Webb, Michael Renard

a ,¢iaq-oz,@zw/Os~ January 27, 2015 Tyler, Tei Re: Exparle Michael Regara’ We/)b, Case NO’S. 007-0447-1 l, 007-0048-.11, 007-0449-1 l & 007- 0450~1 l (In the 7"` Judicial District Court of Smith County, Texas). > Reply to State’s Original and Supplemental Answers to Application for Habeas Corpus Dear Clerk: Enclosed please find the original copy of Applicant Webb’s Reply to State’s Original and Supplemental Answers to his Original Applications for Writ of Habeas Corpus Applications, to be filed among the papers in the above-styled and numbered causes. . Please notify Applicant at his address listed below of the date of filing and disposition of these proceedings Thank you for your kind attention to this matter. Sincerely, WECE|VED ll\l mont oFcRiMiNAL APPEALS FEB 0 4 2015 '/ ..//L ';',/ ' 4 v ’P.: li ’ . Wynne Unit 810 FM 2821 Huntsville, Texas 77349 Abd Acosta, Cl@|'k Enclosures CC: '!’ Abel Acosta, Clerk Court of Criminal Appeals P.O. Box 12308 Austin, Texas 7871 l *I* Aaron S. Rediker Asst. District Attorney Smith County, Texas 100 North Broadway, 4"] Floor Tyler, Texas 75 702 File CASE NUMBER: 007-0447-11-A ©©WY § EX PARTE § IN THE DISTRICT COURT MlCHAEL RENARD wEBB § 71qu JUDIClAL DISTRICT APPLICANT, TDCJ-CID#01784539 § SMITH COUNTY, TEXAS APPLICANT WEBB’S REPLY TO STATE’S ORIGINAL AND SUPPLEMENTAL ANSWERS TO HIS ORIGINAL APPLICATION FOR WRIT OF HABEAS CORPUS WITH BRIEF IN SUPPORT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, your Applicant, Michael R. Webb, TDCJ-ClD#01784539, proceeding in pro se, in the above-styled and numbered cause pursuant to article 11.07, § 3 of the Texas Code of Criminal Procedure, and files this, his Reply to the State’s Original and Supplemental Answer(s) to his Original Application for Writ of Habeas Corpus and in support thereof`, would show the Court as follows: I. Jurisdiction The Court has Subject matter and jurisdiction over the parties pursuant to TeXaS Code Of criminal Procedure, Article 11.07. et. seq. II. CONFINEMENT & RES'I`RAINT Applicant Was indicted in cause number 007-0447-11, filed in the 7th District Court of Smith County, Texas, for the offense of Aggravated Assault on a Public servant with a deadly weapon, a first degree felony. Applicant, along with his two trial attorneys, Mr. Greg Waldron and Ms. Tonda Curry, tried the case in a bench trial before the trial court, Who, on April 20, 2012, found Applicant guilty as charged in the indictment and assessed his punishment at life imprisonment in the Texas Department of Criminal Justice, Correctional lnstitutions Division ('1`DCJ-C1D).l Applicant had three other felony charges pending at that time, which two of which resulted from the same criminal episode as the instant case.2 A direct appeal was taken to the Twelfth Court of appeals in Webb v. State, No. 12-12-00175-CR, Wbo affirmed the judgment and sentence in an unpublished opinion dated June 25, 2013.3 No Petition for Discretionary Review was filed in this case.4 Applicant filed his original application seeking a Writ of habeas corpus in this case on September 20,-2014, as opposed to Respondent’s claim the same was filed on October 01, 2014.5 Respondent made a separate answer to the instant state writ application on l See Exhibit A & B, the Indictment and judgment, respectively, in case number 007-0447-11, which also alleged one enhancement paragraph;”...[t]hat on the 30th day of July, 1998, in cause number 241-80361-98 in the 241st Judicial District Court of Smith County, Texas, the defendant was convicted for the felony offense of robbery. 2 Applicant’s related unadjudicated cases at that time Were case number: 007-0448-11 for manufacture/intent to deliver a controlled substance, namely, cocaine >4g