Semien, Erwin Eugene ( 2016 )

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COURT OF CRIMINAL APPEALS
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RECEIVED IN
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-·-----------------------------IN- THE-COURT--341 U.S. 58, 95 L.Ed
747, 71 S Ct. 595 (1951). I am still Suffering The "Collateral
Effects" of this Void Order as it has been used against me in
another court (see Exhibit C) Therefore the issue is Not Moot.
PRAYER FOR RELIEF
Applicant Hopes and Prays that this Honorable Court GRANT
any and all relief that applicant request as it would be "In
The Intrest Of Justice" and in compliance with the Laws of this
State as well as the Laws Of The UNITED STATES.
RECEIVED IN ,
COURT OF CRIMINAL APPEALS
JUN 17 2016
Abe1 Acosta, C~errk
2. )
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CERTIFICATE OF SERVICE
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I Hereby Declare Under Pentaly of Perjury That I am the
I
Petitioner, I have Read 'this petition or had it read to me,
and the information in this petition is true and cbrrect to
the best of my knowledge. I understand that any false statement
of a material fact may serve as the basis for prosecution for
prosecution for perjury.
Date:
f
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ERWIN SEMIEN (Petitioner)
!
EXHIBIT: A
EXHIBIT: B
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NO. 22,500
THE STATE OF TEXAS IN THE 75TH JUDICIAL DISTRICT COURT
VS. OF LIBERTY COUNlY, TEXAS
ERWIN EUGENE SEMIEN APRIL TERM, 2001
TRN #001 011 6842 JUDGMENT ADJUDICATING GUlLT:
SENTENCED TO INSTITUTIONAL DIVISION
JUDGE PRESIDING: J. C. ZBRANEK DATE OF JUDGMENT: JULY 26, 2001
STATE'S ATTORNEY: MICHAEL MARK DEFENDANrS ATTORNEY: PETER JUSTIN
OFFENSE CONVICTED OF: POSSESSION OF A CONTROLLED SUBSTANCE, NAMELY: COCAINE - HSC 481.115 (d)
DEGREE OF OFFENSE: SECOND DEGREE FELONY DATE OFFENSE COMMITTED: FEBRUARY 12, 1998
DATE OF SUPERVISION ORDER: AUGUST 18, 1999
PLEA TO MOTION TO ADJUDICATE: NOT TRUE FINDING OF COURT: TRUE
TERMS OF PLEA AGREEMENT (IN DETAIL): PUNISHMENT WAS ASSESSED BY THE COURT, JUDGE ZBRANEK.
CONDITIONS VIOLATED: (a) as set out in the State's Motion to Revoke Unadjudicated Probation.
{1) Th'e Defendant, ERWIN EUGENE SEMIEN, on or about the 7th day of June, 2001, In Uberty County, Texas did then and
there knowingly discharge a firearm at or in the direction of an individual, namely, Frances Thomas. Said offense occurred
during said probationary period.
DATE SENTENCE IMPOSED: JULY 26, 2001 COSTS: $256.00
SENTENCE OF IMPRISONMENT ATTORNEY FEES: $-0-
INSTITUTIONAL DMSION OF TOCJ: TEN (10) YEARS FINE: $ 2,500.00
TIME CREDITED: 10-07-1998 thru 10-08-1998/07-02-2001 thru 07-26-2001 DATE TO COMMENCE: JULY 26, 2001
TOTAL AMOUNT OF RESTITUTION: $140.00
RESTITUTION TO BE PAID TO: Deparbnent of Public Safety, Accounting: Lab Restitution, P. 0. Box 4087,
Austin, TX 78773,L-262314
THIS SENTENCE IS TO BE SERVED CONCURRENT WITH ANY OTHER SENTENCE UNLESS OTHERWISE SPECIAED.
On the date stated above, the Defendant entered a plea of nolo contendere to the offense stated above and was granted
a deferred adjudication In the above numbered and styled cause and placed on community supervision as stated above, subject
to the conditions of supervisjon set out in the order in this cause. Thereafter, and during the period of supervision, the State filed
a Motion to Revoke Unadjudicated probation in this cause, alleging that the Defendant had violated conditions ofsupeMsion set
out in said order.
On the 25111 day of July, 2001, both parties announced ready for trial, and the Defendant waived the reading of the Motion
in open Court and, upon being asked by the Court as to how the Defendant pleaded, entered a plea of not true to the allegations
in the Motion. Thereupon, the Court admonished the Defendant of the consequences of said plea and, it appearing to the Court
that the Defendant is ~mpetent and that the Defendant is not influenced in making said plea by a consideration of fear, or by any
CERTIFIED
COPY
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Page2 o£2
Cause #22,500
ElWin Eugene Semien
persuasion prompting said plea, the said plea of not true is by the Court received and Is here and now entered of record In the
Minutes of the Court as the plea of the Defendant. On July 26, 2001, the Court, after hearing all of the evidence for the State
and the Defendant and argument of counsel, is of the opinion and finds that the Defendant violated the conditions of the
Defendant's community supervision as stated above.
It is, therefore, ORDERED, ADJUDGED AND DECREED by the Court that the Deferred Adjudication Order, heretofore
entered In this case, is hereby set aside as stated above, and that the Defendant be and is hereby adjudged guilty of the offense
stated above, and that the Defendant committed said offense on the date stated above, and that punishment be fixed as stated
above by the Court
And thereupon the Court asked the Defendant whether the Defendant had anything to say why said sentence should not
be pronounced upon said Defendant, and the Defendant answered nothing In bar thereof. Whereupon the Court proceeded, In
the presence of said Defendant and the Defendant's attorney, to pronounce sentence upon said Defendant as follows:
It is ORDERED by the Court that the Defendant, who has been adjudged guilty of the offense stated above, be and is
hereby sentenced to the punishment stated above. The Defendant shall be taken by the authorized agent of the State of Texas
or by the Sheriff of Uberty County, Texas, and by him safely conveyed and delivered to the Director of the Institutional OMsion of
the Texas Deparbnent of Criminal Justice, there to be confined in the manner and for the period aforesaid. The Defendant is
hereby remanded to the custody of the Sheriff until such time as the Sheriff can obey the directions of this sentence.
Said Defendant is given credit on this sentence for the periods of 10-07-1998 thru 10-08-1998/ 07-02-2001 thru 07-26-
2001 on account of time spent in jail.
·~ned~S;~a
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Defendanfs _g_ thumbprint
Notice of Appeal: waived
Assistant District Attorney
Defense Counsel
FILED n
at.3:/0 o·~.
DO AUG 1.. 2001
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EXHIBIT: C
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN I)ISTRICT OF TEXA.SS. r.·:::: L~!``; GCURT
BEAUMdNT DMSION
UNITED STATES OF AMERICA *
*
VS. *
*
ER~EUGENESEN.ITEN *
CLINT LARIVE *
INDICTMENT
. THE UNITED STATES GRAND JURY CHARGES:
COUNT 1
That from on or about April, 2005, the exact date being unknown to the
Grand Jury, and continuing until on. or about May 17, 2005, in the Eastern District
of Texas and elsewhere, ERWIN EUGENE SEMIEN and CLINT LARIVE,
Defendants herein, did knowingly and intentionally, conspire, combine,
confederate and agree together, with each other, and with other persons known
and unknown to the Grand Jury, to distribute and possess with intent to distribute
a Schedule II controlled substance, namely, cocaine, in an amount of less than five
. hundred (500) :grams, in violation of Title 21, United·States Code, Section
841(a)(l), ~11 in violation of Title 21, United States Code, Section 846.
COUNT 2 I
On or,-caboutMay 13, 2005, in the Eastern District of Texas, ERWIN
EUGENE SEMIEN, Defendant herein, did knowingly and intentionally possess
with intent to distribute a Schedule II controlled substance, namely, cocaine, in an
A TR.UE COPY I CERTIFY
DAVID J. MALAND, CI.IERP<
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1
amount of less than five hundred (500) grams, in violation ofTitle 21, United
States Code, Section 84l(a)(l).
COUNT 3
On or about May 13,2005, in the Eastern District of Texas, ERWIN
EUGENE SEMIEN, Defendants herein, did knowingly and intentionally possess
- with intent to distribute a Schedule II controlled substance, namely a mixture or
substance containing a detectable amount of methamphetamine, in an amount of
less than fifty (50) grams, in violation ofTitle 21, United States Code, Section
841(a)(l).
COUNT 4
On or about" April 8, 2005, in the Eastern DistrictofTexas, CLINT
LARIVE, Defendant herein, did knowingly and intentionally possess with intent to
distribute a Schedule II controlled substance, namely, cocaine, in an amount of
less than five hundred (500) grams, in violation of Title 21, United States Code,
Section 841(a)(l).
COUNT 5
From on or about May 13, 2005, to on or about May 16, 2005, in the
Eastern District of Texas, ERWIN EUGENE SEMIEN, Defendant herein, did
knowingly,possess a firearm, namely, a Ruger, Model P90, .45 caliber pistol,
bearing serial number 66229202, a Raven Arms, Model1v.IP-25, .25 caliber pistol,
bearing serial number 1851075, a Rossi (Taurus) .38 caliber revolver, bearing
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serial number R179302, and a Essential Arms Company, Model J-1~, .223 caliber
rifle, bearing serial number EAl 0556, during and in relation to a drug trafficking
crime for which said Defendant may be prosecuted in a court of the United States,
namely, possession of cocaine and methamphetamine with intent to distribute in
violation of Title 21, United States Code, Section 841(a){l), all in violation of
Title 18, United States Code, Section 924(c)(l ).
~-COUNT 6
.. From on or about May 13, 2005, to on or about May 16, 2005, in the
· Eastern District of Texas, ERWIN EUGENE SEMIBN,"Defendant herein, did
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