Davis, Michael Lee ( 2015 )

May 8, 2015
Michael Davis #933173
Allred Unit
2101 FM 369 North
Iowa Park, TX 76367-6568
Clerk
Texas Court of Criminal Appeals
P.O. Box 12308, Capitol Station
Austin, TX 78711
Dear Clerk:
Enclosed for filing is my "Applicant's Application For Writ of Manaqmus." ·
Please file it with the Court in the normal course of business.
Thank you.
Respectfully,
M,,(J~
Michael Davis
Movant pro se
RECEIVED \~!
COIJ~T Of CRrtJ.Ii\V1 APPEALS
MAY. 1 1.2C~S
Ab~ ``costa, Clerlt'
CAUSE NOS. 331288, 331289 & 331549
MICHAEL DAVIS, § IN THE 228TH DISTRICT COURT
Applicant §
~- § ~
HONORABLE MARC CARTER, §
Respondent § HARRIS COUNTY, TEXAS
APPLICANT'S APPLICATION FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT:
COMES NOW Michael Davis, applicant pro se in the above styled and numbered
causes and files this Application For Writ of Mandamust pursuant to Texas Rules
of Civil Procedure 'Rule 18(a) and Texas Rules of Appellate Procedure (50)(d),
and would show this Court the following:
I. PARTIES
Applicant Michael Davis #933173 is an offender incarcerated in the Texas
Department of Criminal Justice James V. Allred Unit at 2101 FM 369 North, Iowa
Park, Texas 76367-6568 in Wichita County, Texas.
Respondent is a state district judge.in the 228th District Court of Harris
County whose address is Criminal Justice Center, 1201 Franklin St., 16th Floor,
Houston, Texas 77002.
II. FACTS
Applicant has exhausted his remedies and has no other adequate remedy
at law.
The act sought to be co~pelled is ministerial, not discretionary. Applicant
has filed several motions with respondent in which applicant sought an order
compelling the Harris County District Clerk to sell applicant a copy of the
written plea agreement executed in this case. The clerk has refused to sell
applicant a copy of this written plea bargain agreement and respondent has
refused t~ rule on applicant's motion.
The state has materially breached and continues to materially breach this
plea bargain agreement by assigning applicant to the maximum security James V.
Allred Unit rather than the minimum security Diagnostic Unit. (now known as the "
Byrd Unit), to wit:
"In addition, [applicant] was guaranteed his sentence would be spent
in the Diagnostic Unit of the Texas Department of Corrections •.• "
(emphasis added). Janecka v. State, 823 S.W.2d 232,234 n.3 (Tex.
Crim.App.l990).
Applicant is still serving this sentence; the clerk has refused to furnish
or sell applicant a copy of this agreement and applicant's attorney stated that
he does not have a copy. Applicant cannot establish his right to relief without
a copy of this written plea bargain agreement, which was signed by the trial
judge, District Attorney, several assistant district attorneys and others.
Applicant cannot appeal a non-ruling by respondent and seeks this Court's
intervention in order to obtain such a ruling or other relief.
III. RELIEF REQUESTED
Applicant respectfully requests this Court to order respondent to make a
ruling on applicant's motion for access to the trial record or to take other
action that would permit applicant to obtain a copy of the written plea bargain
agreement executed in this case. Applic~nt also requests a suspension of the rules.
Respectfully submitted,
Michael Davis #933173
Applicant pro se
Allred Unit-2101 FM 369 North
Iowa Park, TX 76367-6568 \
2
CERTIFICATE OF SERVICE
I hereby certify that a true.and correct copy of my "Applicant's.
Application For Writ of Mandamus" has been mailed, by first-class mail, postage
o·rtr
prepaid, to the following on this the o day Of ;VI trt t 2015:
Clerk Honorable Judge
Texas Court of Criminal Appeals 228th District Court
P.O. Box 12308, Capitol Station Criminal Justice Center
Austin, TX 78711 1201 Franklin St., 16th Floor
Houston, TX 77002
Michael Davis
Movant pro se
3
EXHIBIT 1 ,.····
April 20, 2015
NichaaJ.. Dav:i.s #933173
Allred Unit
2101 Ff,1 369 North
!oiva Park, 'IX 76367-6568
LTudge
223th District COUJ:'t
Criminal . :rustice Center
1201. Franklin St., 16th Floor
Houston, TX 77002
RE: CAUSE NOS. 331288, 331289 & 3315 ..19
D!WIS V. S'I'A'l'E
Dear Jud::Je:
On or about f·1arch 20, 2015 I fih~d my "ll1ovant' s Motion For Acc~'!SS 1'o The
Tr-ial l~•::corcl" Hith the Court. 'I'o dctte I have not received a copy of your
decision.
vJould you J:.>lease hold a hearing on this motion and notify me of your
decision?
•rhank you.
Respectfully,
(v1. J/c:e._'- -
Michael Davis
..,
EXHIBIT 2 '
..-.
March 20, 2015
Michael Davis #933173 CAUSE NOS. 331288, 331289 & 331549
Allred Unit
2101 FM 369 North DAVIS V. TEXAS
Iowa Pat"lc, TX 76367
/.
Judge
228th District Court
Criminal Justice Center
1201 Franklin St., 16th Floor
Houston, TX 77002
Dear Judge:
Enclosed for your decision is my "Movant's Motion For Access To The Trial
Record."
Please notify me of your decision at your convenience.
Respectfully,
f'l-``
Michael Davis
r1ovant pro se
. .~
EXHIBIT 3
~USE NOS. 331288, 331289 & 331549
MICHAEL D.ZWIS I § IN THE 228TH DISTRICT COURT
Movant §
vs. § OF
THE STATE OF TEXAS §
Respondent § HARRIS COUNTY, TEXAS
r-DVANT'S MOTION FOR ACCESS TO THE TRIAL RECORD
'lD THE HONORABLE COURT:
Movant Michael Davis, pro se files this motion and in support would ~how:
r1ovant seeks access to the vJritten plea bargain executed in this case.
Movant was convicted in the above cause numbers and executed a written plea
bargain agreement with the State of Texas. This written plea bargairi agreement
provided, in part, that movant would serve his entire sentence at the TDCJ Diagnostic
Unit. Janecka v. State, 823 s.v1.2d 232,234 n.3 (Tex.Crim.App.l990} ("In addition,
[movant] was suaranteed his sentence would be spent in the Diagnostic Unit cf the
Texas Department of Corrections ••• ") (.emphasis added).
The state materially breached, and continues to materially breach this agree-
ment by assigning movant to the Jan~s v. Allred Unit instead. Movant is still
serving this sentence and needs a copy of the written plea bargain agreement in
order to establish his right to relief.
The clerk has refused to sell movant a copy of the agreement and movant's
attorney stated that he does not have a copy.
Wherefore, n~vant respectfully requests this ~ order the clerk to sell
movant a copy of the agreement or provide him one at the clerk's expense.
Res~ubmitted,
M..
~icha~l Davis #933173
Movant pro se
Allred Unit-2101 FM 369 North
Iowa Park, TX 76367-6568
\.
\
EXHIBIT 3 (Page. 2)
CERTIFICATE OF SERVICE
I hereby cettify that a true and correct copy of my "Movant 1 s Motion For
Access To The Trial Hecord" has been mailE:d by first-class U.s. Mail, 'postage:
pref)aid, to the follm..1ing on this the :J-.(} 7"1'1 day of _.!,../VI_,t-;_1'-_<:!..._·_11
_ _ _ , 2015:
Judge
228th District Court
Crirr.inal Justice Center
1201 Franklin St., 16th Floor
Houston, TX 7700?.
Michael Davis
2