in Re Michael Dwayne Williams

DENIED and Opinion Filed December 7, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00850-CV
IN RE MICHAEL DWAYNE WILLIAMS, Relator
Original Proceeding from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F85-83830-J
MEMORANDUM OPINION
Before Justices Osborne, Reichek, and Browning
Opinion by Justice Osborne
Michael Dwayne Williams has filed a petition for writ of mandamus seeking
to have the Court declare void the trial court’s written judgment, signed by the
Honorable Gary R. Stephens on January 8, 1986, convicting him of aggravated
sexual assault of a child. We deny relief.
Relator presented to the trial court a pro se document styled “Request to Take
Judicial Notice and Vacate Void Judgment.” While the matter was pending before
the trial court, relator filed this original proceeding complaining that the trial court
had not acted on his request and requesting this Court vacate the judgment as void.
The trial court subsequently denied relief on relator’s request finding it to be without
merit. To the extent relator requests mandamus relief against the trial court for
failing to act, the petition is moot.
Turning to relator’s request for relief on the merits, relator contends the trial
court’s written judgment is void because “Judge Charles McClure” presided over his
trial, but the judgment incorrectly reflects Judge Gary R. Stephens presided at trial
and Judge Stephens signed the judgment. Relator has included in his appendix a
jury waiver and plea agreement both signed by Charles McClure. He has also filed
an affidavit stating that he never appeared before Judge Stephens. Relator contends
that because Judge Stephens did not conduct any proceedings in the case, he is not
the “trial judge” who could sign the judgment under article 42.01, sect. 1 of the code
of criminal procedure and therefore the judgment is void.
The judgment reflects relator entered a negotiated plea of guilty in exchange
for a five-year sentence. At the time relator was convicted, the Honorable Gary R.
Stephens was the presiding judge of Criminal District Court No. 3. See, e.g., State
ex rel. Wade v. Stephens, 724 S.W.2d 141, 142 (Tex. App.—Dallas 1987, orig.
proceeding) (describing Judge Stephens as “”presiding judge of Criminal District
Court No. 3 of Dallas County”). The Honorable Charles McClure was a Dallas
County Magistrate at the time. See, e.g., Ex parte Stacey, 709 S.W.2d 185, 188–89
(Tex. Crim. App. 1986) (detailing facts in record showing the Honorable Charles
McClure served as Dallas County Magistrate in case).
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Relator provides only his affidavit, the plea agreement, jury waiver, and
judgment to explain what happened nearly thirty-five years ago at his plea hearing.
The judgment recites Judge Stephens conducted the plea hearing and in the absence
of evidence to the contrary, we assume the regularity of trial court judgments. See
Breazeale v. State, 683 S.W.2d 446, 450 (Tex. Crim. App. 1984) (op. on reh’g).
Moreover, even if Judge McClure presided over the plea hearing, the actual
judgment would need to be signed by the presiding trial judge and that would be
Judge Stephens. See Kelly v. State, 676 S.W.2d 104, 107 (Tex. Crim. App. 1984)
(magistrate’s actions are not binding until approved by the trial court); see also Act
of May 17, 1985, 69th Leg., R.S, ch. 480, § 1, 1985 Tex. Gen. Laws 1720, 2003
(current version at TEX. GOV’T CODE ANN. § 54.306) (describing matters that may
be referred to magistrate in Dallas County including “a negotiated plea of guilty
before the court”).
Relator bears the burden to prove his entitlement to mandamus relief. See
Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). We
conclude relator has not carried his burden.
Relator’s petition for writ of mandamus is denied.
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE
200850F.P05
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