4£*H answer the following questions:
-(A) 'What^was-thexa^evnumber? -. -r::- • : <••_-• • • •
(B) What was the decisipn and the date of thefd^isioh?
(14) Have you previously filed an application for a writ of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedure challenging this conviction?
•Q .yes '•! .no
ifyou answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals*writ number? _
Rev. #1/14/14
(B) Whatwas the decision and theldate oftfterdecisidnj?
-(G) PJease identify the reason that the eurrent claims were not presented and could
not haye been presented on your previous application.
.(15) |>P -yQ'u..cjup$ni^ othefstate or federal
court?
p. yes Q". 'ho;
If you answered yes, please prpvidethe name of the;court and the^a^nuiHber:
(16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies•••to:
any final felony conviction, including state jail felonies)
P yejs E3 no
If you answered yes, answer the following questions:
(A) What date diid you pr^htthe claim? , _... • .,,,..-. •-i _
(B) Did ypiireceive a^decisibharid^if yesiwhat was the date ofthe decision?
Ifyou answered no, pleaseexplain whyypuhavejiot; submitted your claim:
Rev, 01/14/14
(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief
summary of the facts. Ifyour grounds and briefsummary ofthefacts have not been
presented ontheform application, the Court'will not consider your grounds.
If you have more than four grounds, use pages 14 and 15 of the form, which you
may copy as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each
ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if you want to present legal
authorities, but the Court will not consider grounds for relief set out in a
memorandum.of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73
and does not exceed 15,000 words if computer-generated or 50 pages if not. If you
are challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum.
Rev. 01/14/14
PDKARO 0 8ADPLJA STATE OF TEXAS 01/28/2014
BOARD OF PARDONS AND PAROLES PAGE 1
NOTICE OF INITIAL DISCRETIONARY MANDATORY REVIEW
NAME: EVANS, SHAWN D.-;. .
-ID NUMBER: 01387198
(pt hi bft A)
SID NUMBER: 05719222 TDCJ
TDCJ-ID UNIT OF ASSIGNMENT: ALLRED
HOUSING ASSIGNMENT: BLDG 8-J-2 ROW 3 CELL 46
•SUBJECT:
i -
HB 1433 Initial Discretionary Mandatory; Supervision Review
Resords indi-.eSifce you have a corfljjaction' witjffiph tJ-S-feensc* date after
08/31/96 and you apS eligible for Mandatory Supervision; however, your
release to Mandatory Supervision will. not. occur if the Board of Pardons
and Paroles determines' that "your accrued "good^cojCidu-Gt • time.ds not .-an
accurate ref lectiojV of you'r""p6t'ehtiai* 'fof' fehab'ijlitation and your
release will endanger the public.. (See Texas Government Code Section
508.149*(b)) . This'determination is independent bf- any parole review
decisions and will"occur prior to your Pro'je'cte.df Release Date as
determined by TDCJ C.ID Classification and Records. Records currently
reflect your Projected Release Date as 05/28/20M.
* __ _,__
E - '''. *|
.submit any additional information to the Board, you
-
must do so in writisig and deliver.'it tp your unijt Institutional Parole
Office within 30 days from the date you receive-^and/or sign.this notice.
The Board will review" your file and all'available records after the 30
day^period has expi-ked and _no earlier... than, ..6p''.v.a^s b;e;fpre.^.your
pf:^:e@t/ed; 'R&p&ss^^^^'.'i^:Meterm±A^^f•|gu, wiSE^8p?P§'fSased-r
" After'the bisagtetidnary Mandatory'Supervision review is ..completed,
youwill be notif iepl-^of the ' Board ' s ..decision to-feither:
* Grant your releajse.'?on Mandatory Supervision '"ftMS)
°R :''IE" -' -- - Tp
*'"' Deny Mandatory^Supervision (DMS)., and assign ypu a next review (NR)
: dates for releaseK-cbnsiderati'on. .... L ••:'-.
- ••' =• -' • •- •'••^' • '' .- .•;•". ] , „ ...... . ...-
Snould you haic any questions regarding thisrnotice you are-to-
contact your unit institutional. Parole" Office &-«• _ ;'--•-> •'-'-
j.
Of-fender- signatured f
Date
Witness •> .s'-ignatur-e ±Uu I
Date
iMrf
30 DAYS FROM THE D^g-YOU RECEIVED AND/OR .SIGNED _<£IS, NOTICE IS:
7.) ••'
H.Bv'vT/43 3; NOTICE
CC: INMATE - TDCJ-pfv
t.
AD409:
&aa<4
N
TD.CJ - PD INMATE '»LE REG: N
>-' •;
*A X
Z'\K
UWIT COPY T. D.C.J. -INSTITUTIONAL DIVISION 10/20/14-995
IABS2400 INMATE TIMESLIPS
(EXhibi-t &3
NAME: EVANS,SHAWN D TDC NO: 01387198 UNIT: JA
RACE B
*PREV PRJ-REL-DATE: 08 11 2021
*PRES PRJ-REL-DATE: 08 11 2021 MAX-EXP-DATE: 08 11 2021
*INMATE STATUS: S3 W MAX TERM: 15 00 00
FLAT TIME CREDITED: 8 02 09 CALC BEGIN DATE: 08 12 05
GOOD TIME CREDITED: 5 01 00 TDC RECEIVE DATE 09 12 06
BONUS TIME CREDITED: 0 00 00 GOOD TIME LOST: 30
WORK TIME CREDITED: 2 08 08 WORK TIME LOST: 0
*TQTAL TIME CREDITED: 15 11 17
*STATUS EFFECT DATE: 11 04 13 JAIL GOOD TIME RECEIVED: YES
PAROLE DATA: SUBMITTED FOR BOARD REVIEW
^MONTHLY ABSENCE CALCULATION* 23.0 ABSENCES FOR 09/14
ANY ERRORS IN THE NUMBER OF DAYS OF UNEXCUSED ABSENCES MUST BE
REPORTED TO THE ABSENTEE TRACKING COORDINATOR ON YOUR UNIT NO
LATER THAN SIX MONTHS FOLLOWING THE REPORTED MONTH. FAILURE TO
RPPORT ERRORS MEANS AGREEMENT WITH THE REPORTED ABSENCES.
v *•
GROUrmONE:
RMP$ SUPPOSING (3RQIJNP^OpE:-
•frft ^i?pvir)prl K/ /^yWjSOft-W^xvoy r>M^: jkjm\tf; .^ ^iryKle
•fey?,, gfcJEA^ ovX-r^MZal-F. whfrl3 thp- klM/feS--AC fuAlOAk^Pg..,.....
nQ the ^MT&MdE lupc^d.Ge |.S ,y.EAg^....AA,ihi.e>)&ya? k Ira.
^MMifi?iic>,0 o£ K %louw-,ffZ_-.rii'ii?'1K^A iUKA^di^fc,,.,,£iUfo4-
rthERffeoM ... ._ ._. '
Rev. 01/14/14
Rev. 01,/1:4/14
GROUND. TWO:
I^T#SUPPGRTJ[N&G
Rev, 01/14/14
Rfiv.Ol/M/14
GROUND THREE:
FACTS SUPPORTING GROUND THREEj
10
Rev;,01/1.4/il
11
Kev. 0;i/14/14
GROUND FOUR:
FACmSU^PORTING'GROXMDFOrjR:,
12
RSSv. 01/14/14
;1'3
Rev. 01/14/14
GROUND:
hkK}d^R\/^f^fFVi^ioM 1aM5. ~£aI-£!Q
. k
FACT£SL1PPQRTIN&GR6UND:
AJ4a(!>IE€/ Ag£ Evhrfv+M) kJoiiOE n£ m'lh'A I rJ^CE^bAJA^J
/d^n-^/t/ . _ _.... _ _ ;::.... . _,,,. :_._.,
14
Rev; Ol/l 4/14
15
Rev. 01/14/14
WHEREFORE* APPLICANT PRAYS THAT TOE COURT GRANT APPLICANT
. 'RELIEF TO WHICHHE MAYBE ENTITLEDTN THISPROpEMNG.
VERIFICATION
This application must be verified orit will be dismissed fbrvnon-feompliartee, For
verification; purposes, anapplicant is apersoh f li%the application on his or her own behalf. A
petitioner is aperson filing the ^plieltiteonBehalfofaii'apjplicartt, fox
Signature of'Applicant /Petitioner (circfeMe)
SUBSCRIBED AND SWOfcB TO BEFORE ME THIS _DAY op 20_,
Signature of Notary Public
m
Rev. 01/14/14
PETITIONER?S;iNFORMATION
Petitioner's printed name:
State bar number, if applicable:
Address: .
Telephone^
Fa*:. .
INMATE'! DECLARATiON'
I, SkiAiA//) Ll/fi/)J _^____^_j> am the(fjplicajffi/-petitioner; (Circle one) and
being p^seh;tly%c&|perated.in //) C (J ~ 1~ D ^declare under penalty of
perjurythat, according to my belief* the facts stated in the above applicatipn are true an^correct,
' Slgnedon \\ JjJ I ,20! ft
jAaAjm. tva/HAs ; ....••
Signaturebof(ftppiIcart^/ Petitioner (Circle one)
17
Rey. 031/14/14?
FETITIONERfS INFORMATION
Petitioner's printed name; ., •-,,-,.- -,-..,-
Address: __i__i_i_i_ -—•„„,„,„„, •,.-v--
Telephone:
Fax: ,
on
,»2fl
Signajture pf^etiibnef
18:
•Reyj-^O1/14/14
CHRIS DANIEL
Harris County District Clerk
December 9, 2014
SHAWN D. EVANS
#1387198 ALLRED UNIT
2101 FM 369 NORTH
IOWA PARK, TEXAS 76367
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 1029072-A in the 338th District Court.
^ State's Original Answer'Filed December 9, 2014
• Affidavit
• Court Order Dated
I I Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
I I Respondent's Proposed Findings of Fact and Order ,
• Other
SinEereljhv
LeslieHeman3e77Der3jHy
Criminal Post Trial
lah
Enclosure(s) - STATE'S ORIGINAL ANSWER
1201 Franklin • P.O. Box 4651 • Houston, Texas 77210-4651 • (888)545-5577
Page 1 of 1 Rev: 01-02-04
•
B; I L j& i>
Chris Dank:;
District Clerk
DEC 0 &2014
CAiKFMn m?Qn7?_A Time: /-K53
Hariirf Ccrfinty, Texac /
Bv ^V V £
EX PARTE § IN THE 338th DISTRuTcOURT^
$ OF
SHAWN D. EVANS, § HARRIS COUNTY, TEXAS
Applicant
STATE'S ORIGINAL ANSWER
The State of Texas, through its Assistant District Attorney for Harris County,
files this, its original answer in the above-captioned cause, having been served
with an application for writ of habeas corpus pursuant to Tex. Crim. Proc. Code
Ann. art. 11.07 §3, and would show the following:
The applicant is confined pursuant to the judgment and sentence of the
>th
338 District Court of Harris County, Texas, in cause number 1029072, where the
applicant pled guilty and was convicted of the felony offense of possession of a
firearm by a felon.1 The trial court assessed punishment in accordance with the
agreed plea bargain at fifteen (15) years confinement in the Texas Department of
Criminal Justice - Institutional Division and ordered that the sentences in cause
numbers 1080203 and 1029072 run concurrently. No direct appeal was taken.
The applicant also pled guilty and was convicted ofthefelony offense ofpossession ofa deadly weapon in a
penal institution in cause number 1080203.
II.
The State denies the factual allegations made in the instant application,
except those supported by official court records, and offers the following
additional reply:
Reply to Applicant's Sole Ground for Relief
The applicant seems to allege he is being denied release to parole and that
his conviction does not fall under discretionary mandatory supervision.
Specifically, the applicant alleges that he does not have a case that falls under the
discretionary mandatory supervision guidelines and he was not convicted of an
offense where a deadly weapon was used. Applicant's Writ at 6. The applicant
further alleges that he is eligible for release on parole when his actual calendar
time served plus good conduct time equals one-fourth of the sentence imposed.
Applicant's Writ at 6.
An offender's eligibility for mandatory supervision is determined by
whether the offense of conviction was an eligible offense on the date it was
committed. Ex parte Mabry, 137 S.W.3d 58, 62 (Tex. Crim. App. 2004). Subject to
certain exceptions, a parole panel shall order the release of an inmate who is not
on parole to mandatory supervision when the actual calendar time the inmate has
served, plus any accrued good conduct time, equals the term to which the inmate,
was sentenced. Tex. Gov't Code Ann. §508.147(a). However, an inmate may not
be released to mandatory supervision if a parole panel determines in writing that:
(1) the inmate's accrued good conduct time is not an accurate reflection of thp
inmate's potential for rehabilitation; and (2) the inmate's release would endanger
the public. Tex. Gov't Code Ann. §508.149(b). To satisfy due process, the parole
board must provide an inmate with notice that he will be considered for release
on mandatory supervision prior to the review taking place. Ex parte Geiken, 28
S.W.3d 553, 560 (Tex. Crim. App. 2000). A decision under §508.149(b) is not
subject to administrative or judicial review. Tex. Gov't Code Ann. §508.149(d).
The applicant committed the offense for which he is serving his sentence in
the primary case on June 1, 2005. State's Writ Exhibit "A", Judgment of
Conviction by Court - Waiver of Jury Trial in cause number 1029072. The
applicant is mistaken in his assertion that his conviction does not fall under the
discretionary mandatory supervision guidelines. To the contrary, the applicant is
eligible for Discretionary Mandatory Supervision because his conviction for
possession of a deadly weapon in a penal institution was not listed as one of the
ineligible offenses on the date the applicant committed the offense. Tex. Gov't
Code Ann. §508.149(a) (West 2001). The applicant was given notice of the
Discretionary Mandatory Supervision review on January 28, 2014. Applicant's
Writ Exhibit "A", Notice of Initial Discretionary Mandatory Review. The applicant
was denied release to Discretionary Mandatory Supervision on April 14, 2014 for
the following documented reasons: (1) the record indicates the inmatP ha<:
repeatedly committed criminal episodes or has a pattern of similar offenses that
indicates a predisposition to commit criminal acts when released; (2) the inmate's
accrued good conduct time is not an accurate reflection of the inmate's potential
for rehabilitation; and (3) the inmate's release would endanger the public. State's
Writ Exhibit "&", TDO Parole Review Information for Shawn Evans, TDO Number
01387198. His next parole review date is in April, 2015. State's Writ Exhibit "B".
The applicant does not argue he was denied due process, or that the parole board
failed to follow the proper procedures in denying his release on mandatory
supervision, therefore, the applicant has failed to plead and prove facts which
would entitle him to relief. See Ex parte Rains, 555 S.W.2d 478, 481 (Tex. Crim.
App. 1976) (in order to obtain habeas corpus relief, an applicant must plead and
prove facts which entitle him to relief and he must prove his claim by a
preponderance of the evidence.)
The applicant's claim should be dismissed.
The applicant raises questions of law and fact which can be resolved by the
Court of Criminal Appeals upon review of official court recorrk anrl without thp
need for an evidentiary hearing.
IV.
Service has been accomplished by sending a copy of this instrument to the
following address:
Shawn Evans
TDCJ ID# 1387198 Allred Unit
2101 FM 369 North
• Iowa Park, Texas 76367
SIGNED this 9th day of December, 2014.
Respectfully submitted,
Vma/^-HtC
Jill Foltermann Burdette
Assistant District Attorney
Harris County District Attorney's Office
1201 Franklin, Suite 600
Houston, Texas 77002
(713)755-6657
Texas Bar ID #24055492
Certificate of Compliance
The State of Texas, through its Assistant District Attorney for Harris County,
files this, its Certificate of Compliance in the above-captioned cause, having been
served with an application for writ of habeas corpus pursuant to Tex. Crim. Proc.
Code Ann art. 11.07 § 3. The State certifies that the number of words in the
State's Answer, including the Certificate of Compliance, is 996.
SIGNED this 9th day of December, 2014.
Respectfully submitted,
WlfewvAtiTA
Jill Foltermann Burdette
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713)755-6657
(713) 755-5809 (fax)
Texas Bar I'D #24055492
ft
Case No. 1029072
INCIDENT NO./TRN: 9036040043-A001
The State of Texas In The 338TH District
v. Court
SHAWN K.EVANS Harris County, Texas
STATE ID NO.: TX05719222
Judgment of Conviction by Court—Waiver of Jury Trial
Judge Presiding: Date Judgment
Hon. BROCK THOMAS 8/15/2006
Entered:
Attorney for
Attorney for State: SEAN MCALISTER RANDALL AYERS
Defendant:
Offense for which Defendant Convicted:
POSSESSION OF FIREARM BY FELON
Charging Instrument: Statute for Offense:
INDICTMENT N/A
Date of Offense:
6/1/2005
Degree of Offense: Plea to Offense: Findings on Deadly Weapon:
3RD DEGREE FELONY GUELTY N/A
Terms of Plea Bargain:
THE 2nd ENHANCEMENT PARAGRAPH IS ABANDONED AND DISMISSED, 15 YEARS TDC
Plea to 1>1Enhancement Plea to 2nd Enhancement/Habitual
Paragraph: TRUE Paragraph: N/A
Findings on 1" Enhancement Findings on 2nd
Paragraph: TRUE Enhancement/Habitual Paragraph: N/A
Date Sentence Imposed: 8/15/2006 Date Sentence to Commence: 8/15/2006
Punishment and Place
of Confinement: 15 YEARS mSTrrUTIONAL DP7ISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
Q SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/AYEARS.
. Fine: Court Costs: Restitution: Restitution Payable to:
$N/A $ 226.00 $ N/A D VICTIM (see below) • AGENCY/AGENT (see below)
Sex Offender Registration Requirements do not apply to the Defendant. Tex. CodeCrim. Proc. chapter 62
'oThe age of the victim at the time of the offense was N/A
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.
00
a From 6/1/2005 to 8/15/2006 From to From to
^Time From to From to From ,to
^Credited:
If Defendant is to serve sentence in county iail or is given credit toward fine and costs, enter days credited below.
©
© N/A DAYS NOTES: N/A
(NAll pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.
j> This cause was called for trial inHarrisCounty, Texas. The State appeared by her District Attorney.
| Counsel / Waiver of Counsel (selectone)
Z;Ed Defendant appeared in person with Counsel.
cD Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel inwriting inopen court.
E Both parties announced readyfor trial. Defendant waived the right oftrial byjury and entered the plea indicated above.
SThe Court then admonished Defendant asrequired by law. It appeared tothe Court thatDefendant was mentally competent to
Dstand trial, made the pleafreely and voluntarily, and was aware ofthe consequences ofthis plea. The Courtreceived the plea and
"gentered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the
^presence of Defendant, the Court pronounced sentence against Defendant.
O EVANS 1080203.doc
™?P^ER'S MEMORANDUM
at the time ofimaging
The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUDLiTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions of Tex. Code Crim. Proc. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and
restitution as indicated above.
Punishment Options (select one)
£3 Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the
Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court
ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the
custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The (Jourt ORDERS that upon release
from confinement, Defendant proceed immediately to the Harris County District Clerk's office. Once there, the Court Orders
Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court
above.
• County Jail—Confinement/ Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to
the custody of the Sheriff of Harris County, Texas on the date the sentence is to commence. Defendant shall be confined in the
Harris County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall
proceed immediately to the Harris County District Clerk's office. Once there, the Court ORDERSDefendant to pay, or make
arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
[~] Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court ORDERS Defendant to proceed
immediately to the Office of the Harris County District Clerk. Once there, the Court ORDERSDefendant to pay or make
arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution / Suspension of Sentence (select one)
[3 The Court Orders Defendant's sentence executed.
I~l The Court Orders Defendant's sentence of confinement suspended. The Court Orders Defendant placed on community
•supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of
community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this
judgment by reference.
The Court ORDERSthat Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore, the following special findings or orders apply:
Signed and entered on August 15, 2006
Ntc Appeal Filed:.
Mandate Received:
After Mandate Received, Sentence to Begin Date is
Received on at AM /PM
By: ! _, Deputy Sheriff of Harris County
"Appeal waived. No permission to appeal granted.1
Cu
to
.X
•
Clerk: N. LOPEZ Right Thumbprint j
©
©
©
rf
o
o
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-o
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o
EVANS 1080203.doc Page 2 of 2
9>
<*'0 ""'"iffi
* 5
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this December 9. 2014
Certified Document Number: 24005206 Total Pages: 2
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
IDCJ Offender Details i'vajje I of 2
TDCJ Home New Offender Search
ITEXAS DEPARTMENT OF CRIMINAL JUSTICE
Name: EVANS,SHAVVN D SID Number: 05719222 TDCJ Number: 01387198
a r o i e it-evi
Parole Review Status
^OffenderiSs'CUirently in the Parole Review Process
The parole review process begins approximately six months before the parole eligibility date for a first review and four
months before the eligibility date in additional reviews. The process begins with the offender's file being reviewed for all
appropriate documents, including letters of support and protest. An Institutional Parole Officer reviews the file arid
interviews the offender before preparing a case summary for the Board voting panel. The Board normally will vote on
the case just prior :tothe;parole;eligibility date.
Offenders el|giblefdrimahdatbry supervision who committed an offense since September 1, 1996 are reviewed for
Discretionary Mandatory Supervision (DMS). An offender who has received a Serve All vote is reviewed for possible
release to ;PMSibyiavBpardpanel-prior to being released on the projected release date.
Last Parole Decision
DenaecE on 04/14/2014
DMS (04/2015)- Deny release to Discretionary Mandatory Supervision and set for next review.
Denial reason(s): 9D1, 9D2, 1D
* Note: One or more of the components indicated in each paragraph may apply, but only one is required for denial (D)
1D CRIMINAL HISTORY = THE RECORD INDICATES THAT THE INMATE HAS REPEATEDLY COMMITTED
CRIMINAL EPISODES OR HAS A PATTERN OF SIMILAR OFFENSES THAT INDICATES A PREDISPOSITION TO
COMMIT"CRIMINAL ACTS WHEN RELEASED; OR THE RECORD INDICATES THAT THE INMATE IS A LEADER
. OR ACTIVE PARTICIPANT IN GANG OR ORGANIZED CRIMINAL ACTIVITY; OR THE RECORD INDICATES A
JUVENILEOR AN ADULT ARREST OR INVESTIGATION FOR FELONY AND MISDEMEANOR OFFENSES.
9D1 DISCRETIONARY MANDATORY SUPERVISION - THE RECORD INDICATES THAT THE INMATE'S
ACCRUED GOOD CONDUCT TIME IS NOT AN ACCURATE REFLECTION OF THE INMATE'S POTENTIAL FOR
REHABILITATION
9D2 DISCRETIONARYMANDATORY SUPERVISION - THE RECORD INDICATES THAT THE INMATE'S RELEASE
WOULD ENDANGER THE PUBLIC.
Next Parole Review Date
httn://oftbnder,tdciiStete,tx.us/OffenderSearch/reviewDetail.action?sid=05719222&tdci 1.2/8/20M
DCJ Offender Details Page 2. of2
' *
04/2015
1
Back
For questions and comments concerning Parole Review Information, please contact the Texas Board of Pardons
and Paroles at 844^512^461 or:bDD-.osw(S>.tdci.texas,Qov. This information is made available to the public and
law enforcement in the interest of public safety. Any unauthorized use of this information is forbidden and subject
•to criminal prosecution.
The Texas Department of Criminal Justice updates this website regularly to ensure it is complete and accurate
:— please be aware,:this information can change unexpectedly. This website is regenerated on working days only
and the offender status information is at least 24 hours old. Therefore, details about an offender's parole review
•information-may not accurately reflect "real time" status.
:~Forifechnical difficulties with the search, please email: webadmin&tdci.texas^gov and explain the problem you
hare having. We will address the issue as quickly as possible.
New Offender Search TDCJ Home Page
• "#55?;
#i-fei:'Cv
"te*^-: :"ii(*W;
foltn'?//fiftenHftr;tHri ^ 19/8/0m:ilv
STATE_C5_~;''\S
I, Chris r***-< :£"::;Cfej^-r^County,
Chris £<*;::, ~*i•••-•. ^it-* ••;.& Texas, certify that
16 H-^;"v-•/^"o'Af.^al record filed and or recorded
thie
In1' of^c^-.-.!•::..:•• (.^••:i^y, a\it appears on this date.
', TEXAS
Deputy
CHRIS DANIEL
Harris County District Clerk
December 22, 2014
SHAWN K. EVANS
#1387198 ALLRED UNIT
2101 FM 369 NORTH
IOWA PARK, TEXAS 76367
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 1029072-A in the 338th District Court.
I I State's Original Answer Filed
• Affidavit
• Court Order Dated
O Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
3 Respondent's Proposed Findings of Factand Order December 17, 2014
• Other
Sineerely*
LeslieHernandez, Deput
Criminal Post Trial
lah
Enclosure(s) - STATE'S PROPOSED FINDINGS OF FACT AND ORDER
1201 Franklin • P.O. Box 4651 • Houston, Texas 77210-4651 • (888)545-5577
Page 1 of 1 Rev: 01-02-04
JL' M. 3~t Jiy XL&
Chris Daniel
District Clerk
DEC 0 9 2014
Time: ^ H P3
Hlirijls Ciounty,
CAUSE NO. 1029072-A
Deputy
,TH
EX PARTE IN THE 338m DISTRICT COURT
OF
SHAWN D. EVANS, HARRIS COUNTY, TEXAS
Applicant
STATE'S PROPOSED FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
The Court has considered the application for writ of habeas corpus, the
State's Original Answer, and official court records in the above-captioned cause.
The Court finds that there are no controverted, previously unresolved facts
material to the legality of the applicant's confinement which require an
evidentiary hearing and recommends that the relief requested be denied based
on the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. The applicant is confined pursuant to the judgment and sentence of the
338th District Court of Harris County, Texas, in cause number 1029072,
where the applicant pled guilty and was convicted of the felony offense of
possession of a firearm by a felon.
2. The applicant also pled guilty and was convicted of the felony offense of
possession of a deadly weapon in a penal institution in cause number
1080203.
3. The trial court assessed punishment in accordance with the agreed plea
bargain at fifteen (15) years confinement in the Texas Department of
>^
Criminal Justice - Institutional Division and ordered that the sentences in
cause numbers 1080203 and 1029072 run concurrently.
4. No direct appeal was taken in the primary case.
5. No direct appeal was taken in cause number 1080203.
6. The applicant committed the offense for which he is serving his sentence
in the primary case on June 1, 2005.
7. The applicant is eligible for discretionary mandatory supervision.
8. The applicant's conviction for possession of a firearm by a felon was not
listed as one of the ineligible offenses on the date the applicant
committed the offense.
9. The applicant was given notice of the Discretionary Mandatory
Supervision review on January 28, 2014.
10. The applicant was denied release to Discretionary Mandatory Supervision
on April 14, 2014.
11. The board made the following documented reasons for the denial of
applicant's release to discretionary mandatory supervision: (1) the
inmate has repeatedly committed criminal episodes or has a pattern of
similar offenses that indicates a predisposition to commit criminal acts
when released; (2) the inmate's accrued good conduct time is not an
accurate reflection of the inmate's potential for rehabilitation; and (3) the
inmate's release would endanger the public.
12. The applicant's next parole review date is April, 2015.
13. The applicant does not allege he was denied due process.
14. The applicant does not allege that the parole board failed to follow the
proper procedures in denying his release on mandatory supervision.
CONCLUSIONS OF LAW
1. The applicant's eligibility for mandatory supervision is determined by
whether the offense of conviction was an eligible offense on the date it
was committed. Ex parte Mabry, 137 S.W.3d 58, 62 (Tex. Crim. App.
2004).
2. The applicant is eligible for discretionary mandatory supervision because
his conviction for possession of a firearm by a felon was not listed as one
of the ineligible offenses on June 1, 2005. Tex. Gov't Code Ann.
§508.149(a) (West 2001).
3. Subject to certain exceptions, a patrol panel shall order the release of an
inmate who is not on parole to mandatory supervision when the actual
calendar time the inmate has served, plus any accrued good conduct
time, equals the term to which the inmate was sentenced. Tex. Gov't
Code. Ann. §508.147(a).
4. An inmate may not be released to mandatory supervision if a parole panel
determines in writing that: (1) the inmate's accrued good conduct time is
not an accurate reflection of the inmate's potential for rehabilitation; and
(2) the inmate's release would endanger the public. Tex. Gov't Code Ann
§508.149(b).
5. The applicant was provided due process because he was given notice that
he would be considered for release on mandatory supervision prior to the
review taking place. Ex parte Geiken, 28 S.W.3d 553, 560 (Tex. Crim. App.
2000).
6. The parole board's decision to deny the applicant release on mandatory
supervision is not subject to administrative or judicial review. Tex. Gov't
Code Ann. §508.149(d).
7. The applicant fails to plead and prove facts which would entitle him to
habeas corpus relief because he does not allege he was denied due
process, or that the parole board failed to follow the proper procedures in
denying his release on mandatory supervision. Ex parte Rains, 555 S.W.2d
478, 481 (Tex. Crim. App. 1976).
8. In all things, the applicant fails to prove his conviction and sentence were
improperly obtained, or that he is being improperly confined.
Accordingly, it is recommended to the Texas Court of Criminal Appeals that the
instant application for writ of habeas corpus be dismissed and that all requested
habeas relief be denied.
ORDER
THE CLERK IS ORDERED to prepare a transcript of all papers in cause
number 1029072-A and transmit same to the Court of Criminal Appeals as
provided by Tex. Crim. Proc. Code Ann art. 11.07. The transcript shall include
certified copies of the following documents:
1. The application for writ of habeas corpus;
2. The State's Answer;
3. The Court's order
4. The indictment, judgment and sentence, and the docket sheets in cause
number 1029072;
5. State's Proposed Findings of Fact, Conclusions of Law and Order; and
6. The applicant's Proposed Findings of Fact (if any).
THE CLERK is further ORDERED to send a copy of this order to the applicant,
Shawn Evans, TDCJ ID#1387198 Allred Unit, 2101 FM 369 North, Iowa Park, Texas
76367; and to counsel for the State, Jill F. Burdette, 1201 Franklin, Suite 600,
Houston, Texas 77002.
By the following signature, the Court adopts the State's Proposed Findings
of Fact, Conclusions of Law and Order in Cause Number 1029072-A.
Signed on the f^ day of ^^^^ f2014.
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'.\ \Y,r\s P^nnty, Texas, certify that
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.Deputy
CERTIFICATE OF SERVICE
The undersigned counsel certifies that I have served a copy of the "State's
Proposed Findings of Fact, Conclusions of Law and Order in cause number
1029072-A to the applicant on December 9, 2014 by mail as follows:
Shawn Evans
TDCJ ID#1387198 Allred Unit
2101 FM 369 North
Iowa Park, Texas 76367
FILE® t'W/vcUfti
Jill Foltermann Burdette
DECY92JM Assistant District Attorney
Harris County District Attorney's Office
1201 Franklin, Suite 600
Houston, Texas 77002
(713) 755-6657
Texas BarID#24055492
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