL PHONE SER#1796UNJ387Y VALUED AT
$300, 1-CRANE SUPER SAW ("MIGUEL FLORES" ENGRAVED ON CASING)
VALUED AT $300, 1-MAKITA DISC GRINDER SER#1989723E VALUED AT
$130, AND A TOOL BOX CONTAINING MISCELLANEOUS HAND TOOLS VALUED
AT $60. MIGUEL FLORES CAME TO THE BALCH SPRINGS POLICE
DEPARTMENT AND POSITIVELY IDENTIFIED HIS PROPERTY WHICH WAS AMONG
THE PROPERTY REMOVED FROM MANNING'S VEHICLE. MR.FLORES' PROPERTY
WAS PHOTOGRAPHED AND RELEASED TO HIM. THE TOTAL AMOUNT OF
PROPERTY STOLEN/RECOVERED IN THE BURGLARY OF MR.FLORES I VEHICLE
IS $1,560. DURING THE COURSE OF THE INVESTIGATION IT WAS
DISCOVERED THAT TWO OTHER VEHICLE BURGLARIES OCCURRED DURING THE
SAME TIME PERIOD, AND IN THE SAME AREA OF COMPLAINANT/FLORES.
ALVARO BECERRA W/M 08-28-48 FILED OFFENSE REPORT (SERVICE #98-
0022552B) FOR THE BURGLARY OF HIS 1989 CHEVROLET VAN, BEARING
TEXAS LICENSE #WH6304. COMPLAINANT/BECERRAIS VEHICLE WAS ALSO
PARKED AT THE QUAIL VILLAGE APARTMENTS LOCATED 12223 QUAIL DRIVE,
AT THE TIME OF OFFENSE. COMPLAINANT/BECERRA LISTED THE FOLLOWING
PROPERTY AS STOLEN: 1-DEWALT DRILL SER#85965 VALUED AT $180, 1-
CRANE CIRCULAR SAW VALUED AT $280, 1-CRANE CIRCULAR SAW VALUED AT
$280, 1-DEWALT DRILL SER#1144 VALUED AT $180, 1-NEWTECH AM/FM
DUAL CASSETTE JAMBOX SER#704053952 VALUED AT $70, 1-MAKITA
GRINDER SER#2015468 VALUED AT $130, AND 1-CRANE CIRCULAR SAW
VALUED AT $280. THE TOTAL AMOUNT OF PROPERTY STOLEN/RECOVERED IN
THE BURGLARY OF MR.BECERRA I S VEHICLE IS $1,400. MR.BECERRA
POSITIVELY IDENTIFIED HIS PROPERTY FROM THE ITEMS REMOVED FROM
CHARLIE MARKINGS VEHICLE. MR.BECERRA I S PROPERTY WAS PHOTOGRAPHED
AND RELEASED TO HIM. A THIRD OFFENSE, SERVICE #98-0022552C, WAS
REPORTED BY ROY L.MARTIN W/M 02-26-58, AN EMPLOYEE OF IONICS
AHLFINKER WATER COMPANY. MR .MARTIN REPORTED THAT DURING THE SAME
TIME PERIOD HIS VEHICLE WAS PARKED AT THE QUAIL BROOK TOWN HOMES,
LOCATED AT 3301 GLENSHIRE, WHICH IS DIRECTLY ACROSS THE ROAD FROM
THE QUAIL VILLAGE APARTMENTS.
MR.MARTIN SAID THAT THE FOLLOWING ITEMS WERE REMOVED FROM HIS
1989 FORD PICKUP, BEARING TEXAS LICENSE #ES4596, WITHOUT CONSENT:
6-RACE TEST KITS VALUED AT $150, 1-GREY TOOL BOX WITH ASSORTED
TOOLS VALUED AT $150, 1-TOOL BELT WITH ASSORTED. TOOLS VALUED AT
$150, 1-CHECK BOOK (REGISTER ONLY) VALUED AT $5, AND 1-ELECTRONIC
CURRENT METER VALUED AT $100. MR.MARTIN CAME TO THE BALCH
SPRINGS POLICE DEPARTMENT AND POSITIVELY IDENTIFIED THE FOLLOWING
PROPERTY FROM THE ITEMS RECOVERED FROM CHARLIE MANNING'S VEHICLE:
6-WATER TEST KITS VALUED AT $150, 2-MYRON EP METERS VALUED AT
$150, 1-SKIL CORDLESS DRILL VALUED AT $100, 1-SEAL KIT VALUED AT
$20, 1-TOOL BELT WITH ASSORTED TOOLS VALUED AT $150, 1-TOOL KIT
WITH TOOLS VALUED AT $100, 1-BOTTLE OF STP BREAK FLUID VALUED AT
$2. THE TOTAL AMOUNT RECOVERED IN THE BURGLARY OF MR.MARTIN'S
VEHICLE IS $672, AND THE ITEMS WERE PHOTOGRAPHED AND RETURNED.
DURING THE INVESTIGATION IT WAS DISCOVERED THAT THE METHOD OF
ENTRY WAS CONSISTENT ON ALL THREE OFFENSES. EACH OF THE
COMPLAINANT'S VEHICLES HAD BROKEN WINDOWS.
I believe this information furnished by a fellow Peace
Officer is credible.
WHEREFORE, AFFIANT request that an arrest or capias be
issued for the aboye accused individual (s) in accordance with
the law.
Ai.FIANT
SUBS IBED AND SWORN TO BEFORE ME on this the day
of , 19
6...,44A- &AL-,
0 ARY, IN AND FOR DALLAS COUNTY, TEXAS
SANDRA CERDA
' A MT cobwasioN EMS
MY COMMISSION EXPIRES
7 October 31. 2000 (AVOD
MAGISTRATE'S DETERMINATION OF PROBABLE CAUSE
„ %4#
On this the r o day of ju4Je ,19
the undersigned Magistrate hereby acknowledges
that he has examined the above affidavit and has
determined that probableogamsg i7 for the issuance
of arrest warrant for $41e0Intltill4ual
....... (s) accused
herein. I 'es
•
%
Aid - 7011-/
MAGISRATE. IN01p S COUNTY, TEXAS
(X) FELONY ARREST AFFIDAVIT
( ) MISDEMEANOR ARREST AFTER
F ia€A//401.
S\-2A5
NORM .0,2/ Reporter
cip_w
F809279 10-'
—31"-'— Atty. for Defendant
A-Eno
THE STATE OF TEXAS,
VS.
..
'
M Wetting Judge Appellant Attorney
ALVII ERVIN. DEGRAFTENREED (appointed/retained)
RL A/ 1
I ,SOM; ,. ;, /4■ 1DEGREE • FELONY, AS CHARGED IN Date MEMORANDUM OF PAPERS FILED 1111 111
)-
1.
OFFENSE THE INDICTMENT , • ,•• • 1—
Z
1
9-i- a///01 (.0 IL
re L.) 0
1.1.I i 0 L
D
OCT I Ul
2 0 3 1995 , .. PROB VIOL MTN FI -WARRT ISMS, < 0 1 .
l 5 IL >
INDICTMENT FILEIY CT
J990
ApR 22 riia,4-0;41, o A )0y / te. I
i•-• 0 In
Ne
30.4 !LI 0
.
cc 2 <
L,1 j i 6
Copy of indictment served on Defendant Certified copy of indictment delivered
to the Sheriff to be served on Defendant
4 li°° 0. 24 50 3(4) 1 4'
in County Jail on
Pate
in the CountyJail on
Date
1
5 01 0- 1 C0
6
*.ki)) - P (4ircr■ a
a
a tAyarnn- '1%. E0 E
.., '-0
01,0
0
5 4/t ti ri Amentled PaolAwik.Trectinz,04,
C c c 0 E
CO
I - CI - c) 0
Judgment Rendered 19
N g oG S
-
,,,_ 9- 0. 94L,5-e, 7
JUN 3
- $Zinwce 1'1 R Fxmlfes\it( 10 (31 Ny Fcaii. lj u,
z
cS
/ 0 9- 0 DEC — 0 1999 PROB VIOL MTN W/DRAWN-DEFT CONT ON PROB
La cp
= cc c, LL
Book i 1
SI Page 1- u.-1
zi.
19
9
Lin eel gedi ,146,619 kr al
Rci. gocr
Sentenced
1
° RR. 4 issA 4/ (thcbi 3revit
CREDIT FOR TIME SERVED. VEIT21.11122.211-.
BY
11 V' ff-aq fe-kaira
BEGINNING ON DATE OF: 12
Attorney 13
Address 14
Received Copy of indictment on
DA. 15
Folder No. of
CAUSE NO. F90-34163-1, .
ML# C.35894
THE STATE OF TEXAS IN 'THE CRIMINAL
.)
vs. DISTRICT COURT #5
ALVIN KEITH DEGRAFTENREED ). DALLAS COUNTY, TEXAS
ORDER GRANTING DISCHARGE FROM COMMUNITY SUPERVISION
This day came to be heard the matter of determining whether.
conviction and placing the defendant on community supervision
heretofore entered in this cause should be set aside and defendant
discharged from community supervision, and the Court after hearing
evidence submitted and it appearing from said evidence that the
defendant waS charged by information or indictment in this cause for
the felony offense of
ARSON 2ND DEGREE
and on the 22ND day of APRIL , 1999 was convicted, therefore the
imposition of sentence was suspended.and the defendant placed on
community supervision for a period of 3 years;
It further appearing to the satisfaction of the Court that all
conditions of community supervision have been satisfactorily
fulfilled and that the period of community supervision has expired;
IT IS THEREFORE ORDERED that the period of supervision is
terminated, and the defendant is discharged from community
supervision.
SIGNED this 4TH day of APRIL ; 20Q.
:13W 11.
-14
JUDGE
‘7 eet/ss
e:Pflazteid,'
CRIMINAL DISTRICT/COURT # 5
DALLAS COUNTY, TEXAS
oRD-REL/CT-FoRHS (03/97)
P9034263L • '
I.
THE STATE OF TEXAS . CRIMINAL DISTRICT pun
VS. DALLAS. COUNTY, TEXAS
g .
,. BLIE111_13122pra gw -, Aran. TERN:•1999.
:• NOTION TO REVOKE
. :
PROBATION
'• •
• CONES NOW the State of Texas by and throngn-her Criminal -District.
Attorney and would show : the:'•COurt7ther..follOwing:. • ;':; • , l••••••f : • ••
• That maisuRtazajafigiunagigmbL.;:Defendant
- .. ;.. . 1.Was . duty and legally.
-Convicted in the above entitled'and nuMbered;c ause in Crimina l
Court No 5. • of Dallas county, !texas,. On the 22ND day of 'APRI.L•••:;,•-:•"'".
1996,:Of the offense of , • • • r ' •' "
ARSON, AS CHARGED IN THE xmIcniaNT .
• and placed on probation for a period of 3 years.
That Defendant has `` violated- the following conditions a. 4. e.
1. n of said'probation in that
PLEASE SEE ATTACHED PAGE 2.
„
• during
This violation-offense occurred aftermaril 22; . `` , 1996 and
term of probation.
.
WHEREFORE the State pr .Eiiis .,that ftaid.::Defehda4i be :appeit:
before this Honorable : Court!'and show cause whythe probation should not
:revoked, and that upon a - final
- .::
hearing, t44,iirafation•-. heretofore ' grant
said Defendant be reVciked. - •• ' •
' This the 19th
. day . of 13. .. , D 19
JOHN •vAiicp
cr) › - ttokriey
aa = Dallas ty Texas.
11- ,
BY:
4o— c,
i
Assistant Dietric Attorney
f tjt-Saotion was delivered to the Defendant on the .day-o
J -1 A
< •
//
probatiOn fftcer
I. received a copy of . this motion on th day:nf A:W. 2999
,
kti.# C 35894 Defendant
) akyru g
Hrvn USGRAFTENRRID . did: violate. condition ( bY.Yiolatin
. .
laws of the State of Texas : in that on -orHabontOctober '21' 1997,-'.
Dallas County. Texas he did unlawfully, thei*'-and'there,.knoWingW,
intentionally On more than one occasion:and,:-.Purstfant to the same
scheme and course of conduct directed:- specifically at another pe•rs
namely: : PAM JOHNSON, engage in . COridUct .. thatl defendant' knew and'
. reasonably believed that said person wouldregard as threatening
'to-wit::
(1) on one of Said occasions, on or about the 19th day of OCTOBER,H
1997, defendant did assault said Pm apriNscat: and by said ConduCt.
defendant did reasonably believe Said person would regard as
threatening bodily injury and death for said person, . and cause' sal
. :person to be placed in -fear of bodily Injury. and death for said tiks •
• and would: cause a reasonable 12er.don.- to fear- bodily injury and,death.
said person,and fUrther,' • . ' •
(2) on one of said occasions,. on or about the 21st day of October
1997, defendant did- go"ttv said PAW JOHNSON'S apartment complex an
threatening language toWaret, said 'PA/C.791*s* and b y said conduct
defendant did ,reasonably'believe:'isaid:persón;,WoUld regard as
-threatening bodily injury and death - for : said person, and cause sal
person ;to be placed in fear of hodilY.injurY..and death for 'Seg.:PA*
and would cause a reasonable person to fear bodily injury and death
said person '. •
ZatIMUSBITRANBAUENRIEL,
.
did violate condition (d) in that ne.,
report to'the probation-Offieerae'directellor.the months of
November, 19 97 through . April, .1999.
- ,
AzdaxiguilLoggiummkop did --.violate : condition (e) in that he move
from his last known address at 1804 ' 0er: 0414?1,feSquite on Or abOutol..
October 22. 1997 and failed- to adViSe thoi;*obatiOn officer of -hi'
new residence within twenty-four hours as directed.
, • .
AIMILVIIIILMMINEINSEBBIE did violate Condition (h) in that he did;
pay for court costs and fine as :directed 'enit--is $584.50
.
AL
vIN suITiz - '-did violate condition.: (j) in that he• die no
pay a Probation' fee: as directed and is . $1000. 00 delinquent.
) , alyinjarrajgralingiump- did violate condition (1) in that
he did not pay - restitution to CrimestoPpera-as directed and is
delinquent $25.00.
ALVIN KEITH OEGRAETENREED did violate condition (n) in that
he did not pay' Court-appointed ettorney.'feei . as directed and Is
delinquent $300. 00 . •
(9) .• .ZaingjEfa.M.REMMEMNIBiln_ did violate condition (p) in that he di
not . paY$Oestitutoi lotadirected' and is delinquent $1:269.70: .
FORM 6 PROBATION
(REV. 09/01/94)
NO. F-9034163-0L
THE STATE OF TEXAS IN THE CRIMINAL DISTRICT
VS. COURT 5 OF
ALVIN KEITH DEGRAFTENREED DALLAS COUNTY, TEXAS
JUDGMENT ADJUDICATING GUILT
COMMUNITY SUPERVISION GRANTED
APRIL TERM, A.D., 1996
JUDGE PRESIDING: MANNY ALVAREZ DATE OF JUDGMENT: 04/22/96
ATTORNEY ATTORNEY
FOR STATE: CHRIS MULDER FOR DEFENDANT: KING SOLOMAN
OFFENSE
CONVICTED OF: ARSON
DEGREE: SECOND DATE OFFENSE COMMITTED: 09/09/90
TERMS AND CONDITIONS VIOLATED AND
GROUNDS FOR ADJUDICATION: SEE ATTACHED MOTION TO ADJUDICATE
AS SET OUT IN STATES: FEBRUARY 27,1996 MOTION TO ADJUDICATE GUILT.
FINDINGS ON
DEADLY WEAPON, NO FINDING
BIAS OR PREJUDICE,
AND/OR
FAMILY VIOLENCE:
PUNISHMENT IMPOSED
AND PLACE OF 5 YEARS
CONFINEMENT: CONFINEMENT IN THE INSTITUTIONAL DIVISION
OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
AND A FINE OF $500.00
DATE OF
SENTENCE: 04/22/96 COSTS: YES
PLEA TO ENHANCEMENT FINDINGS ON
PARAGRAPH(S): N/A ENHANCEMENT: N/A
PERIOD OF SUPERVISION: 3 YEARS DATE TO COMMENCE:04/22/96
FINE PROBATED: NO RESTITUTION/REPARATION: NO
CONCURRENT UNLESS OTHERWISE SPECIFIED.
TH VOL. 361 PAGE 0047
NO F-90.34163-OL
ON THIS DAY, SET FORTH ABOVE, CAME ON TO BE CONSIDERED THE MOTION TO
PROCEED WITH AN ADJUDICATION OF GUILT FILED IN THIS CAUSE. THE STATE
OF TEXAS AND THE DEFENDANT WERE REPRESENTED BY THE ABOVE NAMED ATTORNEYS
AND ANNOUNCED READY. DEFENDANT APPEARED IN PERSON IN OPEN COURT AND THE
COMMUNITY SUPERVISION OFFICER FOR DALLAS COUNTY, TEXAS WAS ALSO PRESENT, WHERE
DEFENDANT WA O NOT PREMNTED BY COUNSEL, DEFENDANT KNOWINGLY, INTELLIGENTLY AND
VOLUNTARILY WAIVED THE RIGHT TO REPRESENTATION BY COUNSEL. AFTER EXAMINING THE
REPORT OF SAID SUPERVISION OFFICER AND THE MOTION TO PROCEED WITH AN
ADJUDICATION OF GUILT FILED HEREIN; AND AFTER HEARING THE EVIDENCE OFFERED BY
BOTH THE STATE AND DEFENDANT, THE COURT IS OF THE OPINION AND FINDS THAT SINCE
DEFENDANT WAS PLACED ON COMMUNITY SUPERVISION HEREIN, DEFENDANT HAS VIOLATED
THE TERMS AND CONDITIONS OF HIS COMMUNITY SUPERVISION AS SHOWN ABOVE. THE COURT
FURTHER HEARD ANY ADDITIONAL EVIDENCE AND ARGUMENTS ON THE ISSUE OF PUNISHMENT.
AND WHEN SHOWN ABOVE THAT THE CHARGING INSTRUMENT CONTAINS ENHANCE-
MENT PARAGRAPH(S), WHICH WERE NOT WAIVED OR DISMISSED, THE COURT, AFTER HEARING
THE DEFENDANT'S PLEA TO SAID PARAGRAPH(S) AS SET OUT ABOVE AND AFTER HEARING
FURTHER EVIDENCE ON THE ISSUE OF PUNISHMENT, MAKES ITS FINDING AS SET OUT
ABOVE. IF TRUE THE COURT IS OF THE OPINION AND FINDS DEFENDANT HAS BEEN
HERETOFORE CONVICTED OF SAID OFFENSES(S) ALLEGED IN THE SAID ENHANCEMENT
PARAGRAPH(S) AS MAY BE SHOWN ABOVE.
IT IS THEREFORE ORDERED ADJUDGED AND DECREED BY THE COURT THAT THE
ORDER DEFERRING ADJUDICATION OF GUILT, AND PLACING DEFENDANT ON COMMUNITY
SUPERVISION HERETOFORE ENTERED IN THIS CAUSE BE, AND THE SAME IS HEREBY SET
ASIDE AND OF NO FURTHER FORCE AND EFFECT.
IT IS THEREFORE CONSIDERED AND ADJUDGED BY THE COURT, THAT THE SAID
DEFENDANT IS GUILTY OF THE COMMISSION OF THE OFFENSE NAMED ABOVE AND THAT THE
OFFENSE WAS COMMITTED ON THE DATE SHOWN ABOVE AND THAT DEFENDANT BE PUNISHED
AND SENTENCED IN ACCORDANCE WITH THE ASSESSMENT OF PUNISHMENT AS SHOWN ABOVE.
THE COURT FURTHER MAKES ITS FINDINGS AS TO A DEADLY WEAPON, FAMILY VIOLENCE,
BIAS OR PREJUDICE, RESTITUTION AND REPARATION AS SET FORTH ABOVE.
AND WHEN IT IS SHOWN BELOW THAT PAYMENT OF THE COSTS OF LEGAL
SERVICES PROVIDED TO THE DEFENDANT IN THIS CAUSE HAS BEEN ORDERED, THE COURT
FINDS THAT THE DEFENDANT HAS THE FINANCIAL RESOURCES TO ENABLE THE DEFENDANT TO
OFFSET SAID COSTS IN THE AMOUNT ORDERED.
WHEN IT IS SHOWN ABOVE THAT RESTITUTION HAS BEEN ORDERED BUT THE
COURT DETERMINES THAT INCLUSION OF THE VICTIM'S NAME AND ADDRES IN THE
JUDGMENT IS NOT IN THE BEST INTEREST OF THE VICTIM THE PERSON OR AGENCY
WHOSE NAME AND ADDRESS IS SET OUT IN THIS JUDGMENT WILL ACCEPT AND FORWARD THE
RESTITUTION PAYMENTS TO THE VICTIM.
THEREUPON, DEFENDANT WAS ASKED BY THE COURT WHETHER HE HAD
ANYTHING TO SAY WHY SAID SENTENCE SHOULD NOT BE PRONOUNCED AGAINST HIM, AND HE
ANSWERED NOTHING IN BAR THEREOF, AND IT APPEARING TO THE COURT THAT DEFENDANT
IS MENTALLY COMPETENT AND UNDERSTANDING OF THE PROCEEDINGS, THE COURT PROCEEDED
IN THE PRESENCE OF SAID DEFENDANT, HIS COUNSEL ALSO BEING PRESENT, TO PRONOUNCE
SENTENCE AGAINST HIM.
IT IS, THEREFORE, ORDERED ADJUDGED AND DECREED BY THE COURT THAT
SAID JUDGMENT AS SET FORTH ABOVE, IS HEREBY IN ALL THINGS APPROVED AND
CONFIRMED, AND THAT THE DEFENDANT IS ADJUDGED GUILTY OF THE OFFENSE AS SHOWN
ABOVE,_ ANO THAT SAID DEFENDANT IS SENTENCED TO A TERM OF IMPRISONMENT OR
FINE OR BOTH, AS SET FORTH ABOVE, AND SAID DEFENDANT SHALL BE CONFINED FOR THE
ABOVE NAMED TERM IN ACCORDANCE WITH THE PROVISIONS OF LAW GOVERNING SUCH
PUNISHMENTS. IT IS FURTHER ORDERED THAT THE DEFENDANT PAY THE FINE, UNLESS
PAYMENT OF THE. FINE HAS BEEN PROBATED, AS SHOWN ABOVE, COURT COSTS,
COSTS AND EXPENSES OF LEGAL SERVICES PROVIDED BY THE COURT APPOINTED ATTORNEY
IN THIS CAUSE, IF ANY, AND RESTITUTION OR REPARATION, AS SET FORTH HEREIN.
IT FURTHER APPEARING TO THE COURT THAT THE ENDS OF JUSTICE AND THE
BEST INTEREST OF THE PUBLIC AND THE DEFENDANT WILL BE SERVED BY THE SUSPENSION
OF THE IMPOSITION OF SENTENCE HEREIN;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT THAT THE
IMPOSITION OF SENTENCE HEREIN IS HEREBY SUSPENDED FOR A PERIOD OF TIME AS SHOWN
ABOVE. THE FINE IMPOSED, IF ANY IS TO BE PAID OR PROBATED AS SHOWN ABOVE. THE
DEFENDANT IS HEREBY PLACED ON COMMUNITY SUPERVISION FOR A PERIOD OF TIME AS
INO F-9034163-QL
SHOWN ABOVE SUBJECT TO THE TERMS AND CONDITIONS OF COMMUNITY SUPERVISION THIS
DATE IMPOSED BY LAW AND BY THE COURT AND SERVED UPON THE DEFENDANT.
CONDITIONS OF COMMUNITY SUPERVISION ARE ATTACHED HERETO AND ARE
INCORPORATED FOR ALL PURPOSES AS A PART OF THIS JUDGMENT.
FOLLOWING THE DISPOSITION OF THIS CAUSE THE DEFENDANT'S FINGERPRINT
WAS, IN OPEN COURT, PLACED UPON A CERTIFICATE OF FINGERPRINT. SAID CERTIFICATE
IS ATTACHED HERETO AND IS INCORPORATED BY REFERENCE AS A PART OF THIS
JUDGMENT.
A PRESENTENCE INVESTIGATION WAS CONDUCTED IN ACCORDANCE WITH THE
APPLICABLE PROVISIONS OF LAW.
COURT COSTS IN THE AMOUNT OF $84.50
die,47
JUDGE PRESIDING
1NO:F9b-34163-L
THE STATE OF TEXAS CRIMINAL DISTRICT S COURT NO. 5
VS. DALLAS COUNTY, TEXAS
ALViN KEITH DEGRAFTENRERD JANUARY TERM, 1996
AMENDED
MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT
COMES NOW the State of TeRas.by and through her Criminal District
Attorney and would show the Court the following:
That ALVIN KEITH DEGRAFTENREED, Defendant:was-duly and legally
placed on probation for a period . of 5 . years in the above' entitled andi
numbered cause in Criminal District Court NO. 5 of Dallas County, Texas', on
the 6th day of Se p tember , A.D.19 91 for the offense of:•
ARSON, AS CHARGED IN THE INDICTMENT
That the Defendant has violated . the following conditions a, d. h, 1.
k. in of said pro ation' in that .
SEE MOTION ATTACHMENT
This violation-offense occurred after Se p tember 6, 1991 , and during the
term of probation.
WHEREFORE, the State prays that-Said Defendant be cited to appear
before this Honorable Court and show cause why the Court should not proceed:
with an adjudication of guilt on the original charge,.
This the 27th day of February A.D.1996
JOHN VA74411 , ?6,441 Age
DiStrict f
Dall---:AL (44. „4.0!: ip,/
B Aliftw_. Ad■
-F->.--
,
ccA . A.. 5, antiistrict Attorney
0178 =1
%
of th.is mot.,ieleas delivered to the Defendant on the day of
A...1). 1 W.
0
N- Probation. icer
IL •
7
I received copy is motion on the day.of. A.D. 1996.
ccp
cr, - da A4a/64i
iiefendant
/
MLit C-35894
12. (Rev. 11/88)
ORDEK JF PROBATION WITHOUT ADJUDICATI01..-DF GUILT 231/102 her
MINUTES OF THE CRIMINAL DISTRICT COURT #5
OF DALLAS COUNTY, TEXAS
NO. F90-34163-L
THE STATE OF TEXAS July TERM, 19 91
VS.
Alvin Keith Degraftenreed September 6, lo 91
ORDER
The Defendant having been indicted in the above entitled and numbered cause for the
felony offense of ARSON, A SECOND DEGREE FELONY, AS CHARGED IN THE INDICTMENT
and this cause being this day called for trial, the State appeared by her assistant Criminal
District Attorney Ann Thornton
and the Defendant Alvin Keith Degraftenreed
appeared in person and his counsel Thomas E. Mayes
also being present and both parties announced ready for trial, and the Defendant in person
and in writing in open Court having waived his right of trial by jury, such waiver being
with the consent and approval of the Court and now entered of record on the minutes of the
Court and such waiver being with the consent and approval of the Criminal District Attorney
of Dallas County, Texas, inwriting, signed by bin, and filed in the papers of this cause
before the Defendant entered his plea herein, the defendant was duly arraigned and in open
Court pleaded - Guilty to the charge contained in the indictment; there-
upon-the defendant was admonished by the Court of the said consequences of the said plea and
the range of punishment prescribed by law and that the Court was not bound by any recommends-
-tion of the prosecutor regarding punishment, and the Defendant persisted in entering said
plea, and it plainly appearing to the Court that the Defendant is mentally competent and that
he is uninfluenced in making said plea by any consideration of fear, or by any persuasion, or
'delusive hope of pardon prompting him to confess his guilt, and that he entered said.plea
freely and voluntarily, the said plea was accepted by the Court and is now entered of record
as the plea herein of the Defendant. The defendant in open Court, in writing, having waived
the reading of the indictment, the appearance, confrontation, and cross-examination of
witnesses, and agreed that the evidence may be stipulated and consented to the introduction
of testimony by affidavits, written statements of witnesses and any other documentary evidence,
and such waiver and consent having been approved by the Court in writing, and filed In the
papers of the cause; and, the Court having heard the Defendant's waiver of the reading of the
Indictment, the defendant's plea thereto, the evidence Submitted, and the argument of counsel,
is of the opinion that the evidence submitted substantiates the defendant's guilt of the
offense of ARSON, A SECOND DEGREE FELONY, AS CHARGED IN THE INDICTMENT
and that said offense occurred on the 9th day of September , 19 90 , and the Court
being of the opinion that the best interests of society and the defendant will be served by
deferring further proceedings without entering an adjudication of guilt;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above named defendant
be and is hereby placed on probation for a period of ' (5) Five YEARS AND IS ORDERED
TO PAY A FINE IN THE AMOUNT OF $500 .00 9 such period of probation to begin and
be effective as of the 6th day of September 19 '91 , subject to the
terns and conditions of probation this date imposed by law and by the Court and served upon .
the defendant by the Clerk of the Court.
Conditions ' of Probation are attached hereto and are incorporated for all purposes as
a part of this Order.
Pine is to be PAID / plemmammu
Court Costs assessed $ 84.50
This Order is entered pursuant to the provisions of Section 3d of Article 42.12, Code of
Criminal Procedure of Texas, and is not a final adjudication of guilt.
FORM APOA.1
coriorrions OF PROBATION
THE STATE OF TEXAS IN THE CRIMINAL DISTRICT COURT Nn. 5
Vs. DALLAS COUNTY, TEXAS
D . _ JULY TERM 19 91
CAUSE NO. F90-34163-r. REGULAR PROBATION
ARSON DEFERRED ADJUDICATION _______
SHOCK PROBATION
In accordance with the authority
conferreAi
have been placed on probation on this dat
by t Adult Prqtation and Parole Law o the State of Texas, you
eC ,/f?/for a period of years. It is the order of
this Court that you comply with the following conditions of/probation:
(a) Commit no offense against the laws of this or any other State or the United States, and do not possess a
firearm during the term of probation;
(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics, dangerous drugs, Inhalants .or
prescription medication without first obtaining a prescription for said substances from a licensed physi-
cian;
(c) Avoid persons or places of disreputable or harmful character, and do not associate with Individuals who
commit offenses against the laws of this or any other State or the United States;
(d) Obey all the rules and regulations of the probation department, and report to the Probation Officer as
directed by the Judge or Probation Officer; to-wit: WEEKLY, MONTHLY, OR TWICE MONTHLY AS DIRECTED;
(e) Permit the Probation Officer to visit you at your home or elsewhere, and notify the Probation Officer not less
than twenty-four (24) hours prior to any changes in your hO4 me or employment address;
(f) Work faithfully at suitable employment as far as possible, and seekthe assistance of the probation officer
in your efforts to secure employment when unemployed;
(g) Remain within a specified place; to-wit: Dallas County, Texas, and do not travel outside Dallas County,
Texas, without first having obtained written permission from the Court;
(h) Pay Court cost and a fine, if on be assessed, in go,ur uveral sums to the District Clerk of Dallas County,
Texas; COURT COST $ 5°4.0 ; FINE $ alitj 10):; payable thru the Probation Officer of
this Court at $ JD . 4 per month; first payment due on or before //-/--9j
(i) Support your dependents;
(1) Pay a probation fee of $ 40.00 per month to the Probation Officer of this Court on or before the first
day of each month hereafter during probation;
(k) Make monetary contribution in the amount of $25.00 to the Dallas Area Crime Stoppers,
Inc.,.
before
prent
iske in full to the Dallas County Adult Probation Department on or
(1) Submit to random urinalysis and or medical tests as required by the Court.
(m) Make restitution of $ 1,400.00 payable to a Probation Officer of this Court in
increments of 00 per month. The first payment is due on /1-/alabt
and each month thereafter until paid in full.
(n) Perform a total of 240 hours Community Service Restitution at 20 hours per month
as approved by the Court through the Volunteer Center of Dallas, 1215 Skiles, Dallas,
Texas 75204. Call the Volunteer Center (821-8711) oni-j s-Q6C, , and commence
Community Service Restitution on or before ---9 and complete said
Community Service Restitution on or before ,
(o) Refrain from any further contact, either in person, by phone, or by mail with Annie
Verdell. This condition is effective at commencement and during the period of
probation, as directed by the Court.
You are hereby advised that under the law of this State, the Court shall determine the terms and conditions
of your probation, and may at any time during the period of probation, alter or modify the conditions of your pro-
bation. The Court also has the authority at any time during the period of •robation to revoke your probation, or
J. / _
proceed to adjudication. for violation of any of the conditio • your prob lion set out above.
Witness our Signal day of i 19
A/W AMOW'-
bationer Ju;ige
1(
.401.1flitW l4
Probation Officer
CONDITIONS OF PROBATION (
THE STATE OF TEXAS IN THE CRIMINAL DISTRICT COURT NO. 5
VS. DALLAS COUNTY, TEXAS
ALVIN KEITH DEGRAFTENREED APRIL TERM 1996
CAUSE NO. F90-34163-L REGULAR PROBATION
ARSON DEFERRED ADJUDICATION
SHOCK PROBATION
STATE JAIL
In accordance with the authority conferred by the Adult
Probation and Parole Law of thep State of Texas, you have been
placed on probation on this date A ril 22, 1996 for a period of
3 years. It is the order of this Court that you comply
with the following conditions of probation:
.( a) Commit no offense against the laws of this or any other State
or the United States, and do not possess a firearm during•the
term of probation; -
(b) Do not use marijuana, narcotics, dangerous drugs, inhalants or
prescription medication without first obtaining a prescription.
for said substances from a licensed physician;
, (c) Avoid persons or places of disreputable or harmful character,
and do not associate with individuals Who commit Offenses
against the laws of this or any other State or the United
States;
.(d) Obey all the -.rules and regulations of the probation
department, and report to the Probation Officer as directed by
the Judge or Probation Officer, to-wit: WEEKLY, TWICE
MONTHLY, OR MONTHLY AS DIRECTED;
.(e) Permit the Probation "Officer to visit you at your home or
elsewhere, and notify the Probation Officer not less than
twenty-four (24) hours prior to Any changes in your home or
employment address; •
(f) Work' faithfully at suitable employment as far as possible, and
seek the assistance of the probation - officer in your efforts
to secure employment when unemployed;
(g) Remain within a specified place; to-wit: Dallas County,
Texas, and do not travel outside Dallas County, Texas, without
first having obtained written permission from the Court;
(h) Pay Court cost and a fine, if one be assessed, in one or
several sums COURT COST $84.50 ; FINE $500.00 ; payable
thru the Probation .Officer of this - Court at $20.00 Per
month; first payment is due on or before May 1, 1996 •
(i) Support your dependents;
RE: DEGRAETEN, .D,...9LVIN KEITH
NO: E90-34163-L .
=
'(j) Pay a probation fee of $40.00 per. month to.the Probation
Officer of this Court on or before the first day of each month
hereafter during probation'.
(k) Submit to random urinalysis and or medical tests as required
by the court.
(1) Make monetary contribution in the amount of, $25.00 to the
Dallas Area Crimestoppers, Inc. Payment is due in full to the
Dallas County Adult Probation Department on or before
August 1, 1996_,.
(m) Defendant will work and complete 160 hours of community
service at a minimum of 20 hours per month no later than
March 1, , '1999 _, at 'an approved community
service project or projects designed by the Community
supervision and Corrections Department. A processing fee of'
$50.00 payable to the . volunteer Center will required for
referrals through the Volunteer Center.
(n) Pay Court Appointed' Attorney fee in the amount of $300.00,
payable at $ 10.00 per month to a Probation Officer of
this Court on or before the 15th day of each month hereafter
until paid in full.
(o) Beginning Aril 22, 1996 , and for not less than 180 days
thereafter, you must participate in the Intensive Supervision
Program.
(p) Make restitution of $1269.70 payable to a Probation officer
of this Court in increments of $40.00 per month. The
first payment is due on May 1, 1996 and each month
thereafter until paid in full.
You are hereby advised that under the law of this State,
the Court shall determine the terms and conditions of your
probation, and may at any time during the period of probation,
alter or modify the conditions of your probation. The Court also
has the authority at any time during the period of probation to
revoke your probation, or proceed to adjudication for violation of
any of the conditions of your probation set out above. .
sk Signatures th he 22nd_ day o April 1996.
ID-
ML # 35894
JAPT4cE:PFA=.14P.P.0$111.1A4--,,,,....
IN CRIMINAL DISTRICT COURT
DALLAS COUNTY, TEXAS ,SER 00,1
. LA.SL-.NYMB fr9034143 ,IItFa Ct4,9#01:1',i
- OFFERSE,ARSON:r TIME 142021
REDUCED-COARGE.r.
es THE STATE OF TEXAS VS.
9
DEF DEGRAFTENREED ALVIN KEITH RACE_DSEX.M PUB 112461
N
1:1-',# I 9 969.lbb5,
P 000,RE0 - BY -JOg., &
-SENTENCE
APPEAL
SPECTALCONDITION,
, ,
.$ 0.00 FINE $ 0.00 COST SENTENCEJOJEIEGIN
, ADDITIONAL CREDIT FOR TIRE SERVED_
REMARKS' . 0404/00 DEFT,N0T:IN JAIL - -
'--ORDER:GRFATI WDEFfilISCHARGEFROWPROBATION - -
RETVRN ANY- AND
_ ALL WARRANTS ON THIS CASE ONLY
- -
DISTRICT CLERK " , RELEASE,INFORMATION:
DOCAA3Y.P0.11.kit U.J.04 - - - - - - - - - _
•
BY.LISTOWR
• DEPUTY tiEik 5
.i.
9,
Rev. 9/90
3
CAUSE NO. NO 4' ( 63 ei)
STATE OF TEXAS FED IN THE
.
VS. g
DISTRICT COURT if CS
91 SEP 6 AID: 6
'11( i decreA PAPtr-1,3 (t-ce9 DALLAS COUNTY, TEXAS
cg
e-44. NG
WAIVER
- 1
FELONY PLEA OF GUILTY 1 N CONTENDERE /
IN D ICT14,4 ENT-fINFORMVION
Comes now the Defendant with the consent and approval of Defendant's attorney and does in person,in writing, and in open•
court, waive the right to trial by jury and requests the Court to consent to and approve this waiver.
óy tor daot Defendant
Comes now th undersigned attorney for the State and consents to and approves Defendant's waiver of jury.
AsslsttniDlstrlct Attorney
Dallas County, Texas'
•
The Court hereby consents to and appr s Defen t's waiver of jury in this catise.
JUDGE
plot applicable.
ORDER CHANGING NAME OF DEFENDANT (IF APPLICABLE)
Comes now the Defendant and suggests to the Court that Defendant's true name is other than that set forth in the charging in-
strument and requests that the charging instrument and all other papers in this cause be amended so that the Defendant's true name
will hereinafter be shown to be:
Defendant
MOTION GRANTED. SO ORDERED.
JUDGE
DEFENDANTS WAIVERS AND JUDICIAL CONFESSION
Comes now the Defendant in open Court in the above entitled and numbered cause represented by Defendant's attorney with
whom Defendant has previously consulted and makes the following voluntary statement:
L That I am the person named in the charging instrument in this cause.
2. That I am mentally competent and that I understand the charge contained in the charging instrument in this cause and enter
my plea as set forth herein.
3. That I have been advised as to the consequences of a plea of guilty or nobo contendere including the minimum and maxi-
mum punishment provided by law and that any recommendation of the prosecuting attorney as to the punishment is not binding on
the Court.
4. That I understand that I have the right to a trial by a jury whether I plead 'guilty", "not guilty" or 'nob o contendere".
5. That I have the right to remain silent but if I choose not to remain silent, anything I may say can be used against me.
6. That I have the right to be confronted with the witnesses against pre whether I have a trial before the Court or the jury.
7. That I have the right to be tried on an indictment returned by a grand jury. -■
However, I desire to waive and do waive the following rights:
1. I waive the right to be prosecuted by a Grand Jury Indictment and announce my election and consent to be charged by an
Information, where trial is not by Indictment. ti
• t-
2. I waive any defect, error or irregularity of form or Substance ydckarging instrument.
3. I waive arraignment and the reading of the charging instrument. 4-
4. I waive my right to remain silent and state that! will testify and make a judicial confession of my guilt knowing anything
may say can be used against me.
5. I waive in writing and in open court the appearance, confrontation and cross-examination of witnesses, and I further con-
sent to an oral or written stipulation of the evidence and testimony and! agree to the introduction of testimony by affidavit, written
statements of witnesses, a judicial confession and any other documentary evidence.
6. I waive any additional time for arraignment or preparation for trial, and! waive the right to a 10 day waiting period for trial
after the appointment of counsel (if counsel appointed) and announce ready for trial.
7. I waive the right to a pre-sentence investigation and report and request that none be made. If a pre-sentence report has
been made,I agree that the Court might review it concerning punishment.
8.'! further understand that where there is a plea bargain agreement and the punishment assessed by the Court does not ex-
ceed the agreed recommendation, I do not have the right to appeal without permission of the Court, except for those matters raised
by written motions filed and presented to the Court prior to trial.
Edo (arthzradmit and judicially confess that I am the pen named n the charging Instrument and that I understand the
charge con ed therein and:
‘7 I am GUILTY of the offense of AP—Sa03 i 414„,c
exactly as alleged in the charging instrument Including any amen/ents or modgications thereto andleass that I did on-
lawfully commit the said offense In Dallas County, Texas on the day or t.„,!.. orr—
OR
I plead NOW CONTENDERE to the offense of
exactly as alleged In the charging instrument Including any amendments or modifications thereto and understand and agree
that the Court can consider the evidence and stipulation of testimony in determining guilt;
and I further state that my plea is made freely and voluntarily and is not influenced by any consideration of fear or any persuasion
or any delusive hope of pardon, and I request the Court to consider probating any sentence imposed.
I further understand that in the event that I am convicted, unless I waive the right to appeal or am precluded from appeal by
acceptance of a plea bargain agreement that is followed by the Court, as set out in paragraph 8 herein, I have the legal right of ap-
peal and also the right to be represented on appeal by an attorney of my choice, or if I am indigent and unable to pay for such at-
torney or the record on appeal the Court will, without expense to me, provide an attorney and a proper record on appeal.
I agree that the Court may consider my judicial confession as evidence in this case.
I understand that if! am not a citizen of the United States of America a plea of guilty or nob o contendere for the offense charged
may result in deportation, the exclusion from admission to this country, or the denial of naturalization under Federal law.
Having read all of the above waivers, consents, agreements and statements and having had them explained to me by my attor-
ney, I now request the Court to accept them and I state that they are made voluntarily, kno%jjingl y, and int4gently and I further
t the statements contained in my judicial confession are true and correct. This the day of
Defendant
ATTORNEY FOR DEFENDANT
I have consulted with the Defendant concerning the plea in this case and I have advised the Defendant of the Defendant's rights
and the charge to which the Defendant is pleading. I believe the Defendant to be competent and approve and agree to the waivers,
agreements and statements that the Defendant has signed herein. I agree and consent to the waiver of indictment if prosecution by
information, waiver of defects in charging instrument, agreement to stipulate testimony,
.
waiver of additional time for arraignment
or 10 days to prepare for trial, waiver of arraignment, waiver of jury trial and I ask the Court to accept said waivers and agreements
and! announce ready for trial and enter Defendant's plea of GUILTY / frir..■■■■•••,L:::+:1013.4 • fore the Court.
Dad) „. A orney for Cele
State Bar No. ' )1 OW
ATTORNEY FOR STATE •
Before the entry of the Defendant's plea herein, the above requests, waivers, agreements and stipulations are hereby consented
to and approved by me, the attorney representing the State. ' =
A
Date Assistant District Attorney
Assistant
Dallas County,'pm. 8,
State Bar No 'LAC (0 e) 1100
JUDGE
It clearly appearing to the Court that the Defendant is mentally competent and is represented by competent counsel and that
said Defendant understands the nature of the charge against the Defendant and that the Defendant has been warned by the Court
of the consequences of the plea entered herein including the minimum and maximum p • ent provided by law, that the Defen-
dant, attorney for Defendant and the attorney for the State consent to and appro waiver of • by jury and agreement to stipu-
late the testimony in this case, the Court, therefore, rinds such plea, and all rs, agreem and consents contained herein to
be freely and voluntarily made and, accepts the Defendant's plea and appr the co • o stipulate testimony. •
—4130,
Date •G
Drawer #7
Cause No. fig0
THE STATE OF TEXAS IN THE 06AntA144-
V. S F1LEDDISTRICT COURT 4#5›
A te_A•k-t,„ ,,e_04excere DALLAS COUNTY, TEXAS
e6a
PLEA BkinpspIREfi rpt 6
TO THE HONORABLE JUDGE OF SAID COURT: •
Comes now Defendant, Counsel for nt, and Counsel for State
herein and would show that a plea bagi reement has been entered
into between the undersigned, and that under the terms of said agree-
ment the defendant agrees and reques-t-s—t-hatDEV6resentence investiga-
tion report not be made, and both sides agree they will waive their
right to a jury trial and agree to and recommend the following:
Defendant will plead ‘// v/ guilty nob o contendere
Defendant will testify will not testify
confinement in Penitentiary for years
confinement in a community correctional facility for
days
confinement in Dallas County Jail for days
fine of $
NO PROBATION -
•Z
PROBATION TO BE GRANTED FOR years subject to all
the terms and conditions imposed by the trial court.
Further, the judge, as provided by Article 42.12, Sec. 11
V.A.C.C.P., may at any time during the period of probation
alter or modify the conditions.
supervised work or community service for hours as
provided by Article 42.12, Sec. 16 and 17 V.A.C.C.P.
SBOCK PROBATION TO BE GRANTED days after sentence,
subject to good behavior of defendant while incarcerated.
participation in SPECIAL ALTERNATIVE INCARCERATION PROGRAM;
probation to'be granted days after sentence subject
C good behavior of defendant in program.
—
Restitution of $ ft -i) to be paid by defendant.
Conviction to be as follows:
v// Felony Misdemeanor
Non-conviction Deferred
Probation
Defendant's back time date is:
Additional provisions of the agreemept are: 4, Co liD (AAA re_
The undersigned certify they have read the terms of the above agree-
ment and that it fully contains all the provisions of said agreement.
JOHN VANCE
DISTRICT ATTORNEY
DALLAAOUNTY, TEXAS 1 endant
By dA.4
Assistant District Attorney Couns for De dant
Defendant's agreement and request that entence investigation
report not be made is hereby appr e Court. If a victim
impact statement has been retur State, a copy of said
statement shall be turned over t by the State's attorney
prior to the Court's acceptance
U.
Rev. 8/91
No. r1/43 35t / (;)
STATE OF TEXAS VS. • IN THE CA444E1DISTR/CT .A1,1510
FILED
Aiqu3iCt:im i fc-tearlyreecf COURT OF DALLAS COUNTY, TEXAS
91 SEP 6
•COURT'S ADMONITION OF STATUTORY AND CONSTITUTIONAL
11
6: tri
RIGHTS AND DEFENDANT'S ACKNOWLEDGMENT
V14)Nr
Thee Court hereby admonishes you . of the
. 11.
, . wing Statutory and Constitutional
Rights prior to your entry of a plea of guilt Ar
dao contendere in this case pursuant
to Article 26.13 of the Texas Code of Criminal litmlure and the Constitutions Of -
Texas and the United States of America:
1. You are charged with the crime of )41P OIsj / a A.A.d_ol,e9
/
-4.:s-a..b.....A.0
and the range of punishment is -11..t...5 -k-- etta TbeciA,4?
13.4.- Grt1 i.ANAJ1 b 4
\I Lit 1-b to , afit •
2. Any recommendation as to what your punishment should be by the prosecuting
attorney is not binding on the Court. I will follow the plea bargain agreement in
this case, if there is one, unless evidence is presented that makes me unable to do
so and, if so, I will tell you and allow you to withdraw your plea. .
3. If the punishment I assess does not exceed the punishment recommended by
the prosecutor and agreed to by you and your attorney (the "Plea Bargain Agreement")
you cannot appeal this case without my permission except for matters raised by
written motions filed prior, to trial.
4. If you Ure not a citizen of the United States of America, a plea of
guilty or nob o contendere before me for the offense charged may result in your
deportation, the exclusion from admission to this country, or a denial of
naturalization under Federal law.
5. If you have a Court appointed attorney, you have a right to have ten (10)
days from the date your attorney was appointed to prepare for trial. You have a
right to have two (2) entire days after being served a copy of the charging
instrument to be arraigned unless you are on bond. You have a right to be tried on
an indictment returned by the grand jury.
6. If you receive deferred adjudicat er it is found that you have
violated your probation you may then be and the Court can then set
your punishment anywhere within the r by law.
ACKNOWLEDGMENT
I have read the above and foregoing admonitions by the Court regarding my
rights. I understand the admonitions, and I understand and am aware of the
consequences of my plea. Furthermore, my lawyer has explained to me all of the
admonitions given by the Court in ths document.
Signed this (al day of
flEfigh■
OR EFENDANT D ENDANT
\\n/NvvI .A Itorti FS NI I i\-)
':
PRINTED NAME OF COUNSEL PRINTED NAME OF DEFEND T
BAR CARD NO. V 14:100C)
I 0.
NOTICE OF DISPOSITION
IN.CRIMINAL DISTRICT cpuir 5"
DALLAS COUNTY, TEXAS SEQ 0011
4 ---CASE-ROMBEITT=T5S211-6-8 DATE 120999
OFFENSE ARSON TIME 102923
6 REDUCED CHARGE
7 ,
8 *ESTATE OF.TEXAS:.VS.
9 DEF DEGRAFTENREED ALVINKEITW, 0.: SEX M 0013:112444,;,
-131i0-9-e01-5553
DISPOSED. BY
SkNiENCE7
r^" 14
,
.3 : YRS TO TDC PROBATED. • 'APPEAL
•
15
---
16 SPEC1AL CONDITION MNT
17
19 - , -
20 500 00 FINE $ .9440-0=.1T- SENTENCE 10 ;:?px.
_
21 -AppiTIONAL
. _ _FOR ,TIME SERVED
22
23 REMARKS . 12/09/99 7. DEFT NOT IN JAIL - - - - - - - - - - - - - - - - - -
24 P/V MOTION WITHDRAWN, DEFT CONTIN ON PROBATION
25 i,t .i , URN-ANY AND ALLI.JARRANts oN...111.1s. N.Ev"
26
27
28 JIM HAMLIN -
29 DISTRICT CLERK • • RELEASE INFORMATION.
30 DALLAS COUNTY, TEXAS J REMARKS - - - - - - - -
31
32 BY,LI STON :R
33 DEPUTY 'CLERK;:.
34
35
36
37
38 •
39
11
49
50
51
52
53
54
55 '
56
\5.7
• • i.*yr.".11
THE STATE OF TEXAS CAUSE w tt 9 .A .
VS. • '' CRIMINAL DISTRICT COURT 116.5
Alop. DALLAS COUM10/4
EXAS
STATE'S MOTION TO WITHDRAW ITS MOTION TO 00%4IATION
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now the District Attorney of Dallas County, Texas,
by and through the undersigned Assistant District Attorney,
and in the above cause respectfully. requests the Court to allow
the State co withdraw its Motion to Revoke Probation herein. and
to continue the Defendant on probation. • •
Respectfully -submitted.
BILl. HILL
DISTRICT ATTORNEY •
DALLAS COUNT IA
°'''
Ank 40110
A staA 0 trict Atto
•
The foregoing State's Motion to Withdrav its MOtion to
Revoke Probation having been presented: to the Court,. same ill
hereby. in all thingX granted, and the Defendant is (continued
an i probatioa) (discharged from probation) (ordered released
A
fro g custody). •
4
1
REV. 1/87
NO BOND: BOND AMOUNT
CAUSE NO. F9034163L
THE STATE OF TEXAS CAPIAS ISSUED
This 21st day of November A.D. 1997
r
vs. Honorable MANNY ALVAREZ, Judge
Criminal Districto t No. 5
ALVIN KEITH DEGRAFTENREED
Defendant DSO #: 0471578
DATE OF. BIRTH: 11/24/61 LAST KNOWN IDRESS: At Larae
RACE:X/3X MALE L, FEMALE 1804 Del Oak
HAIR: Brown EYES: Brown ljo Mes quite, TX75149
HT: 519 " WT: 180 lbs.j
Offense: ARSON
To any Sheriff or any Constable of the State of Texas:
YOU ARE HEREBY COMMANDED to take the body of
ALVIN KEITH DEGRAFTENREED who has been charged by indictment for a
felony offense and placed on probation, and him safely keep so that you
have him before the Honorable MANY ALVAREZ, Criminal District Court
No. 5 of Dallas County, Texas at the Courthouse, thereof in the City of
Dallas,,pstanter, then and there to answer THE STATE OF TEXAS against
th,esaidoALVIN KEITH DEGRAFTENREED for violation of the conditions
ofprobAtion in Cause No- F9034163L
State of Texas vs. ALVIN KEITH DEGRAFTENREED
HEREIN-FAIL
,
NOT, but have you then' and there this Writ, showing how
You haVe executed the same. •
$i:ven under my official seal of said Court of Dallas County,
this 2tST day of NOVEMBER A.D. 1997
ATTEST Canx
Bill Long, District. Clerk Judge Ma y Alva z,
Texas Criminal Distri t Court No.5 TMC
Dallas County, Texas
By
De ty
SHERIFF'S RETURN
Came to hand this day of
RETURNED on this day of , A.D. 19
-Mileage $
Fees Sheriff County.
Total By Deputy
FORM 966-J
APPEARANCE BOND (AFTER INDICTMENT-FELONY-PERSONAL BOND) 2._
THE STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS:
THAT I, ......... dee/.............
as principal, and being the defendant in the charge referr d to
OF TEXAS
e 0j:
n, am held and firmly bound unto THE STATE
r
-&es •
in the penal sum of ............................................. ($ ..................... ) DOLLARS, payable to said
State, and for the payment of which sum, well and truly to be made, I do bind myself, my heirs, executors, and admin-
istrators, jointly and severally by these presents; and in addition thereto, I am bound for the payment of all necessary
and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the
event I fail to appear before the court or courts provided for herein at the time Stated herein; the amount of such ex-
pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and
truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally.by these
presents; this bond shall be valid and binding upon me as principal, for my personal appearance before the court desig-
nated herein and before any court in which this cause may hereafter be pending at any time when, and place where,
my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for
any and all subsequent court proceedings had relative to the hereinafter described charge.
CONDITIONED, that, whereas, I as p 'ncipal, now in legal custody of the Sheriff of Dallas County, Texas,
charged in due form of the law in the JfilliinferDistrict Court f Dallas County, Texas, in Cause
No .PA:' 4. 3V/6 , and styled the State of Texas vs. ..............................................
with a felony offense, and who by the order of the judge of said court has been required tegiv y personaLhond
the sum set out above, conditioned for my personal appearance before said last named court on the ./.?" day of
: 4.4)
............................... A.D. 19 971 at 9 o'clock A1-114., or upon notice by the court, and
any other ourt provided for herein, to answer the said above described charge now pending against me and for any and
all subsequent proceedings had relative to the charge. Now, if I as principal_shall make my personal appearance as
4
provided for herein before said le----/- -44mgac District Court of Dallas County, Texas, in the Courthouse in
the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis-
charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro-
vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other
court to which said cause may be transferred, at any time when, and place where, my presence may be required under
the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and
term to term of any such courts in which or before whomever said charge is pending, for any and all subsequent pro-
ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void,
OTHERWISE to be and remain in full force and effect.
9 19... r
WITNESS my hand this VPAri day of..... 41,
/ 1", Ortrfiga........
-
Signature of Dc ... t as Principal
/ Z
‘ -Tff
6r6(1.5ea--
Mailing Address of Defendant as Principal herein
75 - P-7 71(A
"C Azo.... CfRF 0 cATT:g.
Name of Employer or Business
/5c7 'o / /-
Place of Employment (Street Address)
"I swear that I will appear before the - lot*, "Wratal District Court of Dallas,County, Texas at the
.
Courthouse in the City of Dallas, in Dallas County,-Texas, on the e" "- day of ..............
A.D 19,097, sa f 1..41
o'clock,41—M., or upon notice by the Court, or pay the court the principal sum of
7
r :4;443 71/
- ($ -r4r. ) DOLLARS, plus all ary dreasonable expenses incurred in
any arrest for failure to appear."
/Tv, cor-
,411,011P
Affiant-Defe
SWORN to and subscribed by ............................................ before me, on this............... day of
A
ne,................. L AI 1
1 6t M
CIA) CD .5
, Clerk of dcial District
ty, Texas
........ , Deputy
The foregoing bond taken and approved by me A. D. le
"dieRetiti-District Court
Dallas County, Texas
DEFENDANT'S PERSONAL DATA
g
Defendant's Mil name: e le„..3
Aliases or nickname.
Home address: ........... .................................................................................................. For ................. years
Previous address: .............. ........................................................................................... For .................. years
Phone: ............................ .................................. Birthdate: ....................................................................
Birthplace: ...................... Education (yrs.) ...................
Ht: ....................... Wt: ... es: ........................ Hair: .....................................................................
Res. Dallas Co. (yrs) ........ f unemployed, how long.
Name of present employer: ............. His address: .....................................................
Phone: .............................. Type of work:
Name of supervisor: ................................ Employed since:
Approx. TOTAL earnings past twelve months (aft ow): $ .........................................................................
Name of former employer: ............................................ ...... His address: .................................
Phone: ............................. Type of work: .........................
Name of supervisor: .................................................................. ......... Employed from to ...............
Reason for leaving:
Marital status (circle) S MWD Sep. ALL minor chi] No
Spouse: ...................................................................... Add
Church & Pastor ..................................................................
Home: Rent? ...................... Own? ............... Monthly rent or pa
Military service (circle) A AF M N CO From ..............................
Type discharge: ............................................................... Pension? ............. Amt: $ .......................................
Auto: Make .......................................................... Body type ....................... .......... Model
Auto license No............................................................. Texas or .................................................. Oper. Comm.
Chauf. Driver's license No. ............................................................................. Expires ........................................
Social Security No. .......................................................
Three Dallas County Residents who will ALWAYS know your whereabouts:
I. Name .................................................................. Address .........................................................................
Phone .................................................................. Relationship
2. Name .................................................................. Address .....
Phone .................................................................. Relationship
3. Name .................................................................. Address .....
Phone .................................................................. Relationship ................................................................
How many times have you been arrested before? ....................................................................
Have you ever been convicted of an offense other than a traffic ticket?
Describe time, place and nature of offense: ........................................
Have you ever been on probation? .................................... Offense ....................................................................
Officer ............................................. Address ........................................................... Revoked?
Discuss ........................................................................................................................................
Have you ever been on parole? ......................................... Offense ....................................................................
Officer .................................................... Address ........................................................... Revoked?
Discuss .......................................................................................................................................
Have you ever been on bond? ................ How many times? ........................ Charges ..................
................................................................................... Name of bondsman ...............................
Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli-
cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and
understand that any false statement made herein may be grounds for the Court to withhold or withdraw my personal
bond at any time. I agree to allow the Court to contact any of the people at I have listed above to verify the inform-
ation furnihqd by me.
Date: .
Defendant's 6iknature
•
0
0
as
1
FORM 3664
APPEARANCE BOND (AFTER INDICTMENT-FELONY-PERSONAL BOND)
THE STATE OF TEXAS
COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS:
THAT I, .........
as principal, and being the defendant in the charge referria to erein, am held and firmly bound unto THE STATE
e
...raZt, •
OF TEXAS in the penal sum of ............................................ ($ ..................... ) DOLLARS, payable to said
State, and for the payment of which sum, well and truly to be made, I do bind myself, my heirs, executors, and admin-
istrators, jointly and severally by these presents; and in addition thereto, 1 am bound for the payment of all necessary
and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the
event 1 fail to appear before the court or courts provided for herein at the time stated herein; the amount of such ex-
pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and
truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally by these
presents; this bond shall be valid and binding upon me as prindipal, for my personal appearance before the court desig-
nated herein and before any court in which this cause may hereafter be pending at any time when, and place where,
my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for
any and all subsequent court proceedings had relative to the hereinafter described charge.
CONDITIONED, that, whereas, I as p 'ncipal, now 19 legal custody of the Sheriff of Dallas County, Texas,
charged in due form of the law in the ;_,..:D
JuiligiltSistrict C,o27 4allas County, Texas, in Cause
Prof,' s-va, and styled the State of Texas vs. Cr--4"-``"3
with a felony offense, and who by the order of the judge of said court has been required tegive y personaLyond
the sum set out above, conditioned for my personal appearance before said last named court on the .......... day of
1
............................... AD. 19 9 at ..... .......... o'clock............... or upon notice by the court, and
any other ourt provided for herein, to answer the said above described charge now pending against me and for any and
all subsequent proceedings had relative to the charge. Now, if I as principal_shall make my personal appearance as
provided for herein before said ....................................District Court of Dallas County, Texas, in the Courthouse in
the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis-
charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro-
vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other
court to which said cause may be transferred, at any time when, and place where, my presence may be required under
the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and
term to term . of any such courts in which or before whomever said charge is pending, for any and all subsequent pro-
ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void,
OTHERWISE to be and remain in full force and effect.
WITNESS my hand this .....Ce"*" day of............................ik 19 r
... ,117,
Signature of De t as Principal
/ 32
&c /-foidseerft......................................................
Mailing Address of Defendant as Principal herein
75-7
C3-- P-15.7(R. &vie..................
Name of Employer or Business
51
1 7 eke-AS/MIT 5ui74— / /6.1-
Place of Employment (Street Address)
...)$,..-d —40=01 District Court of Dallas,County, Texas at the
"I swear that I will appear before the ............................
2
Courthouse in the City of Dallas, in Dallas County, Texas, on the (" day of
fr
AD 19,,Zak ...f ".... o'clock M., or upon netice by the Court, or pay the court the principal sum of
f
•3 - --
($ ...................... ) DOLLARS, plus all.......... ary d.realionable expenses incurred in
any arrest for failure to appear."
Dant-Defe
SWORN to and subscribed by ........................................... before me, on this ......... l................ day of
ne.......... A.D. 19.. it” NctmC.th
LL Lwv,
.
y
Clerk :Of
cog
udicIal,District
ty, Texas —
GO....... ;Deputy
The foregoing bond taken and approved by me ....................... , A. D. 1912.P
(Pst McDowell)
• .0
Judge, .. $-District Court - " Ur--
Dallas County, Texas
DEFENDANT'S PERSONAL DATA
Defendant's full name: &eirob td-f-Za
Aliases or nickname:
Home address: ........... .................................................................................................. For ................. years
Previous address: .............. ........................................................................................... For ................... years
Phone: .............................. It . ..................................
-
..................................................................................................
Birthplace: ............................... Education (yrs.) ....................
Ht: ....................... Wt: .................. Mk ea: ........................... Hair'..................................................................................
Res. Dallas Co. (yrs) ............................ ........unemployed, how long: .....................................................................
Name of present employer: ......................... ............................... His address:
Phone: .............................. Type of work:
Name of supervisor: .............................................. Employed since:
Approx. TOTAL earnings past twelve months (afted ins): $ .........................................................................
Name of former employer: ............................................. ..... his liddreSs: .........................................................
Phone: ............................. Type of work: ...............
Name of supervisor .................................................... .............. ......... Employed from .................. to ...............
Reason for leaving:
Marital status (circle) S MWD Sep. ALL minor chil en (No. .........................................
Spouse: ....................................................................... Addre
Church & Pastor .....................................................................
Home: Rent? ...................... Own? ............... Monthly rent or pa
Military service (circle) A AF M N CG From .............................. ........ to ...........................................
Type discharge: ............................................................... Pension? ............. Amt: $ .......................................
Auto: Make ........................................................... Body type ............ ........... .......... Model
Auto license No.............................................................. Texas or ........................ .......................... Oper. Comm.
Chauf. Driver's license No. ............................................................................. Expires ........................................
Social Security No. .......................................................
Three Dallas County Residents who will ALWAYS know your whereabouts:
1. Name .................................................................. Address .........................................................................
Phone .................................................................. Relationship
2. Name .................................................................. Address .....
Phone .................................................................. Relationship
3. Name .................................................................. Address .....
Phone .................................................................. Relationship
How many times have you been arrested before? .....................................................................
Have you ever been convicted of an offense other than a traffic ticket?
Describe time, place and nature of offense: ...................................................................................
Have you ever been on probation? .................................... Offense .....................................................................
Officer ............................................. Address ........................................................... Revoked?
Discuss .........................................................................................................................................
Have you ever been on parole? ......................................... Offense .....................................................................
Officer ............................................. Address ........................................................... Revoked?
Discuss .......................................................................................................................................
Have you ever been on bond? .............. How many times? ........................ Charges ..................
.................................................................................... Name of bondsman ...............................
Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli-
cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and
understand that any false statement made herein may be grounds for the Court to withhold or withdraw my personal
bond at any time. I agree to allow the Court to contact any of the people t I have listed above to verify the inform-
Defendant's a re
53
0
2
5.
g
mot ."...F9034163L
THE STATE OF TEXAS CRININAL . DISTRICT COURT NO. 5
VS. DALLAS COUNTY, TEXAS
APRIL TARN. 1099
AMENDED
MOTION TO gmvors PROBATION
-
the State of Texas by":andthronWher•OriAinal District.
COMES NOW
-. Attorney anctwonld. show tile Court the following -
. . That ALVIN Kluft DEGRAPTEAREED' , Defendant, was duly" and legally
.
, .•
' . convicted in the theve'entitledend nunbarOdcAUSe in Criminal DiStrictr
Court No 5 of Dallas County, Texas, on the 22ND day of.APAIL
"
19:WPf:the:offeneeref • ' "
ARSON,A,BCRARGED,IN:THEjNDICTNEAT
:
Placed on'probation for •A period of 3' years. .
at'Defendant has Violated th following conditions
That d. 6.11.
n Aof Said probation.i. that -
PLF,ASE SEE ATTACHED PAGE 2.
This violation-offense occurred.afterAvril 22. 1996
-...
and'cinring'.the.
of probation.
‘ teitm
,
p y
WHEREFORE, the 'state ra s : that said Defindant.be_cfted to aPPO4P .
b efore this Honorible c Court . 4fid.8hOw case..TAW.the.PrOlation should h .be
.revoked; and that upon a final hearin g , tha-...- PY4hation"heretOfore,:Oiad
said Defendant, be revoked.
This the 19th day of April .
JOIN; VANO.H*,
,ttOrpsY..
DallasflJdfl tY,
Ext.
.
.1 0*-.4,c Attorney
-AS0sta
-.-
A:cOpTot..thisAlotion - was delivered
-.. to the Defendant
... on .. the,.. day 0
' . .-
,. . , A.D. 1999.
,
• Probation Officer
. received a copy of thiemcitiOn on the
' -
day of A. 199
. )1114 CH35894 - oefendant..., gt
- •
AMENDnI4OTIQN TO REVOKE PAGE 2.(-"1
RN: ALviN DRORARTNNREED
NO: 1'90341631,c
(1) NimN 133rM:pRGRANTRRNERD did violate.condition(a).by
.
violating the
laws of the State of:Texas.in that . ** otaboutOtto . er 21. 1997 in
Dalla# county,- Texan he did unlaWf411Y,then.,4n4 there knowingly and
intentionally on more than one occapion - and , pUrsuant to the anie
scheteand-COUrse of CondUCt . diredtedsOedifidallYat anotherA3ata9Pc.'
namely: PAR JOHNSON, , en:gag e : in ,
. condudt_thet.. dafendani knew and
reasonably believed that . said pereOrfvouWregard as threatening:,
(1) on one of said occaniona, On or about the 19th day of OCTOBER,,
1997, defendant did assault said PAK401000111mdb y said conduct
:
defendant didO reaSonably-balleVe-aaid4erootifwould
i ,
regard as
. threatening b d lk.1nJark
' Onddeath fOrsaidi3OaraOnand-,01.104:liaid:
. 1
person to bel?laced inJear Oftb0d1.1y : injUry ,-andAeath for said
and would cause eCreaeOnable PersOm.tofedr:bodily'inJurY:401;d04th;gOr
said person,and'further,
(2) on one of said occasions, on-Or : ebout-the : . 21st.day of October,
1997,- defendant did go to said PAN onusow's apartment complex and used
threatening language to.W#4 8 0.4.Phit4PHREON' and.:.b y said cent:144—
defendant 'did reasionably,balieVenaid.persoh ohid:negerd-e0.
threatening bodily injury and death for ea Wperson, and,canse:e44...
,PersOn:to.be placed in fear of Wily injurk-and.deathjOr'naidj.00tRon;
. and would cause a reasonable person to fear bodily:injuryand;:deatii:por..
said-person.-.
.
'ALVINACRITRIN194ArENEW did violate condition (d) An,thai:he*tiso
.
' report to the probation a0Aireoted10,the months of
November, 1997 through, April,
. 1099.:
, ,
..(4) ALEINARDMARMETIMPAIZAid violets . CtinciitIOriAOY 41 thatAinmDved,-.
from lastOcoOn.addt000:atlto4'bel.-00",,M0*P ite:ori'or::ObOut l :
October-22. 1997
. and : Iiiiledto adVisiAhn,P -.
'4110?reSidence witbin.tOenty-four hours, as
-(5) AIVINACEITH DpGRAMMR111611,', did 0late 004 '6;1
pay for court costs &aline as directed
(6 did violate cc in .t at he did not
)
pay a : probation fee as directed and is $1.00.:00--delinguent. -
AZIMA
rs .
, 4
did violate condition (1) in t
he did not pay restitution to Cri m es tOPP a rs as diFected
delinquent $25.00.
ALUILIBITIUMOBAMEZIED_ did Violate ycondition (n) in that
he did not pay Court-appointed attorne fees as directed and JO
delinquent $300.00 .
(3) 11193ffaMILUAGEMBERWEL
p did violate condition (P) in that he did
not aymestitutA0nras directed and is delinquent $1.269.70
ce:
;
94;
44
• .s."\v.
ORIN
PROBATION VIOLATION
.CAUSE NO. F90341631,
THE STATE OF TEXAS gabaan_IMBUNR
This day of November A.D. 1997
21st
VS. . Honorable MANNY ALVAREZ, Judge
Criminal District Court No. 5
ALVIN KEITH DBGRAPTENREED
Defendant DSO #: 0471578
DATE OF BIRTH: 11/21/fil LAST KNOWN ADDRESS: . At Lame
RACE: 11 x MALE - 1804 Del Oak
HAIR: =MID_ E T : EXPEND Nesaulte. PK 75149
HT:
5'9 " WI: 180 lbs.
Offense: ARSON
To any sheriff or any Constable of the State of Texas
YOU RE HEREBY COMMANDED to take the body Of
ALVIN KEITH DEGRAFTENREED ' who has been Charged by .indictment.fOr.a.
felony offense and pleced'on:probatiOn, and bitir . eafelY keepsOthatA!OU!
have him before the Honorable MANNY ALVARE Crilninal'Oidtrict Cour t
No . 5 of Dallas County, Texas at the Courthouse, . thereof-in the City01::
instanter, then andtheretC:answei-THW .STATE OF,TEZAS,against
the said ALVIN:KEITH DEGRAFTENREED for Violation of:the'conditione
of probation in Cause No. 111.03063L
State of Texas ve, ALVIN KEITH DEGRAFTENREED.
MEIN FAIL NOT, but have ynu then And there this writ, thOwing
,you have executed the same.
. Gi ficial seal of said Court of Dallas County, Texas,
zigg day of /MEL A.D. .1997,,
Gge-,7
lerk j
udge
Mar* A1va;m2,
criminal Distria Court No .5
• Dallas county, Texas
EARDEEILEBKoli.
Came to -hand this day . of , AD 19
day of • , A.D. 19
NO: R90341631.
ThE STATE OF TEXAS CRIMINAL
. „ DISTRICT
. COURT NO.
vs. DALLAS COUNTY, TEXAS
AME-SalniigannERMINR OCTOBER TERM, 1997
NOTION TO REVOKE PROBATION
COMES NOW the state of Texas by and through her Criminal District
Attorney and would show the Court the following:
That NILUKINIZILDNONIEZNENNNIL, Defendant, was duly and legally
convicted in the above entitled and numbered cause in Criminal District
court No. 5 of Dallas County, Texas, on the 22ND day of APRIL , A.D.
19Nfi of the offense of
ARSON, AS CHARGED IN THE INDICTMENT
and placed on probation for a Period of 3 Years.
That Defendant has violated the following conditions a, e.
n of said probation in that
, PLEASE SEE ATTACHED PAGE 2.
p
This violation-offense occurred afterA ril 22. 1996 and 'during the
, term of Probation;
•
. WHEREFORE, the State prays that said Defendant be cited to .appear
before this Honorable ,court and Shaw cause whttbe . kobetion shoUld.nOt.be
rOVOKsd; ' and that upon a final hearing, the probation heretofore granted.
said Defendant be revoked.
This the 21st day of November A.IL'i9p72 .
cz,
JOHN VANCE
District Attorney
Dallas ; JTex-Ns
BY:
Trk- Assistant District Attorney
- Zne
A Copy of thiC
1
111111
Motion wa delivered to the Defendant on the day of
7-A.D. 1997.
Probation Officer
I received a Copy Of this motion on the - day of A.D. 1997... ,
mL# C '35894 Defendant
OTION TO REVOKE PA6S-2.
RE: ALVIN DEGRAPTENRESD
NO; F903416311
,
( 1) ALIGEHAMEJIIIMEEMBEM did. violate . condition . .( a) by violating the
laws of the State of Texas in that on or aboutOctober gt. 1997 in
• Pallas County Texas he did unlawfully, then and there knowingly and
intentionally on more than One occasion and Pursuant to the same
and course Of conduct directed specifically at another person,
: scheme
namely PAm JOHNSON, engage in conductthet-defendant knew and
,reasonably believed that said person Wouldregard as threatening:, -
- to-wit: •
(1) on one of said occasions, on or about the 19th day of OCTOBER,
1991, defendant did assault said PAM JOHNSON and by said conduct:
defendant did reasonably believe said person would regard as
threatening bodily injury and death- for said person, and cause said
person to be placed in fear . Of,bodily injury and death for said person,
and would cause a reasonable PerlitontO : fearbodily injury ind1eatbzfor.'
said Person,and further, . - • --
(2) on one of said occasions, on or about the21stday of October,
1997, defendant did go to said PAN JOHNSON'S apartment comOlex:and,used
:threatening language toward said PAM JOHNSON and by said conduct
defendant'did-reasonably believe said person WOuld,regar&as
threatening bodily .injury and death for said person, andcausLsaid
person to be placed in fear of bodily injury-and-death for said person.,
1411d would cause a reasonable parson to fear bodily injury and death-ldr.
said person.
. ,
ALVIN KEITH DEGRAPTENREED did violate condition (e) in that he Moved
::-from his last known address at 1804 . -Del'oaX, - Mesquite on or About
October 22. 1997 and failed to advise the Probation offider:oVhis
new residence within twenty-four hdurs.a$:direOtd:.'
"
. .
-(3) a11fnuottinicitannem_ did violate conditio ft. ( h) in that hi:did..no
%
pay for court Coritsand fine as directed and L14360.00 delinquent.'
(4) did violate c nditi 11 .(1)-1 046hat he not
pay- e probation fee directed and is: ' )-404,411sist. .
, . )0%,ti-el
.
(5) ALIDLIATILUSIBILOMREP did violate condition (1) in that
he did-ndt pay restitution to Crinestoppers-as directed and is
delinquertt $25.00.',-- .
, (6) AIMILISUILLEMBAJECRMIL did violate condition (n) in that
• he did not pay Court-appointed attorney fees EIS directed and Is .-
• ' ?,.delinquent $180.00 .
, ..
i (7) Atimuiranurammilem._ did violate condition (p) in that he did
not pay restitution as directed and is delinquent $589.70
ONAPPRarusrarap
TRIAL DOCKET — CRIMINAL DISTRICT COURT — DALLAS COUNTY, TEXAS
BAIL STATUS: QL
N . F90-34163
STATE OF TEXAS ATTORNEYS .
OFFENSE DATE Of FILING
ALVIN KEITH DEGRAFTENREED
ARSON, 4171DEGREE FELONY. AS CHARGED TN THE TNITICTMEN" OCT 15. 1990
DATE OF ORDER ORDERS OF COURT
SEP 0 6 1991 JURY WAIVED, DEFENDANT ARRAIGNED. DEFENDANT WARNED. PLEA OF
GUILTY : •• •U .... • . • • ii . t ENEE
TO PROVE DFFFNDANT'S GUILTY AS CHARGED IN THE INDICTMENT — INFOR-
MATION, BEYOND A R • SONABLE DOUBT AND THAT SAID FFENSE WAS
a .t, e . - • - 0 ve URTHER -..• .,.
ADJUDICATION IS DE RRED. DEFENDANT PLACED ON PROBATION FOR
•. ,..,---:4".
d• ' 4. , :•.- e
DOLLARS TAXED TO DEFENDANT. ---;_t-----
I MPOSIDON OF A FINE-INTHE AhdeltiNr
-
OF PSOO• DOLLARS ASSESSED . ;......................ft
AGAINST DEFENDANT, THF FINF'TO BE
id, tite LAC !AMP! lb,
I .111 the DLIC111.611
PAID BY .
on this :Ioart sheet, lee fingerprint am
is itat Ci my rtzat ifICV ligtr.
.45 ,
Print takte Alia eta
Date
pegovib
STATE OF TEXAS
vs. N. F-903 q 1(03 „
eD IN eerA
DATE OF ORDER ORDERS OF COURT
13/m it-a ct—or.:
3 , 0/.... 96 I-- /2- -
fa 74 3c---
e
q 44_12. r- prs--61. 464_
• q
4-tc eii... "5-I lb t., TT- le,...i.-- 704.,/,.2,,,54,..,..,___>
.9
-- /9-,, fr--.),- ,,_ J -..e
Aez- .7 --7,7:4,4
JUN 3 - 1993 1-.. -8-4.Q=430v.-- ; . ___., o4-40.
3
, - /- '71
A .2 9- if;
/ b PP 4 i -.23 -- 5 *--
//- 23 .19 /A-1-17 ,6464.
. . ... ..... ..... ,... . ,
1
Cerise No . Y5/%4-.7.-.7c2
TILE STATE, OF TEXAS • •
1 g .'PHE
V. . -,DiSTRICT COURT
DALLA S COUNTY TEXAS
iegAS Atzle,..."---/ • .
EA BARGAIN AGREEMENT
TO THE HONORABLE JUDGE OF SAID COURT:
• Crimes
, now peg ncian-t.- i- :cpunsei-:fOr;_
. . Defendarit;--.arid Counsel , . for
- . agreement
,State herein and would. ahow • that . a . plea bargain has been
entered into'between ,:trie -underaigried,-.and: that under the terms Of
-
'
said agreement loi th sides agree they Will wive‘their'''Ight to •
- p•
- ' jury' trial and . agree
. to and. . -rect.:,
, ..9.. . and..the IfOlIOwing
. . , . • • ,• : - "• .•'
. Defendant : will plead nobO
• .contendere'
..
Defenynt will testify will not testify
co inenient, in Penitentiary. for years.
confinement in. (State Jail] [County -Jail] for [daira
(years]i
fine $ •
NO PROBATION
/ PROBATION TO BE GRANTED 'FOR
terms and
sj-
years subject to 'all the
conditions imposed by the trial court. • -
Further , the judge, as provided by Article 42.12, Sec. 1)..&
.
15 v.A.C.C.,P.., -may at any time during the period of probation ..
alter or modify the conditions.
9 confinement in -[State, [County Jail] for days as
a condition of .Probation.,
supervised 'work or cOmmunity ;service for hours ' as
required by Article
. . 42.12, Sec. 16 .
•
SHOCK PROBATION TO BE GRANTED . . days, after sentence,
subject to good . behaviOr of defendant in the Pen * entiary;
participation - in . spEciAr., ALTERNATIVE INCARCERAT
PROGRAM.
Conviction to be as
follows:
Felony • isde
Noo-oOlaXXOtloo
-
Deferred'
ProbatiOn
,
- No credit for back time 'served
Defendant's back time date
'Additional provisions of the agreement are
The undersigned certify
... they have read the terms of the above , _.
- agreement and that it-fully contains A.,11 . the provisions of saxot
agreement-
JORN VANCE'
I -DISTRI RNE
•DAL Y, ant--
ssistan sti A torney '- Coj el for 'Defender)
1f a victim ;-,statement.,has,.• been reb ta:::the9 ststei'c co
OI said statrament , afiell')Oa :
turned ,Dver‘ e..,; COurt by :the::; : State
.
tlartapiesAitirit to-tb.e. ,: cciii#
.
,
. .s '-adce-* thi ea
DRAWER #47
4'tooe.\'(\t")(
THE STATE OF TEXAS CAUSE NO. 74.X7- -67/as-ca_
VS. 610*.o.-,...7 DISTRICT COURT
DALLAS COUNTY, TEXAS
PLEA OF TRUE AND STIPULATION OF EVIDENCE IN PROBATION REVOCATION HEARING
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Defendant in the above cause, in open Court, and
acknowledges having been served with a copy of the Motion to Revoke
Probation herein, waives reading of said Motion in open Court, and
enters his plea of TRUE to the allegations of said Motion.
Defendant consents to the stipulation of evidence at hearing
of this cause, and waives the appearance, confronation and cross-
examination of said witnesses. Defendant consents to the introduc-
tion of testimony orally, by affidavits, written statements of
witnesses and other documentary evidence.
I DO FURTHER JUDICIALLY CONFESS that the following facts are
true and correct:
That on e' 19 / ,
I was duly and
legally placed on pr ation in this cause for a period of
years beginning on said date. I received and was explained and under-
stood the conditions of probation set down by the Court in this case.
Since having been placed on probation, and while under probation,
I have violated the conditions of probation in the following manners:
(2) ALVtN ITii pEGR IRED did.viOlSte ponditiOn(,d) in_thetfie,did not
report to the , probation i 0Aficer,asAirectedrfOr - the . iOntht of July, -
1995, through January, 1196.
(3) AlIMUCEI THI IMMEMBZM did violate condition .(h) .. in that he did-not
pay for court 7 costsand,.fine 4 as directed and,is $480.00 delinquent.
(4) ALVIN KEITH DEGRAFTENREED did violate condition (j) in that he did not
pay a probation fee as directed and is delinquent $280.00 .
(5) ALVIN KEITH DEGRAPTENABED did violate condition (k) in that
he did notpay - restitution - to crimestoppereras-directed and is -
delinquent $25.00.
(6) ALVIN KEITH DEGRAFTENREED did violate condition (m) in that he did
not pay restitution at directed and is delinquent $1.430A0 .
WORN TO B
on this th day of
BILL LONG
DISTRICT CLERK,
Dallas County, Texas By
Deputy le tt ct Kerk
*
NO:F90-34163-L
THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO. 5
VS. DALLAS COUNTY, TEXAS
ALVIN KEITH DEGRAFTENREED OCTOBER TERM, 1995
MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT
COMES NOW the State of Texas by and through her Criminal District
Attorney and would show the Court the following:
That ALVIN KEITH DEGRAFTENREED, Defendant was duly and legally
placed on probation for a period of 5 years in the above entitled and
numbered cause in Criminal
p
District Court No. 5 of Dallas County, Texas, on
the 6th day of Se tember , A.D.19 91 for the offense of:
ARSON, AS CHARGED IN THE INDICTMENT
That the Defendant has violated the following conditions a, d, h,
k, m of said probation in that
(1) ALVIN KEITH DEGRAFTENREED did violate condition (a) by violating the
laws of the State of Texas in that on or about
Jul y 21, 1995 in Dallas County, Texas he did unlawfully, then
and there attempt to start a fire with intent to destroy and damage a
BUILDING, owned by LADAROLD BROWN knowing that it was within the limits
of DALLAS, an incorporated city and town, said act amounting to more
than mere preparation that tended but failed to effect the commission
of the offense intended.
(2) ALVIN KEITH DEGRAFTENREED did violate condition (d) in that he did not
report to the probation officer as directed for the months of July and
August, 1995.
(3) ALVIN KEITH DEGRAFTENREED did violate condition (h) in that he did not
pay for court costs and fine as directed and is $329.70 delinquent.
(4) ALVIN KEITH DEGRAFTENREED did violate condition (j) in that he did not
pay a probation fee as directed and is delinquent $120.00 .
(5) ALVIN KEITH DEGRAFTENREED did violate condition (k) in that
he did not pay restitution to Crimestoppers as directed and is
delinquent $25.00.
(6) ALVIN KEITH DEGRAFTENREED did violate condition (m) in that he did
not pay restitution as directed and is delinquent $1,380.00 .
This violation-offense occurred after September 6, 1991 , and during the
term of probation.
WHEREFORE, the State prays that said Defendant be cited to appear
before this Honorable Court and show cause why the Court should not proceed
with an vidudication . of guilt on the original charge,
OD
This • the 3rd . day of October A.D.1995 .
JOHN VANCE
i•ene District Attorney
Dallas County, Texas
BY:
Assistant District Aqorney
A copy of this motion was delivered to the Defendant on the day of
, A.D. 1995.
Probation Officer
I received a copy of this motion on the day of A.D. 1995.
Defendant
MLit C-35894
OsSPOSITICSN
.5 ROSECUTION REPORT
2 &WM,. SECT:'. s
DFD/Arson 1 3ATE
CAL:-AS POLICE DEPARTMENT DFD=50854
FF
3 Miff STMATOR
SSE CD• OL WARRANT. COURT
K. F. Sipes DOCK-ET
iNV S WORK PHONE I 5 TYPIST
=-7-L- 4133 ET ROD
670-4312 ; CMY I
...,.„,.
COMPLETE PRELIM E SUPPL G.J.R. FIIL ADULT 0 JUV
•
: F SUPPLEMENT INDICATE TO: 113. DATE OF ORIG. REPT. '. REASON FOR ADD. I CORRECTED NAME
SUPPLEMENT:
f i
I
COMPLETE M PRELIM. I INFO. INFO. CHANGE
• AILED D.P.D. WALKED 15. JUDGE '7 OTHER CO. i n BY OFFICER ,ao DATE
4ITH X
LEGAL THRU
LIAISON JUDGE (._.a4,),1 6 i .' E P 2 5 i99[
22.
• STATUS OF
SUSPECT D ARRESTED Ei AT LARGE' LOCATION
G.J.R. OF SUSPECT At Large
v ..
1
ARRESTING WORKSHEET
3FFICERMILI.D.
FILING
SUSPECT DEGRAFTENREED, Alvin Keith
:9 30
RACE 7.1 SEX :•! AGE 23 DOB 11 —
24 -61 RESIDENCE - 5 Morris St.
31. 33
DATE OF ARREST TIME OF ARREST ADD. OF ARREST
35 38
DATE OF OFFENSE ?— ;' 0 TIME OF OFF. a.m. ADD. OF OFFENSE 1925 High Hill Blvd.
COMPLAINANT 7.' a1las Fire Department, Captain K. F. Sipes
'.1 0W COMMITTED Suspect set car on fire w/matches and possiblv flammable liquid.
CHARGE ARSON :3.02/F-2
4/.CLga
p
, opERTY TAXENN1 VALUE s 2,000 LOSS: 5 2,000 0
as REL. TO OWNER
YES 0 NO
/41•1S)L
1.1
EviosNcs&smums .1 witness statements
5 55
3 TAG 4 5, " LOCA. EV1D. NOW
=7:0854 "014 Main s4 14
RECORD
CHECK yes, attached
47 11
n/a RACE SEX 0013
ACCOMPLICES FILED ON
P.E.S. CALLED 1
0 YES El NO
SUAUAART
Suspect threw a match in the front seat of his ex-oirlfripmi,s
7ehicle which flared uo and burned complete nf vehic-le
: UAGIVRATING I DATE BONDS METHOD DATE DATE
WARNING I mAGIS • YAWS
s•FOR•AATION FORM
• OUT
BEFORE INFO NorcLERK
Ii I BY
- .
LiATTACHED JUDGE
s
MAC'S
LEGAL LIAISON REVIEW
A.v•iL
SEC 0 SuPERv SORT APAROvAL I ss s 0 • 51 OATE • :1 DATF.
COMPLAINANT:
K. F. Sipes an testify that he obtainea witness
Captain statements from witnesses s l and =2.
Dallas Fire Dept. ind that he prepared this case for
2014 Main, #404 filing.
Dallas, Texas 75201 A3.
670-4312
WITNESS *1:
Ms. Annie Verdell Can testify that she saw suspect
1114 High Hill *13 standing in the dark on her rear porch
Dallas, Texas = p out minutes efore her r_ur was set
;r) fire.
WITNESS.*2:
Mr. Delwin Robinson Can testify that he saw suspect enter
1925 High Hill *A witness *1's vehicle from the driver's
Dallas. Texas side, step out, light a match, and
throw it into the front seat. Can
testify that suspect dropped match
box and ran after fire quickly flared.
WITNESS *3:
W. A. Richardson Can estify that the fire was
Captain' incendiary in origin.
Dallas Fire Dept.
2014 Main *404
Dallas, TX 75201
670-4312
lg - I 7
Foi3Mime /- rir474P
-'7"7176,14014 t
VN * I
DEFENDAW -4E rtiR; wnq KEIW 4 ' ° 0102.
1 ,
2575 MORRIb 4MMUNST,DALLAS AT maw:
ADDRESS LOCATION
DPD
FILING AGENCY DATE FILED 10-41790 - COURT
X F SIPES
COMPLAINANT
C/C
' TRUE BILL OF INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, the Grand Jurors, good and lawful••
men of the County of Dallas, duly elected, tried, empaneled, sworn and charged to inquire of offenses
204TH JUDICIAL
committed within the body of said Dallas County, upon their oaths do present in and to the
JULY
District Court, of Dallas. County, at the Term, A.D., 19
that one, ALVIN KEITH DEGRAFTENREED
9TH SEPT/2413ER
hereinafter styled Defendant, on or about the day of in the year-of our
90
Lord One Thousand Nine Hundred and In the County of Dallas and State of Texas,
did unlawfully,
then and there intentionally start a fire with intent to
destroy and damage a automobile, oWnedATAAWS VADDELL,
knowing that it was within the limits of DALLAS, Texas, an
incorporated city and town
contrary tcybrfiprimtes Statute in such cases made and provided, and again e peace and dignity of the•State.
Foreman of the Grand Jury.
Criminal District Attorney of Dallas County, Texas.
7—■
STillreOF TEXAS AFFIDAVIT FOR ARREST WARRANT COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on . this day personally appeared the undersigned affiant who, after
being duly sworn by me, on oath stated: My name is J. PRELOW
and I am a peace officer of the City of Dallas, Dallas County, Texas. I, the affiant, have good reason and
do believe that on or about the 9 t h day of Se p tember 90 , 19 one (name of suspect)
Alvin K. Degraftenreed did then and there in the City of Dallas, Dallas County, Texas
commit the offense of Arson
a violation of Section B 7 07
of the Texas Penal Code
a Second Degree Felony
Affiant's belief is based upon the following facts and information which Affiant received from:
0 Affiant's personal investigation of this alleged offense.
Captain K. F. Sipes , a fellow peace officer of the City of Dallas, Dallas
County, Texas, who personally participated in the investigation of this alleged offense,
providing this information to Affiant, and whose information Affiant believes to be credible.
On September 9, 1990 at 2:11 a.m., the Dallas Fire
Department responded to a car fire at 1925 High Hill Blvd.
Captain W. A. Richardson, Dallas Fire Department Fire
Investigator, was called to the scene and determined the
fire to be incendiary in origin. Captain K. F. Sipes of the
Dallas Fire Department, was assigned to complete the
investigation. In his investigation, Captain Sipes found
that the suspect was seen by his ex—girlfriend (Ms. Annie
Verdell) standing on her porch about 2 minutes before her
car was burned. Captain Sipes also obtained a witness
statement from Witness #2 who stated that he saw suspect
enter Ms. Verdell's vehicle from the driver's side, step
out, light a match, and throw it into the front seat. The
suspect then watched the fire flare up quickly and after
dropping his box of matches, ran away. Witness *2 then
quickly reported the fire to the Dallas Fire Department.
Fl a
WHEREFORE, Affiant requests that an arrest warrant be issued
for the above accused individual in accordan e with the law.
SUBSCRIBED SWORN TO BEFORE ME on the
day SEP z 6 1990 19 MAG RATE, IN AN
Cirp
su MIVII§OTE' S DETERMINATION OF PROBABLE CAUSE
On this the day of 19
I hereby acknowledge that I have examined the foregoing
affidavit and have determined that probable cause exists
for the Issuance of an arrest warrant for the individual
accused therein.
n3-027407
POL-015295
WRIT NOS. W99-02631-R(A) and W00-01305-FR(B)
CAUSE NOS. F99-02631-R and F00-01305-R
EX PARTE IN THE DISTRICT COURT
STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT
AND
DENNIS LEE ALLEN DALLAS COUNTY, TEXAS
SUPPLEMENTAL INFORMATION IN SUPPORT OF
APPLICATIONS FOR WRIT OF HABEAS CORPUS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORSON
c=>
MOZEE, and submits this Supplemental Information in Support of th ir
r C)
r
Applications for Writ of Habeas Corpus: -
CO
—0
I. =ra
„
_ r.
At the writ hearing in this case, trial prosecutor Rick Jackson deniVd that theicD
-
were any deals, agreements, arrangements or predictions or promises of leniency from the
State to the jailhouse informants in this case. However, Jackson admitted that the State,
by his words or those of others, did indicate to the informants that they could expect
some help from the State on their cases.
In support of the fact that the jailhouse informants were led to believe they would
receive help from the State on their cases, Applicants submit the following information
from John Paul Robinson. Robinson was one of the jailhouse informants who testified in
1
Allen's case. In Robinson's testimony, he claimed Allen made statements to him about
the offense. He also testified to the following under questioning by prosecutor Jackson:
"Q. Okay. Did you ask Detective Berry for something?
A. No.
. Okay. Did you ask him if he could help you out in your case?
Q
A. No.
. Okay. Did he offer to help you out in your case?
Q
A. No.
. Okay. Have I — I mean you and I have talked about this on one
Q
prior occasion; is that right?
A. Yes.
. All right. And have I told you that I was going to do anything for
Q
you in your case?
A. No."
John Paul Robinson has now signed the attached statement which states:
"Dennis never told me he killed Rev. Borns. DA' or police called me
down and said they knew I had gotten into fight with Dennis. They told
me if I told them something about Dennis and Rev. Borns they would
make sure I was ok on my case. DA gave me what to say in court, it was
not accurate as to what Dennis told me."
Robinson's statement establishes that he did, in fact, have a deal or agreement
with the State and that his testimony was false.
Respec lly
G RYA. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road, Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Appearing on Behalf of the
Innocence Project of Texas
Counsel for Dennis Lee Allen
DA in this signed statement refers to District Attorney.
2
r2-1.0 Q•001j.k.„
NINKMORRISON
INNOCENCE PROJECT, INC.
40 Worth Street, Suite 701
New York, New York 10013
212-364-5340
212-264-5341 fax
EZEKIEL TYSON, JR.
Bar Card No. 24034715
THE TYSON LAW FIRM
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
214-942-9001 fax
Counsel for Stanley Orson Mozee
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing
Supplemental Information in Support of Applications for Writ of Habeas Corpus was
delivered to Cynthia Garx and Patricia Cummings, Assistant Dallas County District
Attorneys, on this the to' of November, 2015.
GARY A. UDASHEN
3
eyy7/1---
j ( -
0- 1
0
/
1
1 /,4
, 7-7'7
oe"-
r&-t7
s
GV-
n c
c-6 67---7- r
WRIT NOS. W99-02631-R(A) and W00-01305-FR(B)
CAUSE NOS. F99-02631-R and F00-01305-R
EX PARTE IN THE DISTRICT COURT
STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT
AND
DENNIS LEE ALLEN DALLAS COUNTY, TEXAS
SUPPLEMENT TO AMENDED
APPLICATIONS FOR WRIT OF HABEAS CORPUS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORS&
co
MOZEE, and submits this Supplement to their Amended Applications for Writ Of Habeas
--o
Corpus and would show the following:
- (1) c)
I.
Applicant have filed Amended Applications for Writ of Habeas Corpus. Since
the date of the filing of the Amended Applications, the State has discovered and provided
to Applicants additional exculpatory evidence. This additional exculpatory evidence was
not provide to the defense at the time of trial.
Specifically, the State has informed Applicants that State's witness Charles
Manning had acted as a police informant on cases other than this case against Applicants.
The State has also informed Applicants that Charles Manning was suffering from severe
mental problems at the time he provided his statement to law enforcement. Additionally,
the State informed Applicants that Manning's work with the State in these prosecutions
1
against Mozee and Allen was presented to the judge in his case as a reason to allow
Manning to be released on bond in his own case. And the records show that Manning's
benefit to helping the State was that the State intervened on his behalf in his own case
and this was before he testified as a State's witness in this prosecution.
Respectfully submitted,
ARY A. UDASHEN
Bar Card No. 20369590
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 fax
Appearing on Behalf of the
Innocence Project of Texas
Counsel for Dennis Lee Allen
NINA MORRISON
INNOCENCE PROJECT, INC.
40 Worth Street, Suite 701
New York, New York 10013
212-364-5340
212-264-5341 fax
Or°(7u7t-4 e-----
EZEKIEL TYSON, JR.
Bar Card No. 24034715
THE TYSON LAW FIRM
342 W. Montana Avenue
Dallas, Texas 75224
214-942-9000
214-942-9001 fax
Counsel for Stanley Orson Mozee
2
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing
Supplement to Amended Applications for Writ of Habeas Corpus was delivered to
Cynthia Garza and Patricia Cummings, Assistant Dallas County District Attorneys, on
this the l e day of November, 2015.
GARY A. UDASHEN
3