Jackson, Raul David ( 2015 )


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    901
    RAUL D. JACKSON #1367898
    William R Boyd Jr Unit
    200 Spur 113
    Teague, Tx. 75860
    Court of Criminal Appeals June 3, 2015
    Louise Pearson, Clerk
    P.O. Box 12308
    Austin, Tx. 78711
    RE; EX PARTE RAUL DAVID JACKSON, writ No. wR-73,697-06, wR-73;697¢07,
    wR-73,697-08, wR-73,697-09
    Dear Clerk,
    Enclosed please find Applicant's-Supph@mental Appendix to
    Brief in Support of Application for Writ of Habeas Corpus to be
    included in the record in the above-referenced cause numbers.
    ln an Order issued by the Court on May 20, 2015, the Court
    requested the original plea papers be sent from the trial court.
    l did, however, make this request to the trial court clerk at the
    time of filing that these papers and others be included in the
    habeas record,and the clerk failed to comply with my request. l
    have included only.the papers that l referenced in my application
    and brief. Including the Notice of Dispositions that I believe
    that the trial court clerk may not send and are relevant to my
    claims for relief.
    Please bring this information to the attention of the Court.
    Thank you.
    Applicant, Pro Se
    RECE|VE| IN
    couRT oF chmNAL APPEALS
    JUN 08 2015
    shelAcosta,Clewk.
    wRIT No. wR-73,697-06§ wR-73,697-07, wR-73,697-08, wR-73,697-09
    EX PARTE
    RAUL DAVID JACKSON
    SUPPLIMENTAL APPENDIX TO
    BRIEF IN SUPPORT OF APPLICATION FOR WRIT OF HABEAS CORPUS
    TABLE OF CONTENTS
    CERTIFICATE OF AUTHENTICITY
    EXHIBIT 1 - Trial NO. F-0554511
    Original Indictment / Original Plea Agreement / Judicial Confession /
    Docket:Sheets / Certification of Defendant's Right to Appeal / Notice
    of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
    Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
    EXHIBIT 2 - Trial NO. F-0555473
    Original Indictment / Original Plea Agreement / Judicial Confession /
    Docket Sheet / Certification of Defendant's Right to Appeal / Notice
    of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
    Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
    EXHIBIT 3 - Trial No. F§0556279
    Original Indictment / Original Plea Agreement / Judicial Confession /
    Docket Sheet / Certification of Defendant's Right to Appeal / Notice
    of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
    Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
    EXHIBIT 4 - Trial No'. F-0557397 l
    Original lndictment / Original Plea Agreement / Judicial Confession /
    Docket Sheet / Certification of Defendant's Right to Appeal / Notice
    of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
    Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
    EXHIBIT 5 - Deadly Weapon Allegation No. F-O554511 only
    CERTIFICATE OF AUTHENTICITY
    I, Raul David Jackson, Applicant pro se, do certify and
    declare under penalty of perjury that the documents contained in
    this Suppl€mental``Appendix to Brief in Support of Application for
    Writ of Habeas Corpus are true and correct copies of originals as
    provided to Applicant by the Dallas County District Clerk.
    EXECUTED this 3rd day of June, 2015
    _‘QA » //‘
    David Jackson
    Applicant, Pro Se
    EXHIBIT l
    EXHIBIT l
    CAUSE NO. F-0554511
    EXHIBIT I
    JS `` .: ='
    F;_
    DEFENDANr Jackson, Raul David B M 06061969 cHARGE Poss CS INT DEL 4000/21\11'}:":.'€/"``;"
    AKA: l
    ADDRESS 4814 Parrv B Dallas 'rx - LOCATION pso '
    FILING AGENCY TXDPDOOOO DATE FILED J_uly_l4 2005 COURT CDC5
    COMPLAINANT McKinney, V . F-0554511 VT#:
    C/C Francisco Trevino: d
    'Jacqueline Trevino
    TRUE BILL INDIC'I``MENT
    IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
    Dallas County, vState of Texas, duly organized at the July Term, A.D., 2005 of the
    Crirninal District Court 5 , Dallas County, in said Court at said
    Term, do present that one JACKSON, RAUL DAVID , Defendant,
    On or about the 8 th day of July A.D., 2005 . in the County of Dallas and said State, did
    unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an
    amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
    the lOTH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND
    IUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID
    JACKSON and said conviction was a final conviction,
    against the peace and dignity of the State.
    rf¢w.a/
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    sirA'rE oF TEXAS ~ § t IN THE C@C (’(
    .vs. § DIsTRIcT coURT ~
    _ ] l'\ Clli @ruf, 569 o ( § ' DALLAS CoUNTY, TEXAS
    PLEA AGREEMENT
    'l.``O THE HONORABLE .TUDGE OF SAID COURT: » `` '
    The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the
    following agreement: _
    Defendant’s plea: [\{ uilty . [ ] Nolo contendere
    [ ] Defendant will testify. [ Defendant will NOT testify.
    Plea to enhancement paragraph(s): [ rue [ ] Not true
    Type of plea: [ Plea bargain ‘ [ ] Open plea
    Open as to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitutionk
    [ ] Other:
    State’s recommendation:
    Agr ed sentence:v
    [ Confmement in (penitenlia)y)(sta»tejar``l}~(ceun$¢-jail) for l 3 ' (years) (men+hsj~(duys).
    [ ] Post-conviction community supervision, confinement probated for `` (years) (months) (days).
    [ Deferred community supervision for (years) (months) (days). .
    [ Fine of$ 31 °O 5 . [ ] To be paid. [. ] To be probated.`` `` .»
    [ ] Boot Camp [ ] Shock Probation [ ] Substance Abuse Felony Program 1
    [ ‘] Judicial Drug Treatment Center [ ] CEN]KOR [. ] Dallas County Jail Chemical Dependency Program
    [ _ ] Restitution in the amount of $ . _ [ ] Back-time NOT included.
    [ ] Back-time included - - .
    [ ] efendant will sign waiver of extradition. " ' [ ] Defend nt know' gly and voluntarily waives appeal.
    ['~ Other: @M \l' _.\£<>`` all bar lt tim/z , /i,/{ §ov- r/~<'/J l/W rio/Jva
    l
    l [ ] CHANGE OF NAME (Applicable only if box is checked) ,
    The defendant having suggested that his/her true name is other than that set forth in the charging instrument, l
    and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
    nameto be , said motion is hereby granted. It is so ordered.
    _ COURT’S ADMONITIONS TO DEFENDANT
    You are charged with the offense of: ' EC' § "l Zi() j
    ‘ The 'unishment range for the offense charged is: -
    [ ' 1“ Degree Felony,( 5 - 99 years or Life and an optional fine not to exceed $10,000.00.
    [ ] Z“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
    [ ] 3rd Degree Felony, 2 - lO years confinement and an optional fine not to exceed $10,000.00.
    [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $l0,000.00.
    l l . ,
    You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call
    witnesses in your own behalf You have a right to testify, but you cannot be compelled to do so. ~ The prosecuting
    attorney’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea
    if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
    which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
    appeal or the matters appealed Were raised by written motion filed and ruled on before the plea. If you enter a plea of
    guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
    allowed by law. Ifyou are not a citizen of the United States, a plea of guilty or nolo contendere _may, and under current
    F ederal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States,
    or denial of naturalization If you have a court-appointed attorney, you have a right to ten days from the date of the
    attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and,
    unless you``are on bond, a right to two entire days alter being served with a copy of the charging instrument before being
    arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
    subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no
    appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
    including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
    then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex
    Offenders, which is incorporated by reference and attached hereto.] '
    DEFENDANT’S STATEME'NTS AND WAIVERS
    With the approval of counsel, defendant makes the following statements and waivers. lam the accused in the y
    .»hgminu inqmim¢=_nt and nm mentallv competent I understand the nature of the accusation made against me, the range l
    \
    \
    I hereby waive my right to b1 ied on an indictment returned by a grand s ,/; any and all defects, eirors,' or
    irregularities whether of form or substance, in the charging instrument; my right to a jury tiial; and my right to remain
    silent l waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination
    ``. of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
    and the preparation of a`` pre-sentence report 1 consent to the oral or written stipulation of evidence or testimony, to the
    introduction of testimony by affidavits or written statements of witnesses and to all other documentary evidence,
    / I admit and judicially confess that I committed the offense of VCS L’l 004 on___
    ?{Y log _____e_xactly as alleged in the charging instrument I affirm that my plea and judicial e‘bnfession are freely and ``
    voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.
    I understand the admonitions regarding unadjudicated community supervision, and that I will be required to
    register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under
    Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniforrn Extradition Act, should I
    be charged with a violation of my community supervision and be arrested in another state, I have the right to require the .
    issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,'
    and t c right to apply for a writ of habeas corpus to contest my arrest and return to this State.
    [ l voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right
    to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such
    waiver is irrevocable
    [ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’s
    recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and
    intelli ntly give up and waive my right to any appeal
    l %}:FENDANT’S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only ifbe is checked)
    legally convicted of the offense(s) alleged therein.
    _ SIGNATURES AND ACKNOWLEDGMENTS
    I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and l understand,
    all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
    knowingly, freely, and voluntarily made with full understatide of the consequences I request that the Court accept '
    all my waivers, statements, agreements, and my plea.
    llé?§@l@l - @é\(:twé/: /ZM>»/
    ate 4 r;l§``efendant) `` 120 ( ‘;T-BC/£:Gf
    Printed Name:
    I have consulted with the defendant, whom I believe to be competent concerning the plea in this case and have
    advised the defendant of his/her rights. I approve and agree to all waivers, statements,a and a eements of the defendant ~
    herein and ask the Court to accept them and the defendant’ s plea.
    ll l BOlOl /t// 9
    Date Attomey for Defendant 4/ 66
    Printed Name: /) l (/L C)<
    State Bar # , Olfdll/@l{°l ?'
    As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations
    4 in this instrument
    . / l n
    Assistant District Ano/ ~|
    "‘ C/'
    Date
    Printed Name:
    State Bar# ¢'>'L C,/L/Y L”/l/ 4/
    It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the
    defendant understands the nature and consequences of the charge, and the parties have sented to and approved
    the waiver of jury trial and stipulations of evidence, the Court ?ds the aivers, a ee ents, and plea to have been
    knowingly, freely, and voluntarily made, approves the waiver d agrecinents, acc 5 the d endant’ s plea, approves
    the stipulation of testimony, and approves the change of ymcin h ein`` '
    Date. l l Judge
    I, the defendant, plead-true to the (second), (third), (second and third) enhancement paragraph(s) which is/are l
    contained in the charging instrument, and judicially confess that I am the same person who was previously duly and _ -
    JS
    DEFENDANT Jackson, Raul David B M 06061969 CHARGE POSS CS INT DEL
    400<3/2ND
    AKA: `` :
    ' l
    ADDRESS 4814 Parrv B Dallas Tx LOCATION D_SO________________
    FILING AGENCYTXDPDOOOO DATE FILED July 14, 2005 COURT CDC5
    COMPLAINANT McKinney, V F-05545 ll VT#:
    C/C Francisco Trevino:
    Jacqueline Trevino
    THE srArE oF TEXAS cAUsE No. F-0554511
    vs.
    cRiMiNAL Disriuc'r COURT 5 ;
    Jackson, Raul David 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 constitutional right against self-incrimination, and alter having been sworn, upon
    oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
    correct and constitute the evidence in this case:
    On the 8 th day of July A.D., 2005 , in Dallas County, Texas, I did unlawfully,
    unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an
    amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said -``l
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on`` the 1‘
    lOTH day ofNOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL ll
    DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said l"'
    conviction was a final conviction, ' l
    l further judicially confess that l committed the offense with which l stand charged exactly as alleged in the
    indictment in this cause.
    rigid tarr/lam
    Attohie§hfor yéfendant /< \ Defend t :
    swoRN To AND suBscRiBED before me on the 2 day of e\./q , 20 C_S .;
    APPROVED BY: JiM HAMLiN, cLERK
    DISTRICT COURTS OF f
    DALLAS-CO .I>)TY, TEXAS t
    . / V \/ ;
    Assistant District Attorney Deputy `` trict Clerk j
    Defendant's agreement to stipulate and waiver of confrontation and cross-examiation
    approved by the Court. The above J udicial Confession is hereby approved by the
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    'l``RlAL COURT’S CERTIFI.CATION'OF DEFENDANT’S RlGHT Oll*`` APPEAL*
    l, judge of the tri"al court, certify this criminal case:
    l:l is not a plea-bargain case, and the defendanthas the right of appeal, [or]
    :l is a plea-bargain case, but matters were raised by written motion filed and ruled on
    before trial, and not withdrawn or waived, and the defendant has the right of
    appeal, [.or]
    ' a plea-bargain case, but the trial court has given permission to appeal, and the
    ,,7//defendant has the right of appeal, [or]
    y go '
    the defendant has NO right of appeal, [or]
    Ju¢ ge L/ "" ' Date Signed
    l have received a copy ofthis certification: -
    De'l``endant (it``nut represented by counsel) Defendarlt’s Coltnsel f f
    l\'lailing Address: State Bar No.: 05( ‘?§Z lt C( 9
    Mailing Address: . '
    'l``elephone !l; l /(/ZO/ l§ /rt_/t 71¢§ §/t)
    ll"lx # llf 311)') l Telephone #; ( ~‘
    Fax#(_it``any): 066 //[{~( jj "71{ 502__
    “"A defendant in a criminal case has the right ol"appea| under these rules. The trial court shall enter
    a Certification of the defendant’s right to appeal in every case in which it enters ajudgment ofguilt
    or other appealable order. ]n a plea bargain case -~-- that is, a case in which a defendant’s plea was
    guilty or nolo contendere and the punishment did not exceed the punishment recommended by the
    prosecutor and agreed to by the defendant ~--- a defendant may appeal on|y: _(A) those matters that
    were raised by written motion filed and ruled on before tria|, or (B) after getting the trial court"s
    - permission to appea|. TE.X/\S RULE (``)F APPEL,LATE I"ROCED!,J``RE 25.2(:1)(2).
    N_.o_w
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    uAnLAs couNTY, TEXAS - - ' .,Sao' oooe~
    oFFENSE MFR cs 4c v TtME 143150
    REuUceu.oaARGE
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    nrsposeu BY educ y
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    l)T S']‘RIC']1 _ CLE ' § . 1 - - ~RELEASE INE'ORMNJ'.']'C)N ~
    DALLAS COUN'.['Y , . XAS 5 ' » REMARKS ’ '
    <...._..~ ..”..__.__-_.._,.._-_- .._._..._ ! i
    SEQ 0001
    ‘ \J.L:»"``L\``L.' L"``\J»_)' "
    REDUCED CHARGE
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    SENTENCE
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    29
    SENTENCE~DEFT
    m l , . .J . , .I \ . J ~l .
    ET TO GO TO COURT ON A FUTURE DATE TO BE
    SENTENCE’IN ERROR THANK YOU
    a 3
    HTSTRLLJ uhmmh
    5 DALLAS COUNTY, TEXAS
    ____...____..,._.__.___,._._..,.._,__.._....__ ____». .-'-_-- v
    JUDGMENT
    CERTIFICATE OF THUMBPRINT
    c_AUsE No. fd§“§'#j/" /
    THE sTATE oF TEXAS b ' - IN THE
    vs. ' DISTRICT coURT # “¢/ -.
    //él/§L¢/L \;7£5“/¢5do 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 Tst /3 DAY oE'./>i“é€é/¢?j)/;;€ , .20_§@_§.
    %/%;%A%¢/; 7
    : ‘ BAILIFF/DEPUTY SHERIFF
    *,Indicate here -if print other than defendantls right thumbprint
    i's placed in box: ’
    left ehumbprine ' left/righe index finger
    other,
    \ .
    MOTION TO DISMISS PROSECU'l 10N Form 183 ('(Lé’l ( /3/
    THrE STATE oF TEXAS,
    No. F05-54511-K vs. IN THE CRIMINAL
    DISTRICT COURT FOUR
    OF DALLAS CouNTY, TExAs
    EOOCUJW>CHJWOCMW>
    RAUL DAvn) JACKSON APRIL TERM, A.D., 2006
    PID 4006
    Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
    cause, for the following reasons, to-wit:
    The above case has been reindicted as C_ause Number F06-00445-K.
    WHEREFORL~:l PREMISES CONSIDERED, the State respectfully requests that this case be dismissed
    Wéd t)"n" Molio``h" el Disl``.- lll*fy.i
    EXHIBIT 2
    CAUSE NO. F-0555473
    EXHIBIT 2
    EXHIBIT 2
    JS
    DEFENDANT Jackson, Raul
    B M 06061969 CHARGE DEL CS lG/ZND
    AKA:
    ADDREss _.LocATIoN DSQ
    FILING AcEch TXDPDoooo ’DATE FlLED Augusr 05, 2005 l coURT cDCs
    coMi>LAlNANT McK'mney,V F-0555473 l vr#=
    c/c l l
    TRuE BILL 1N1)1cTMENT
    IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
    Dallas County, State of Texas, duly organized at the July Term,A.D., ' 2005 of the
    Criminal District Court 5
    Term, do present that one
    , Dallas County, in said Court at said
    JACKSON, RAUL , Defendant,
    On or about the ll th day of May A.D., 2005
    in the County of Dallas and said State, did
    unlawfully and knowingly deliver, to-wit: actually``transfer, constructively transfer and offer to sell a
    controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
    dilutants, of l gram or more but less than 4 grams to V. MCKINNEY,
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
    the lOTH day of NOVEMBER, 1989, A. D., in Cause Nurnber F89- A4573- S on the docket of 282ND
    JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID
    JACKSON and said conviction was a final conviction,
    against the peace and dignity of the State.
    Bill Hill
    /i%wé' .Q\/
    /'/
    E‘,\.-.,mn» n{»``HA mind lnr\l
    srArE oF TEXAS _ " v § . mTHE CDC%
    _ / vs. _ § . DISTRICT COURT ~
    ' J QCKS<>N} 60 Vl _ § f .~ _.DALLAS coUNTY,TExAs
    l l PLEA'AGREEMENT `` v
    TO THE HONORA_BLE JUDGE OF SAID COURT: -
    The defendant herein and the attorneys for both the defendant and the State waive a jury tn``al and make the
    following agreement ' .
    Defendant’s plea: ' [ Guilty l [ ] Nolo contendere
    [ ].-Defendant will testify. [ ] Defendant will NOT testify.
    Plea to enhancement paragraph(s): [ rue [ ] Not true
    Type of plea: [ Plea bargain ' [ ] Open plea
    Open as to: [ ]Deferred Adju``dication [ ] Community Supervision [ ] Fine [ ] Restitution,
    [ ] Other: ``
    State"s recommendations '
    Agre d sentences `` ~
    [ Confinement in @)enitentiary)(sta¢e-jaél)(eow#yjail)~for l § &@l (years) (mau¢l¢s)-(duys;l.``
    [ ] Post-conviction community supervision, confinement probated for _ (years) ()_nonths) (days).
    [ eferred co unity supervision for (years) (months) (days). ‘
    [ _ Fine of$ `` °O') lib . [ ]To be paid.» [. ]To be probated.
    [ ] Boot Camp [ ],Shock Probation [ ] Substance Abuse Felony Program _ _
    [ '] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program
    [ _ ] Restitution in the amount of $ . . [ ] Back-time NOT included.
    [ ] Back-time included ~ , . _ .
    [ efendant will sign waiver of extradition. 5 l ] Defendant knowingly and voluntarily waives appeal,
    [' Other: (‘/riwl~'t ¢Foi~ a(/ljpacl/tl‘iM/, atf 53er f~ /w~ forevde
    [ ] CHANGE OF'NAME (Applicable only if box is checked)
    The defendant having suggested that his/her true name is other than that set forth in the charging instrument,
    and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
    name,to be ' , said motion is hereby granted. It is so ordered..
    4 COURT’S ADMONITIO T DEFENDANT
    You are harng with the offense of: &,§ l d ”‘ "l ‘i
    ll::};¢d;.hment range for the offense charged is: _ / J
    [ ' l" Degree Felony, 5 - 99 years or Life and an optionalfme not to exceed $l0,000.00.
    [ ] 2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
    [ ] '3"1 Degree Felony, 2 - 10 years``conftnement``and an optional fine not to exceed $l0,000.00.
    [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
    l l ,
    You have an absolute right to a jury tn``al, to confront and cross-examine the witnesses against you, and to call
    witnesses in your own behalf.~ _Youl have a right to testify, but you cannot be compelled to do so. -The prosecuting
    attomey’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea
    if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
    which you have -plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
    appeal or the matters appealed were raised by»written motion filed and ruled on before the plea, If you enter a plea of
    guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
    allowed by"law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may,' and under current
    Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States,
    or denial of naturalization If you have a court-appointed attomey, you have _a right to ten days from the date of the
    attomey’s appointment to prepare for nial. You have the right to be tried on an indictment returned by a Grand Jury, and,
    unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being ~
    arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
    subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no
    appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
    including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
    then continue as if the adjudication of guilt had not been deferred. '[In sex offense cases, see Court’s Admonition to Sex
    Ot``_fenders, which is incorporated by reference and attached hereto.]
    , . DEFENDANT’S STATEMENTS AND WAIVERS
    With the approval of counsel, defendant makes the following statements and waivers. lam the accused in the
    -t...,...~..,. :Mh...m¢m+ ana am mpninllv mmnetent_ l understand the nature of the accusation made against me, the range
    '\_ A"__§
    I hereby waive my right to b ied on an indictment returned by a grand ._ '/; any and all defects, eirors§ or
    irregiilarities, whether of form or substance, in the charging instrument; my right to a jury tiial; and my right to remain
    silent. I waive arraignment and reading of the charging instrument; theappeaiance, confrontation, and crossiexamination
    »of witnesses; my right to ten days to prepare for trial alter the appointment of counsel (if counsel has been appointed);
    and the preparation of a`` pre-sentence report. ``l consent to the oral or written stipulation of evidence or testimony, .,to the v
    introduction of testimony by affidavits or written statements of witnesses, and to 31 otaer documentary evidence.
    I admit and judicially confess that I committed the offense of " q on_____
    § l [' O§§__exactly as alleged in the charging instrument l affirm that my plea and judicial confession are ii'eely and/
    voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.
    I understand the admonitions regarding unadjudicated community supervision, and that I will be required to ~
    register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under
    Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniforrn Extradition Act, should I
    be charged with a violation of my community supervision and be arrested in another state, I have the right to require the .
    issuance and service of a wairant of extradition, the right to hire legal counsel, _or, if indigent, to have counsel appointed,'
    andt e right to apply for a writ of habeas corpus to contest my arrest and return to this State.
    [ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right
    waiv r is irrevocable.
    [ Iunderstand that I have a right to appeal to the Court of Appeals. lf the trial court follows the terms of the State’ s
    recommendation as to sentencing, then, aner' consulting with my attomey, I do expressly, voluntarily, loiowingly, and _
    intelligently give up and waive my right to any appeal,
    \. DEFENDANT’S PLEA TO ENHANCEIV[ENT PARAGRAPH(S) (Applicable only if box is checked)
    egally convicted of the offense(s) alleged therein.
    SIGNATURES ``AND ACKNOWLED GMENTS ,
    I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and l understand,
    all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
    knowingly, freely, and voluntarily made with full under'stan
    all my waivers, statements, agreements, and my ple .
    0 6(   l`` '\ l v V .
    m ’l?“i§§?s ' Z?»~( annum
    I have consulted with the defendant, whom I believe to be competent conceming the plea in this case and have
    advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant -
    herein and ask the Court to accept them and the defendant’s plea. ~
    l l g 2 cl o ( ' . (7¢``
    ate 4 _ ~
    Attorney for Defendaiit _ _ g
    Printed Name: ' ( (/C 0‘ ><'
    StateBar# . JWQSZ‘MT
    As attorney for the State, Ihereby consent to and appiove the requests, waivers, agreements, and stipulations
    in this instrument
    ' »»1 ' BILL l L, riminal District Attorney, Dallas County, by
    ' go Ol a (," » * _ -‘¢
    Da e
    Assistant Distri 51
    Printed Name :‘W O@\
    State Bar # L// q/ Z.
    lt appearing to the Court that the defendant is mentally competent and is represented by counsel, that the
    defendant understands the nature and consequences of the charge, and that all the parties have conse
    the waiver of jury trial and stipulations of evidence, the Court finds t wai ers, agreements, d p a to have been
    knowingly, freely, and voluntarily made, approves the waivers and a eemen , accepts the ’s plea, approves
    Date 4 Judge _ '
    to \c;i?est my return to the State of Texas from any jurisdiction where Imay be found. I understand and agree that such ``_
    I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are d v
    ntained in the charging instrument, and judicially confess that I am the same person who was previously duly and _ -
    g of the consequences. I request that the Court accept '
    and approved '
    JS
    DEFENDANT Jackson, Raui B M 06061969 cHARGE DEL cs 1G/2ND
    AKA: d
    _ADDRESS LOCATION DSQ
    FILING AGENCYI``XDPDOOOO DATE FILED August 05, 2005 COURT CDC5
    coMPLAiNANT McKinney, v F-055547``3 vT#=
    c/c
    THE STATE OF TEXAS n CAUSE NO. F-0555473
    VS.
    4 _ CRIMINAL DISTRICT COURT 5
    Jackson, Raul 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 constitutional right against self-incrimination, and after having been sworn, upon
    oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
    correct and constitute the evidence in this case:
    On the ll th day of May A.D., 2005 , in Dallas County, Texas, I did unlawfully,
    unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a
    controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
    dilutants, of l gram or more but less than 4 grams to V. MCKINNEY, ly
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
    lOTH day ofNOVEMBER, 1989, A. D., in Cause Number F89-A4573- S on the docket of 282ND JUDICIAL
    DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVlD JACKSON and said
    conviction was a final conviction,
    I further judicially confess that l committed the offense with which l stand charged exactly as alleged in the
    `` indictment 111 this cause, .
    APPROV B : /¥@
    Attorn§\for Déendant '
    Defed
    0
    SWORN TO AND SUBSCRIBED before me on the g 1 day of 6 \/ , 20 oy-
    APPROVED BY ~ JIM HAMLIN, CLERK
    `` DISTRICT OURTS OF
    M % By
    Assistant District Attorney
    \/1€!'
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    Cause No. DS/;`` §/``§``C/ 3/3
    "rr~n; sTArE or TEXAS _ § tN THE fi/)C L/
    vs. _ § _ msTRrC.T Counr ‘
    /l``ACl<§_<>/V/. £/rlvi 1 § DALLAS COUNTY, TEXAS
    'rR``rAL Coun'r's CE_RTIFI.CATloN or DEFENDANT'$ mch or AP"PEAL~+
    l, judge ol`` the trial cour“r, certify this criminal case:
    m is nol a plea-bargain case, and the defendantihas the right of appeal, [or]
    l:l
    is a plea~bargain case, but matters were raised by written motion filed and ruled on
    before trial, and not withdrawn or waived, and the defendant has the right of
    appeal, [01']
    L_i is ea-bargain case, but the trial court has given permission to appeal, and the
    ‘ efendant has the right ol" appeal, [or]
    and the defendzmt has NO right of appeal, [or]
    ``ved the right ofappeal.'"
    Judge nmi-Date Signed
    l lia-ve received a COI)Y of this certii``tcation: QQ .
    Defendant (if not represented by counsel) Defendant's Coui``tsel
    Mailing, Address: State'Bar No.:. O(/[¢{$r(('(€ il-
    __ r_ n Mailing Address: /HO/ é/M ?qé g;/O
    telephone ll.' . ,
    Fa.\: # (ifany) Telephone #: 06{ Nde '?~floz
    , Fax #(_ifany): 2((/( 110 _3[//
    "‘A defendant in a criminal case has the right ol"appeal under these rules. The trial court shall enter
    a certification ofthe defendant’s right to appeal in every case in``which it enters ajudgment ofguilt
    or other appealable order. ln a plea bargain case ---- that is, a case in which a defendant's'plea was
    guilty or nolo contendere and the punishment did not exceed the punishment recommended by the
    prosecutor``and agreed to by the defendant ---- a defendant may appeal only: (A) those matters that
    \vere raised by written.motion liled' and ruled on before trial, or (B) alter getting the trial'court’s
    1 permission to appeal TEXAS RULE OF APPEL,LATE PROCED{,,I``RE "_``5.2(.'1)(2).
    F ' f ..»
    '///’ ,»-
    i)
    .';
    '!
    v,-.
    l``)IS'POSEI) BY PGBC
    JN_cRJ_MJ.NAL.uls.'rR_J'-C'J.'Wcour<'r..4v
    _BALLAS COUNTY, TEXAS »
    13
    1° ~oFFENsE DEL cs len
    " REnUCEDvcHARGE~
    »'wSEQ ~Qooe¢@sm
    RTLME<143425
    REMARKS
    .DISTRTGT CLERK.
    DALLAS COUNTY,#TEX-
    ~' 'RELEASE.
    RKS '
    . ' ' " ' ,.``-; ``
    ``[~j '.~"’°\- . . ,-»'
    f -. ~' i-
    4 ~DALLAS COUNTY, TEXAS ' SEQ ``0002‘
    REI)iJcEI) cHARGE
    § SENTENCE
    T" N TH].S I)EF'].'. DEF'}‘ _]``S SET~']'O GO -']'O'COUR'_]' ON A FUTURE DATE 'J'O BE SEN``]'ENCEI,) Cii
    RECT]``,Y-PLEASE`` D[SREGARD DEF"L‘ SE``N'['ENCED _[N ERROR ‘[‘HANK YOU 4
    §(-».' DALLAS cOUN'PY, TEXAS ]_»R'EMARKS
    4 ] _
    JUDGMENT _
    \cERTIFIc:ATE oF THUMBPRINT
    C_A``USE No. /‘¢75?5547_3-._
    THE' s'I'ATE oF TEXAS ' IN THE
    vs. . ' DISTR_ICT coURT #4/
    /é/%'L \};7£/65”'@ ' DALLAS cOUNTY, TEXAS
    (,
    RI_GHT 'I'HUMB* Defendant's Lhand
    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 03 pfwa . ., .zo__7.
    BAILIFF/DEPUTY SHERIFF
    *Indicate here if print other than defendant’s right thumbprint
    is placed in box:
    left thumbprint l . " left/right index finger
    other,
    ./'\
    _.)-``
    ."``
    MO'I``ION TO DISMISS PROSECUTIO“ FOrm183- v l ‘ &/0/ /zg’L-'
    THE STATE oF TEXAS,
    NO. ]?05~55473-K VS. § IN THE CRIMINAL
    § DISTRICT COURT FOUR
    § OF DALLAS COUNTY, TEXAS
    RAUL DAVID JACKSON § . `` -APRIL TERM, A.D., 2006
    DEL Csic
    Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
    cause, for the following reasons, to-Wit:
    The above case has been reindicted as Cause Number P06-00448-K.
    WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.
    Med on Mouon 01 nash Auy., g lé¢-‘;SLo/'¢Az~ _ Asstg mgt ~.| l l
    __< ..$|d')
    ‘ lum
    f\')
    13 ii
    C.*? vi
    C.O
    O'\
    Wr%c@ W/A¢
    EXHIBIT 3
    CAUSE NO. F-0556279
    EXHIBIT 3
    EXHIBIT 3
    CH
    DEFENDANT Jackson, Raul David B M 06061969 CHARGE DEL CS 4G/2ND ‘
    AKA: i
    ADDRESS LOCA'I``ION DSQ y
    FILING AGENCY TXDPDOOOO DATE FILED August 25, 2005 COURT JDC195
    COMPLAINANT McKinney, V F-0556279 VT#=
    C/C ``
    TRUE BILL INDICTMENT
    lN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
    Dallas County, State of Texas, duly organized at the July Term,A.D., 2005 of the
    195th Judicial District Court , Dallas County, in said Court at said
    Term, do present that one JACKSON, RAUL DAVID , Defendant,
    On or about the 5 th day of July A.D., 2005 in the County of Dallas and said State, did
    controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
    unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a 4 ;
    dilutants, of 4 grams or more but less than 200 grams to V. MCKlNNEY, l
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
    the lOTH day of NOVEMBER, 1989, A.D., in Cause Number F89-'A4573-S on the docket of 282ND
    JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID
    JACKSON and said conviction was a flnal conviction,
    against the peace and dignity of the State. (
    Bill H_iu /;/ ; %//Q, ‘
    V \/V
    _1. . . .. ,..\,"__ n~._.~, 'r.,.,,,, Fnreman ofthe Grand Jury.
    C-::eNo.F QF``SZZV vi
    stairs oF TEXAS , - § - m THE 0 DC L/
    V ~ ' § DISTRICT conRT .
    FF»EVC< split [LB vi § '_ DALLAS CoUNTY,YE_xF_
    PLEA AGREEIV[ENT v
    TO THE HONORABLE IUDGE OF SA]D COURT:
    The defendant herein and the attorneys for both the defendant and the State waive a jury uial and make the
    following agreement .
    Defendant’s plea: [\// uilty t [ ] Nolo contendere
    [ ]_-Defendant will testify. [ efendant will NOT testify.
    Plea to enhancement paragraph(s): [ rue [ ] Not true
    'l[``ype of plea:`` [ Plea bargain ' [ ] Open plea
    ;)p;n(i);: to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitution
    er:
    State"s recommendation:
    Ag eed sentence: ``S/ ``
    [ Confinement in @enitentiary)(sta'tejm"lj~(eeumyjaii) for . l . (years) (movrthsj‘(duysj~
    [ ] Post-conviction community supervision, confinement probated for (years) (r;'zo)ztlzis) (days).
    [ j Deferred community supervision for ' (years) (montlls) (day.i').v ``
    [ _] Fme of$ 5 00 0 . [ ] To be paid. [. ] To be probated. il
    [ ] Boot camp [ ' ] Shock Probation [ ] Substance Abuse Felony Program ' _ §l
    [ '] Judicial Drug Treatment Center [ ] CENIKOR -[ ] Dallas County Jail Chemical Dependency Program »
    [ _ ] Restitution in the amount of $ _ . [ ] Back-time NOT included §§
    [ ] Back-time included `` - `` . i
    [ ] Defendant will sign waiver of extradition. 5 [ ] Defendant knowingly and voluntarily waives appeal, 1
    [`` ] Other: v `` . -
    [ ] CHANGE OF NAMlE (Applicable only ifbe is checked) -
    - .The defendant having suggested that his/her true name is other than that set forth in the charging instrument,
    and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
    nameto be , said motion is hereby granted. It is so ordered.
    - _ , COURT’S ADMONITIONS TO DEFENDANT
    You are charged with the offense of: DCS big ),0 0 4
    The ``unishment range for the offense charged is: ' ' J
    [ l“ Degree Felony, 15 - 99 years or Life and an optional fine not to exceed $10,000.00.
    [ ] _2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
    ] ?>"i Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $l0,000.00.
    State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
    [
    [ l`` ~-
    i ] 4 ) _ » . i
    You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call '
    witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do sc. ~'l'he prosecuting
    attomey’s recommendation as to punishment is not binding on the Court. You will be pemlitted to withdraw your plea
    if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
    which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
    appeal or the matters appealed were raised by written motion filedtand ruled on before the plea, If you enter a plea of
    guilty or nolo contendere and there is no"'plea bargain, the court may asses``s your punishment.anywhere within the range
    allowed by law. lf you are not a citizen of the United States, a plea of guilty or nolo contendere may,' and under current
    Federal Immigration rules is almost certain .to,' result in your deportation, exclusion from admission to the United States,
    or denial of naturalization If you have a court-appointed attomey, you have a right to ten days from the date of the
    attomey’s appointment to prepare for uial. You have the right to be tried on an indictment returned by a Grand Jury, and,
    unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being b
    arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
    subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no
    appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
    including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
    then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex
    Of_fenders, which is incorporated by reference and attached hereto.] ~
    DEFENDANT’S STATEMENTS AND WAIVERS l
    With the approval of counsel, defendant makes the following statements and waivers, lam the accused in the
    _1--1-__ .~1-.__.....,... ....,i ..m mpn+anv mmm=_ient_ I understand the nature of the accusation made against me, the range
    I hereby waive my right to b1 ed on an indictment returned by a grand ' `` ;any and all defects, errors or
    irregularities whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain
    silent. I waive arraignment and reading of the charging instrument; the appearance, connontation, and cross- -examination__ .
    of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
    and the preparation of a`` pre-sentence report. I consent to the oral or' written stipulation of evidence or testimony, to the _
    introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. ,"
    g/I admit and judicially confess that I committed the offense of DC§ "i 9 '~L°:? . on .__~_
    (l“'g' 0 exactly as alleged m the charging instrument. l affirm that my plea and judicial co ession are freely and '
    voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.
    I understand the admonitions regarding unadjudicated community supervision, and that I will be required to ~
    register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under '
    Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniforrn Extradition Act, should I
    be charged with a violation of my community supervision and be arrested in another state, I have the right to require the .
    issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,' '
    and e right to apply for a writ of habeas corpus to contest my' arrest and return to this State.
    »[ y I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right
    to``contest my return to the State of Texas tiom any jurisdiction'where I may be found. I understand and agree that such '_
    wai r is irrevocable
    [ ] I understand that I have a right to appeal to the Court of Appeals If the trial court follows the terms of the State’ s
    _ recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and
    intelligently give up and_waive my right to any appeal.
    ~ iDEFENDANT’S PLEA TO ENHANCEl\/IENT PARAGRAPH(S) (Applicable only if box is checked)- . ,
    I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are _
    c ntained in the charging instrument, and judicially confess that I am the same person who was previously duly andt 4
    legally convicted of the offense(s) alleged therein. '
    SIGNATURES AND ACKNOWLEDGMENTS
    I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and l understand,
    all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
    knowingly, freely, and voluntarily made with full understa of the consequences I request that the Court accept 4
    all my waivers, statements, agreements, and my plea.
    00( l 5>
    Date /fendant > MMJ
    Printed Name: . F/A (Kd 0 id
    I have consulted with the defendant, whom Ibelieve to be competent concerning the plea in this case and have ’
    advised the defendant ofhis/her rights. I approve and agree to all waivers, statements, and agreements of the defendant ~»
    herein and ask the Court to accept them and the defendant’s plea. '
    D' te Attomey_for Defendrint L , . t
    Printed Name: g L(/ C°)(
    StateBar# . ()_"iqira'(q:l'
    As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations
    in this instrument .
    lt 20 é-S/-
    Date
    Bl L .' lLL, C -- `` - l District Attorney, Dallas County, by l
    ,- v ~
    Assistant District At;o j . n
    Printed Name: C@;E€¢__; \ C£-\
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    'rtiu; sTA'rE or TEXAS ' § rN THE (‘/()(`` “(
    vs. _ if f § DISTRICT Coun'r
    ' /lz§ <,t/C§o/~)£, rt d ' § DALLAS COUNTY, TEXAS
    'l``RlAL COURT’S CERTIFI.CATION OF DEFENDANT’S RlGHT OI" APPEAL*
    I, judge of the trial court, certify this criminal case:
    m is not a plea-bargain case, and the defenclant»has the right of appeal, [or]
    l:l
    is a plea~bargain case, but matters were raised by written motion filed and ruled on
    before trial, and not withdrawn or waived, and the defendant has the right of
    appeal, [t)r]
    is a plea-bargain case, but the trial court has given permission to appeal, and the
    l_``l
    defentlanthas the right ofappeal, [or] .
    C§L is a-bargain c " , and the defendant has NO right of appeal, [or]
    ij
    . ived the right of appeal.' '
    \
    /.M
    . `` l
    juvdge "``Date Signed l
    l ~ ' ;:l
    l have received a COpy of this certification: ? .
    BAILIFF/DEPUTY SHERIFF
    *Indicate here if print other than defendant’s right thumbprint
    is placed in box: '
    left thumbprint ;eft/right index finger
    other,
    ___
    MOTION TO DISMISS PROSECUTION Form 183`` - ('QQ/ /38
    THE STATE OF TEXAS,
    NO. ]F05-56279-K vs. § IN THE CRIMINAL
    § DlsTRICT COURT FOUR
    § . OF DALLAS COUNTY, TEXAS-
    RAUL DAVID JACKSON § APRIL TERM, A.D., 2006
    DEL Cs 4c
    Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
    cause, for the following reasons, to-wit:
    The above case has been reindicted as Cause Number F06-00453-K.
    WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.-
    » ~.ed on Moiian iii Disi.~ At't"y‘_.
    EXHIBIT 4
    CAUSE NO. F-0557397
    EXHIBIT 4
    EXHIBIT 4
    /'\,
    MT
    DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 4G/2ND
    AKA:
    ADDRESS ' LocATloN WBII
    FILING AGENCY TXDPD0000 DATE FILED september 23, 2005 coURT CDCs
    coMPLAINANT MeKinney,V 'F-0557397 vT#=
    c/c '
    TRuE BlLL iNDIcTMENT
    IN_ THE NAME AND BY THE AUTHORI'I``Y OF THE STATE OF TEXAS: The Grand Jury of
    Dallas County, State of Texas, duly organized at the October Term, A.D., 2005 of the
    Criminal District Court 3 , Dallas County, in said Court at said
    Term, do present that one JACKSON, RAUL , Defendant,
    On or about the 20 th day of June A.D., 2005 in the County of Dallas and said State, did
    unlawfully and knowingly deliver, to~wit: actually transfer, constructively transfer and offer to sell a
    controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
    dilutants, of 4 grams or more but less than 200 grams to V. MCKlNNEY,
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
    the lOTH day of NOVEMBER, l989, A.D., in Cause Number F89-A4573-S on the docket of282ND
    JUDICIAL DISTRICT COURT,' of DALLAS County, Texas under the name of RAUL DAVID
    JACKSON and said conviction was a final conviction,
    against the peace and- dignity of the State.
    ' ' Bill Hin @ p/%¢¢J(/
    . , . . . ,..`` .. n . m ,, 1?,...,......... ,\&‘+k¢ fleman Turu
    ~
    ca:~No. F D$,' 572 57 ?j
    sTATE oF TEXAS . _ ~ § lN run l t .-&QC L{
    41 vs. § DISTf``i"l’ jlt Cc?~iillii'r-``* .
    Cl'(f\ Cl/¢£ QN,. lZn~/i § '_ , _.DALLAS COUNTY, TEXAS
    2005 DEC lZ fill llr 5141
    PLEA AGREEN[ENT'
    _ » . »t_l_r_"j'§ 3 l ill "‘»J ~
    To THE HoNoRABLE JUDGE oF sAID coURT: 4 9 U"f ‘,f:``}' fill C'.H.'L'“:li."i l
    ,_ The defendant herein and the attorneys for both the defendant and the §i“atd``\iia[i``\i“e ’a,jiifi/tr§al and make the
    following agreement . ' ' m"`` " ' 1 l
    _-Defendant’s plea: [ uilty _ [ ] Nolo contendere .
    [ ]_. Defendant will testify. [ Defendant will NOT testify.
    Plea to enhancement paragraph(s): [ rue _ [ ] Not true
    Type of plea: [ Plea bargain ' [ ] Open plea .
    :)p]elé):\hs to:[ ]Deferred Adjudication [ ]Community Supervision [ ]Fine [ ]Restitution_
    . er:
    State’s recommendation:
    Agr d sentence: - -
    [ Continement in (penitentiary)(…ail) for /\§/ (years) (mo.zulas)-(dayu;\:
    [ ] Post-conviction community supervision, confinement probated for (years) (months) (days).
    [ ] eferred community sgpervision for (years) (months) (days). ``
    [._ Fine of$ § Q 0[2 le . [ ] To be paid. [. '] To be probated. '
    [ ] Boot Camp Shock Probation [ ] Substance Abuse Felony Program ' 4
    [ '] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program
    [ _ ] Restitution in the amount of $ . . [ ] Back-time NOT included
    [ ] Back-time included - ' .
    [ ] efendant will sign waiver of extradition. `` [ ] Defendant knowingly and voluntarily waives appeal,
    [»~ other; all .§¢»/+€~ws fe /u/)J cemm,/f@/, [/mm``“ Fe~ edf bee/dme
    [ 1 cHANGE oF NAME (Applieable only ifb_ox is checked)
    The defendant having suggested that his/her true name is other than that set forth in the charging instrument, "
    and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
    nameto be - . , said motion is hereby granted. lt is so ordered. '
    _ COURT’S ADMONITIONS TO DEFENDANT
    You charged with the offense of: . D( § if 6
    l``\l;e{glgnishment range for the offense charged is: 'J
    [ ' l"‘l Degree Felony;($ ~ 99 years or Life and~an optional fine not to exceed $_10,000.00.
    [ '] 2"cl Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
    [ ] v3"l Degree Felony, 2 - lO years confinement and an optional fine not to exceed $10,000.00.
    [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
    l l ,
    You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call
    witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. - The prosecuting
    attomey’s recommendation as to punishment is not binding on the Court.`` You Will be permitted to withdraw your plea
    `` if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
    which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
    appeal or the matters appealed were~raised by written motion filed and ruled on before the plea, If you enter a plea of
    guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
    allowed by law. If you are not"a citizen _of the United States, a plea of guilty or nolo contendere may,' and under current '
    Federal Immigration rules i_s_almost certainvto, result in your deportation, exclusion from admission to the United States,
    or denial of naturalization If you'have a court-appointed attomey, you have a right to ten days from the date of the
    attomey’s appointment to prepare for trial. You have the right to be tried on an indictment retumed by a Grand Jury, and,
    unless you are on bond, a tight to two entire days alter being served with a copy of the charging instrument before being
    arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
    subjected to a hearing-limited to determining Whether or not guilt should be adjudicated. If guilt is adjudicatcd, no
    appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
    including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
    then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex
    Ot``_fenders, Which is'incorporated by reference and attached hereto.] *
    _ . l DEFENDANT’S STATEl\dENTS AND WAIVERS
    With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the
    ,n.-..:..... .'.~ ah»..mm+ ana gm mentallv cnmnetent_ I understand the nature of the accusation made against me, the range
    ,»/ § ' A_J
    Ihereby waive my right to b" led on an indictment returned by a grand j'; any and all defects, errors,`` or
    ‘irregularities, whether of form or substance, in the bharging instrument; my right to a jury trial; and my right to remain
    silent. I waive arraignment and reading of the charging instrument; the appearance, con&ontation, and cross¢examination
    'of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
    and.the preparation of ``a`` pre-sentence report ``I con lent to the oral or written stipulation of evidence or testimony, to the 4
    introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. ``
    _ I admit and judicially confess that I committed the offense of DC § "i a " 20 04 on __
    tv o 055 exactly as alleged in the charging instrument I aftirrn``that my plea and judicial confession are freely and-'
    voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole. -
    _ I understand the admonitions regarding unadjudicated community supervision, and that I will be required to -
    register as a sex offender if convicted of , or placed n community supervision for, one of the offenses enumerated under ' '
    Court’s Admonition to Sex Offenders, attached hereto. l understand that under the Uniform Extradition Act, should I
    be charged with a violation of my community supeiivision and be arrested in`` another state, I have the right to require the .
    issuance and service of a warrant of extradition, the lrright to hire legal counsel, or, if indigent, to have counsel appointed,'
    and ‘ e right to apply for a writ of habeas corpus tnr d rt . ' t »
    a c Prinet:dil:iame: /Kz o ( j/fl C kid /J
    I have consulted with the defendant, whoni Ibelieve to be competent,' concerning the plea in this case and have ``
    advised the defendant ofhis/her rights. l approve and agree to all waivers, statements, and agreements of the defendant -
    herein and ask the Court to accept them and the d¢ii:fendant’s plea ' ' '
    ~,,po pr- . ‘ g » ar tQ-L
    t Date nttomey for Defendant § Cb f
    Printed Name: ' l (,{, ‘ )(
    State Bar# 4 6‘»{@_§``(_\40(’}.
    . _ . 1
    As attorney for the State, Ihereby consenti to and approve the requests, waivers, agreements, and stipulations
    in this instrument, _ § - ,
    i
    _ -/)[3<>761”' ' IFH“PHIP
    Date v l '/ ' 1 .
    Assistant District A `` _
    _ Printed Name: k it § /;;j @\
    State Bar # @¢/Q/ 2:_
    lt appearing to the Court that the defend:ant is mentally competent and is represented by counsel, that the
    defendant understands the nature and consequences of the charge, and that all the parties have consented to and approved ~'
    `` lea to have been
    plea, approves -
    - knowingly, freely, and voluntarily made, approveslthe waivers and a
    the stipulation of testimony, and approves the change of name con
    !
    7 Date n _ i Jtl/dg``e _ D``\
    MT
    DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 4G/2ND
    AKA:
    ADDRESS LOCATION \.MBII
    FILING AGENCYTXDPDOOOO DATE FILED September 23, 2005 COURT CDC3
    COMPLAINANT McKinney, V » F-0557397 VT#:
    C/C
    THE STATE OF TEXAS CAUSE NO. F-0557397
    VS.
    `` CRIMINAL DISTRICT COURT 3
    Jackson, Raul k 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 F ederal and State constitutional right against self-incrirnination, and alter having been sworn, upon
    oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
    correct and constitute the evidence in this case:
    On the 20 th day of June A.D., 2005 , in Dallas County, Texas, I did unlawfully,
    unlawfully and knowingly deliver, to~wit: actually transfer, constructively transfer and offer to sell a
    controlled substance, to~wit: COCAINE, in an amount by aggregate weight, including any adulterants or
    dilutants, of 4 grams or more but less than 200 grams to V. MCKlNNEY,
    And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
    defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
    lOTH day ofNOVEMBER, l989, A.D., in Cause Nur'nber F89-A4573-S on the docket of 282ND JUDICIAL
    DISTRICT COURT, of DALLAS County, Tean under the name of RAUL DAVID JACKSON and said
    conviction was a final conviction,
    l further judicially confess that l committed the offense with which l stand charged exactly as alleged in the
    indictment in this cause,
    (/
    Atto>i\ed§DeAdant Defyathmt l
    go day of NW- 920 dy-
    SWORN TO AND SUBSCRIBED before me on the
    APPR E
    APPROVED BY¢ . JIM HAMLiN, CLERK
    , Disriucr coURTs or '
    DALWOUNTY, TEXAS
    By /%/Z/
    Deputy District Clerk _,.t
    Aisistant District Attorney
    Defendant's agreement to stipulate and waiver of confrontation and cross-examiatio ' e es
    approved by the Court. The above Judicial Confession is hereby approved by th
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    ' Cause No. O§"`` §``;'g ?;``
    'rt-n; srATr. or TEXAS § tN rata COC L(
    vs. . _ - § ‘ msTRrCT COURT
    TACl/Q§ O/\// £flv( § DALLAS COUNTY, TEXAS
    'l``RlAL COURT’S CERTIFI.CATION Ol``~ DEFENDANT’S RlGHT OF APPEAL*
    I, judge ot`` the trial court, certify this criminal case:
    i:i is not a plea-bargain case, and the defenclant'has the right of appeal, [or]
    l:l
    is a plea-bargain case, but matters were raised by written motion filed and ruled on
    before trial, and not withdrawn or waived, and the defendant has the right of -
    appeal, [or]
    i-:i is a plea-bargain case, buttlle trial court has given permission to appeal, and the
    defendant has the right ol" appeal, [or]
    C§< is a plea-bargain case, and tl e defendant has NO right ofap})eal, [or]
    i:i the def ant ha
    M _
    Judge / L// \ Date Signed
    l have received a copy oftl'tis certification:
    dea @#
    Deletldaitt,(il’ not represented by _counsel) Defendaiit’s Counsdl
    Mailing Address: Iztat§: Bar l(\ll(ci).: 0 qufz gaf/71 . .
    ' ai ing A ress: _ _ ‘ ,
    'l``elephone ill _ /g()/ /_/:->//i"~ #:g¢§/O
    lia.\: # (ifany) ~ Telephone #: _ . '
    m # (_irany); D”//”“i 72 911/le L
    l itt 120 ~- ?//r
    “:A defendant in a criminal case has the right ol~_``appeal under these rules. The trial court shall enter
    a certification of the defendant’s right to appeal in every case in which it enters ajudgment ofguilt
    or other appealable order. ln a plea bargain case -~-- that is, a case in which a defendant’s plea was
    guilty or nolo contendere and the punishment did not exceed the punishment recommended by the ``
    prosecutor and agreed to by the defendant ---- a defendant may appeal only: (A) those matters that
    were raised by written motion iiied'and ruled on bel"ore trial, or (B) alter getting the trial court’s
    . permission to appeal TEXAS RULE OF APPEl_.LATE PROCED!_,!RE '_``5.2(2\)(2).
    d ther ght ofappeal. '
    OFFENSE D
    »w»nah
    CS 4G
    REDUCED CHARGE
    _CRJMJ.'NM.' lr)'i'S"rr RELEASE*INFoRMATIoN-_;~F
    '-REMARKS := " -i~
    .,_.._,_ .”__~ r..__...,.
    \.a.v¢
    DALLAS ooUN'r‘Y, TEXAS ' size 0004"
    coco``rmu\a¢nm-*
    ~ REDUCED CHARGE
    l``\'l``1 fl\T'Vl\l" ¥1€
    SENTENCE
    RKS i/Lsuo umrt i.n uA…rL;“BEFT“thL``€' ``" " '”" 1 ``
    ~ N T'H]S DEFT DEFT SET TO GO BACK TO COURT GN A FUTURE DATE U'O BE CORRECTI.Y
    NTENCED- -PLEASE Dl SREGARD SBN'PENCE
    t80
    DALLAS COUNTY TEXAS ] REMARKS i
    "l:: . _' _ t t
    JIJDGMENT '
    cERTIFIc:ATE oF THUMBPR;;NT
    c_AUsE No_. - /U§=‘ 573 ?7 .
    THE sTATE oF TEXAS t _IN THE
    vS_ ' 4 oIsTRicT comer M_____ ``
    ,€A»ML JAé,e/§O``-'U DALLAS coUNTY, TEXAS
    Defendant's _;f§:z_hand
    THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE-
    vNAMED DEFENDANT’S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION
    OF THE ABOVE STYLED AND NUMBERED CAUSE.
    2211%70'7¢€/€ , .20 f-j.
    M;%Ӥ/?Y
    RIGHT THUMB*
    DONE IN COURT THIS /3> DAY OE
    ' `` ' ' vsaulI``t“t='/DEPU'L'Y sHERI FF
    ¥Indicate here if print other than defendant’s right thumbprint
    is placed in box:
    left thumbprine left/right index finger
    other,
    ______
    MOT£ON TO DISMISS PROSECUTIL,.< Form 183 4 ~ 4 (,@© ( / 37
    THE STATE oF TEXAS,
    No. F05-57397-K vs. § IN THE CRlMlNAL
    § DISTRICT COURT FOUR
    § OF DALLAS COUNTY, TEXAS
    RAUL DAVID JACKSON § APRIL TERM, A.D., 2006
    DEL CS 4c
    Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
    cause, for the following reasons, to~wit: -
    The above case has been reindicted as Cause Number FO6-OO450-K.
    WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed
    aimed ar notion tr mst.. my~. . , v 941/t . cat beth
    98 =‘E, tlcl Z- lil'd?tiill
    EXHIBIT 5
    DEADLY WEAPON ALLEGATION
    EXHIBIT 5
    EXHIBIT 5
    ' "1_*T_H~E ,S"TAT'E_oE TEXAS``, lN THE CRIMINAL
    Vs 4 4 4 _DIs.TtucT``coUR_T FoUR or
    ' -*'RAuL DAVID JACKSON DALLAS couNTY, TEXAS
    NOTICE OF THE STATE’ S SPECIAL PLEA OF
    USE OR EXHIBITION OF 4A DEADLY WEAPON
    COMES NOW 4THE STATE OF TEXAS by and through her Crirninal District Attorney
    giving the defendant the following notice of the State’ s intention to submit a special plea m this
    . cause::' -`` il ``\ .
    The State intends to seek a deadly weapon finding pursuant to TEX. CODE CRIM.
    ,
    1 4PROC. ANN. art. 42. 12 § 3 g(a)(2) The evidence Will show that the defendant used or exhibited
    4 avdeadlyl We_apon, to-wit: a_FIR_EA_RM during the commission of said offense or during
    ._ '# ``irnrnediate"tlight _the``r:eforin'.l `` .
    y ._.'l``_he State would show that said speciallpleadoesnot charge the defendant with an
    additional or different offense, nor does it prejudice the substantial rights of the defendant,
    Respectful_ly submitted,
    I                            

Document Info

Docket Number: WR-73,697-07

Filed Date: 6/8/2015

Precedential Status: Precedential

Modified Date: 9/29/2016