Williams, Michael David ( 2015 )

May 12, 2015
IN THE
COURT OF CRIMINAL APPEALS
MICHAEL DAVID WILLIAMS §
V- § PD # 0202-15
THE STATE OF TEXAS §
FROM APPEAL # 07-14-00128-CR COURT OF CRIMINAL APPEALS
FROM CAUSE # D 34, 123-CR
12 2015
MOTION FOR REHEARING FOR PETITION FOR
Abel Acosta, Clerk
DISCRETIONARY REVIEW
TO THE HONORABLE JUDGE OF THELCOURTiOF CRIMINAL APPEALS:
COMES NOW, Michael David Williams, Petitioner, herein, and
respectfully files this motion for rehearing for Petition for
Discretioary Review, and in support of this motion, Petitioner
shows the court the following:
Petitioner was convicted in the 13th Judicial District Court
of Naverro County, Texas of the offense of Continuous Sexual •;•*•.-•.
Assualt of a Child in cause No. D 34, 123-CR, styled State of
Texas v. Michael David Williams. The petitioner appealed to the
Court of Appeals, Seventh District. The cause was affirmed on
January 29th, 2015. The Court of Criminal Appeals refused
Petitioner's Petition for Discretionary Review on April 22, 2015.
II
Petitioner respectfully moves this Court to Review/Rehear,
Petition For Discretionary Rview, theussue presented by <-. >j .. :i -"
Petitioner and Rebutted by the State. The decision of the Seventh
District Court of Appeals errored in its determination that the
Continuous Sexual Assault of a Child Statutes Evidence was
sufficient to support petitioner's conviction, furthermore, the
Seventh Court of Appeals, failed to consider the recordas a whole
which violated the substantial right of the petitioner(pursuant
to Texas Rules of Appellant Proceduer 44.2 (b)) when determining
egregious harm.
sill
When re-evaluating the specifics of the statute; petitioner
respectfully request this Court to consider the following:
(1) The erroneous jury instruction misstated the law,depriving
the petitioner of a fair trial, therefore causing egregrious harm
(2) The erroneous jury instruction included act/acts that was
specifically excluded from the statute. Tex.Penal Code Ann.21.02'
(c)(2).
(3) The erroneous jury instruction was empasised by the'state,
stating to the jury that,"if they could prove the act or acts
specifically excluded from the statute, that was enough to meet
their brden of proof inorder for the jury to find the petitioner
guilty."
(4) The repetativeness of the error in charge, that was :• i.
included two times in lesser included charges, therefore adding
emphasis to the misstatement of the law, therefore causing
egregrious harm to the petitioner.
(5) Testeimony of the alleged victim provided no evidence that
a crime had occured during the timeframe alleged in the indict
met or statute.
(6) The continuous Sexual Assualt of a child Statute -became
effective on September 1,2007. The range of the indictment was,;
January 1,2008 to January 30,2010. The State only showed evidence
of an alleged crime in 2006, thus being outside the scope of the
statute as well as indictment.
WHEREFORE, Petitioner prays, that for the forementioned
reason that this Court grant this motion and recosideration/
re-eavaluate the Petition-., for Discretionary Review. No.0202-15.
PETITIONER PRO SE
MICHAEL DAVID WILLIAMS
CERTIFICATION OF SERVICE
I crtify that a true and correct copy of the above and foregoing;
motion for Rehearing for Petition for Discretionsry Review has
been forward by U.S. mail, postage Prepaid, First Class, to' The
State Prosecutor, P.O.BOX 13046, Austin,Texas. 78711.
on this the 28 day of April.
PETITIONER PRO SE
MICHAEL DAVID WILLIAMS
INMATE DECLARATION
I Michael David Williams, T.D.C.J.-CID # 1913738, being presently
incarcerated in the Bill Clements Unit of the Texas Department of
Criminal Justice in Potter County, Texas, do verify and declare
under penalty of perjury that the foregoing statement are trued ...
and correct.
Executed this the 28th day of April.
/1&^h>&-tdAlUc
PETTIONER PRO SE
MICHAEL DAVID WILLIAMS
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
BILL CLEMENTS UNIT-CID # 1913738
9601 SPUR,591
AMARILLO, TEXAS. 79107-6906
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