Donte Lamont Rose v. State ( 2015 )

CHIEF JUSTICE
CAROLYN WRIGHT LISAMATZ
JUSTICES
CLERK OF THE COURT
DAVID L. BRIDGES (214) 712-3450
MOLLY FRANCIS 1isa.matz@5th.txcourts.gov
DOUGLASS. LANG
ELIZABETH LANG-MIERS GAYLEHUMPA
ROBERT M. FILLMORE
LANA MYERS
Qlnurf nf Appeals BUSINESS ADMINISTRATOR
(214) 712-3434
DAVID EVANS lJiiffq 111istrict nf IDcxas at 1llallas gay1e.humpa@5th.txcourts.gov
DAVID LEWIS 600 COMMERCE STREET, SUITE 200
FACSIMILE
ADA BROWN DALLAS, TEXAS 75202
(214) 745-1083
CRAIG STODDART (214) 712-3400
BILL WHITEHILL INTERNET
DAVID]. SCHENCK HTTP://5TH.TXCOURTS.GOV
May 29,2015
Donte Rose
No. 1942614
Briscoe Unit
1549 W. Hwy 85
Dilley, TX 78017
RE: 05-14-00905/00906-CR
Donte Rose v. The State of Texas
Dear Mr. Rose:
The Court is in receipt of your letter and has made a note of your change of address in
the Court's case management system.
As to your request for proof that your 20-year sentence is running concurrently with
your state jail sentence, we can only give you information that is in this Court's record.
Enclosed are copies ofthe trial court's judgments in each of the above cases. We cannot
provide you information about how long you were in Dallas County in 2013. That information
is not before this Court. We suggest you contact you attorney regarding further questions.
Sincerely,
/s/ Lisa Matz, Clerk of the Court
Enclosures
cc: Julie Woods, Dallas County Public Defender's Office
ltr:mrh
VOL617PAGE 115
CASE No. F-1325715-U
INCIDENT NO./TRN: 9196882492
THE STATE OF TEXAS § IN THE 291st JUDICIAL DISTRICT
v. COURT
STATE ID No.: TX08791254 "l!' DALLAS COUNTY, TExAS
Date Judgment
Judge Presiding: HoN. Jennifer Balido Entered: 7/8/2014
Attorney for
Attorney for State: Jeff Matovich Defendant: NANCARROW
Offense for which Defendant Convicted:
AGGRAVATED ROBBERY DEADLY WEAPON
Charging Instrument: Statute for Offense:
INDICTMENT 29.03 Penal Code
Date of Offense:
12/19/2013
Degree of Offense: Plea to Offense: Findings on Deadly Weapon:
1ST DEGREE FELONY GUILTY YES, A FIREARM
Terms of Plea Bargain:
OPEN
Plea to t•t Enhancement Plea to 2nd Enhancement/Habitual
Paragraph: N/A Paragraph: N/A
Findings on 1•t Enhancement Findings on 2nd
Paragraph: NIA Enhancement/Habitual Paragraph: N/A
Date Sentence Imposed: 7/8/2014 Date Sentence to Commence: 7/8/2014
Punishment and Place
of Confinement:
20 YEARS INSTITUTIONAL DMSION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
Court Costs: Restitution: Restitution Payable to:
$NIA $249.00 $NIA
0 AGENCY/AGENT
(see b e1ow ) D VICTIM
D Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62
The age of the victim at the time of the offense was N/A .
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.
From 12119/2013 to 7/8/2014 From to From to
Time From to From to From to
Credited:
If Defendant is to serve sentence in county jail or is given credit toward fine and costs. enter days credited below.
N/ADAYS NOTES: N/A
All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference,
This cause was called for trial in Dallas County, Texas. The State appeared by her District Attorney.
Counsel/ Waiver of Counsel (select one)
t8J Defendant appeared in person with Counsel.
ROSE.DONTE F-1325715-U 291ST 22
0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above.
The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to
stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and
entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the
presence of Defendant, the Court pronounced sentence against Defendant.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and
restitution as indicated above.
Punishment Options (select one)
I:8J Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the
Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court
ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the
custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release
from confinement, Defendant proceed immediately to the Dallas County District Clerk Felony Collections Department. Once there,
the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as
ordered by the Court above.
0 County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to
the custody of the Sheriff of Dallas County, Texas on the date the sentence is to commence. Defendant shall be confined in the Dallas
County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed
immediately to the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS Defendant to pay, or
make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed
immediately to the Office of the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS
Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution I Suspension of Sentence (select one)
I:8J The Court ORDERS Defendant's sentence EXECUTED.
0 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of
community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this
judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore. the following special findings or orders apply:
MOTION TO STRIKE ENHANCEMENT PARAGRAPHS GRANTED*****COURT AFFIRMATIVE FINDING THAT A
WEAPON WAS USED/EXHIBITED BY DEFENDANT: A FIREARM
Signed and entered on July 8, 2014
JUDGE PRESIDING
DEFENDANT EXCEPTS AND GIVES NOTICE
Clerk: J HOLLINGSWORTH OF APPE~U. 'tO THE COtH:T OF APPEALs,
I'DT'.d U.:SJ.'n:i:Cr~ OF ~S A'l' DALLAS
*Thumbprint Certification attached.
Judgment of Conviction by Court Waiver of Jury Trial 073107 3
JUDGMENT
CERTIFICATE OF THUMBPRINT
THE STATE OF TEXAS CAUSE NO. F /3-257/c;" ·
JUDICIAL 291st DISTRICT COURT
DALLAS COUNTY, TEXAS
RIGHT THUMB DEFENDANT'S ~ HAND
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE·
NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION
OF THE ABOVE STYLED AND NUMBERED CAUSE.
DONE IN COURT THIS _l DAY OF _ __._~..u)'~L-~l\U-ilfl------' 20_!1_.
\:)\
*INDICATE HERE If PRINT OTHER THAN DEFENDANT'S RIGHT THUMBPRINT IS PLACED IN BOX:
LE" THUMBPRINT LEFT/RIGHT INDEX FINGER
24
~
~
VOL617 PAGE 117
CASE No. F-1325716-U
INCIDENT NO./TRN: 9196882492
THE STATE OF TEXAS IN THE 291st JUDICIAL DISTRICT
v. COURT
DONTE LAMONT ROSE DALLAS COUNTY, TEXAS
STATE ID No.: TX08791254
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Date Judgment
Judge Presiding: HoN. Jennifer Balido 7/8/2014
Entered:
Attorney for
Attorney for State: Jeff Matovich Nancarrow
Defendant:
Offense for which Defendant Convicted:
AGGRAVATED ROBBERYDEADLYWEAPON
Charging Instrument: Statute for Offense:
INDICTMENT 29.03 Penal Code
Date of Offense:
12/19/2013
Degree of Offense: Plea to Offense: Findings on Deadly Weaponi
1ST DEGREE FELONY GUILTY YES, A FIREARM
Terms of Plea Bargain:
OPEN
Plea to I•t Enhancement Plea to 2nd Enhancement/Habitual
Paragraph: N/A Paragraph: N/A
Findings on l•t Enhancement Findings on 2Dd
Paragraph: N/A Enhancement/Habitual Paragraph: N/A
Date Sentence Imposed: 7/8/2014 Date Sentence to Commence: 7/8/2014
Punishment and Place
of Confinement:
20 YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
Court Costs: Restitution: Restitution Payable to:
$NIA $249.00 $NIA (see below)
0 AGENCY/AGENT
O VICTIM
0 Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62
The age of the victim at the time of the offense was N/A .
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.
From 12/19/2013 to 7/8/2014 From to From to
Time From to From to From to
Credited:
If Defendant is to serve sentence in county jail or is given credit toward fine and costs. enter days credited below.
N/A DAYS NOTES: N/A
All pertinent information, name a and asaesaments indicated above are incorporated into the language of the judgment below by reference.
This cause was called for trial in Dallas County, Texas. The State appeared by her District Attorney.
Counsel/ Waiver of Counsel (select one)
[gl Defendant appeared in person with Counsel.
ROSE,DONTE F-1325715-U 291ST 22
0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above.
The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to
stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and
entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the
presence of Defendant, the Court pronounced sentence against Defendant.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUlL TY ofthe above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and
restitution as indicated above.
Punishment Options (select one)
[gl Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent ofthe State of Texas or the
Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court
ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the
custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release
from confinement, Defendant proceed immediately to the Dallas County District Clerk Felony Collections Department. Once there,
the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as
ordered by the Court above.
0 County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to
the custody of the Sheriff of Dallas County, Texas on the date the sentence is to commence. Defendant shall be confined in the Dallas
County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed
immediately to the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS Defendant to pay, or
make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
0 Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed
immediately to the Office of the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS
Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution I Suspension of Sentence (select one)
[gl The Court ORDERS Defendant's sentence EXECUTED.
0 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of
community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this
judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore. the following special findings or orders apply:
MOTION TO STRIKE ENHANCEMENT PARAGRAPHS GRANTED*****COURT AFFIRMATIVE FINDING THAT A
WEAPON WAS USED/EXHIBITED BY DEFENDANT: A FIREARM
Signed and entered on July 8, 2014
``
J mfer Bahd
JUDGE PRESIDING
Clerk: J HOLUNGSWORTH
*Thumbprint Certification attached.
ROSE.DONTE F-1325715-U 291ST 3
JUDGMENT
CERTIFICATE OF THUMBPRINT
THE STATE OF TEXAS CAUSE NO. F ,,,~))JJo
vs. JUDICIAL 291st DISTRICT COURT
Ros( DALLAS COUNTY, TEXAS
RIGHT THUMB DEFENDANT'S 12 HAND
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE·
NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION
OF THE ABOVE STYLED AND NUMBERED CAUSE.
DONE IN COURT THIS_]_ DAY OF _"J;__,__.v::....:'\-=ut-c_ _ _ , 20~.
'"INDICATE HERE IF PRINT OTHER THAN DEFENDANT'S RIGHT THUMBPRINT IS PLACED IN BOX:
LEFT THUMBPRINT LEFT/RIGHT INDEX FINGER
OTHER, ~
SIGNED AND ENTERED oN THis_§__ DAY oF~ , 2oft._
1 73v~.
24