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Cause Number 1284277-B
Willie Edward Choice § In The
Applicant
§
v COURT OF CRIMINAL APPEALS
§ of Texas
178th District Court
Harris County, Texas § Austin, Texas
IIUI'ION TO SUPPLEMENT ANSWER
Applicant's Response to Trial Court's Finding of Facts and Conclusion of Law.
Comes n:::M Applicant Willie Eowa;:d Choice Pro:....se befon~ the Court of Criminal
Appeals of Texas and files the Motion to Enhance Response to the following:
Issue(26) pg. 5) States writ, Procedural Qefault. Applicant response: Default
is the result of ineffective assistance of counsel.- The Sixth Amendment itself
requires that responsibility for the default be imputed to State which may not
conduct trial which a person who face incarcecation must defend themselves with-
out aoequate legal assistance. Murray v Carrier, 1_<06-s.ct: /.645z.•Guyler'''VU_-,:-;,,
Sullivan, 100 S.Ct. 1708, 1716. Ineffective assistance of counsel is the cause
for a procedural default. Issue(2) Sta.tes writ: Investigation. Trial Counsel,
Mr. Osborne, absolutely did not do a full investigation.. Mr. Osborne did not
obs~rve the Indictment's probable cause errors. The child, Davondria Evangelista,
and Affiant, JaJ::lre, Applicant was prosecuted on "both Complainant's" using the State's
error violated Applicant's right to Due Process of Law. Counsel Mr. Osborne
failed to observe this error which is "egregious" error by Trial Counsel. App-
licant's Acquittal of both girls in the first trial should have barred a second
trial relitigating the same hearsay allegations. See State's Exhibits D-E
and B--e Indictments. Applicant prays that the Honorable Court of Criminal
Appeals reverse the conviction in it's entirety.
l- Z. C. -L.ct>
Willie Edward Choice, Appellant Pro-Se
TDCJ-ID Number 01776962
Neal Unit
9055 Spur 591
Amarillo, TX 79107-9696
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THE STATE OF TEXAS 01121251 D.A. LOG NUMBER:l6920·~---~--_,
vs. ens TRACKING NO.:
WILLIE EDWARD CHOICE SPN: BY: SC DA NO: 0016771~ c
1006 CAROLYN CT. #D DOB: BM 10/16/57 AGENCY:HUMBLE PD ~ ~ 52
HUMBLE, TX 77338 DATE PREPARED: 11/5/2010 0/R NO: 10005703. ~ ~ c3 ·~ . ~
ARREST DATE: TO BE ~ ~ t; &n ::.
. c c;::, -· 8 :s
NCIC CODE: 1115 35 RELATED CASES: SAME DEF. -FELONY 1-( ~ E; ~ S
~-A 2: :z:
FELONY CHARGE: Aggravated Sexual Assault of a Child
CAUSE NO: BAIL: $30,000
HARRIS COUNTY DISTRICT COURT NO: 1284277 PRIOR CAUSE NO:
FIRST SETTING DATE: 176
IN THE NAME AND BY AUTHORITY OF mE STATE OF TEXAS:
Before me, the undersigned Assistant District Attorney of Harris County, Texas, this day appeared the undersigned affiant, v:ho u.."!.der oath says
that he has good reason to believe and does believe that in Harris County, Texas, WILLIE EDWARD CHOICE hereafter styled the Defendant,
heretofore on or about MARCH 17, 201Q, did then and there unlawfully intentionally and knowingly cause the penetration of the FEMALE
SEXUAL ORGAN of DATAVIA EVANGELISTA hereinafter called the Complainant, a person younger than fourteen years of age, by placing
HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant
PROBABLE CAUSE
AFFIANT, JACKIE BLANCHARD, IS A CREDffiLE AND RELIABLE PERSON WHO IS A CERTIFIED PEACE OFFICER EMPLOYED
BY THE HUMBLE POLICE DEPAR1MENT, AND HAS REASON TO BELIEVE AND DOES BELIEVE THAT WILLIE EDWARD
CHOICE, HEREAFI'ER TIIE DEFENDANT, COMMIITED THE FELONY OFFENSE OF AGGRAVATED SEXUAL ASSAULT OF A
CHILD AT 1006 CAROLYN CT #D, HUMBI..E, HARRIS COUNTY, TEXAS ON OR ABOUT MARCH-17;2010 AND ocTOBER 2Q,
2010. AFFIANT BASES THAT BELIEF ON TilE FOLLOWING:
AFFlANTOBSERVEDTiiEFORENSICINTERVIEWOFCOMPLAINANTDAVONDRIAM.EVANGELISTA(DATEOFBIRTHOl-21-
00) WHO IS A 10 YEAR OLD CHILD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOUT "SOME TIME LAST
YEAR WHEN SHE WAS IN THE 4TII GRADE" (MARCH 17, 2010) HER STEP FATHER (DEFENDANT) INSERTED HIS INDEX
FINGER INTO HER "VAGINA" (FEMALE SEXUAL ORGAN) WHILE THEY WERE AT 1006 CAROLYN CT #D, HUMBLE, HARRIS
COUNTY, TEXAS. AFFIANT OBSERVED TilE COMPLAINANT EXPLAIN TIIAT TilE DEFENDANTCALLED HER INTO IDS
ROOM AND INSERTED IDS FINGER INTO HER "VAGINA" TWICE AND IT CAUSED PAIN. AFFIANT OBSERVED THE
COMPLAINANT TO SAY THAT THE DEFENDANT ALSO SUCKED ON HER NIPPLES ON AT LEAST ONE OCCASION AND
TOUCHED THEM WITII HIS HANDS ON TWO DIFFERENT OCCASIONS. THE COMPLAINANT STATED THAT HER MOTHER
WAS AT WORK AND EVERYONE ELSE IN THE HOUSE WAS ASLEEP WHEN THIS OCCURRED. liDS COMPLAINANT STATED
.... SHE DID NOT TELL DUE TO HER BEING AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WITH AN EXTENSION
THAT
~RD.
~NT OBSERVED THE FORENSIC INTERVIEW OF COMPLAINANT DATAVIA M..EYANGELISTA (DATE OF BIRTII 12-22-00)
\'{HO IS A 9 YEAR OLD ClllLD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOUT OCTOBER 20, 2010 AT
~06 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS HER STEPFATHER (DEFENDANn INSERTED HIS INDEX FINGER
tfrrO HER "VAGINA" (FEMALE SEXUAL ORGAN) AND FURTIIER EXPLAINED THAT THE DEFENDANT HAD INSERTED IDS
~GER INTO HER "VAGINA" ON THREE DIFFERENT OCCASIONS. AFFIANT OBSERVED THE COMPLAINANT EXPLAIN
1'flAT THE DEFENDANT WOULD COME INTO HER ROOM, REMOVE HER COVERS, STAND HER UP, PULL DOWN HER PANTS,
~INSERT IDS INDEX FINGER INTO HER "VAGINA". THE COMPLAINANT STATED THAT TillS CAUSED HER PAIN. THE
@MPLAINANT STATED THAT SHE WAS AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WfTII AN EXTENSION
(50RD.
c
Q)
..{FFJANT WAS ADVISED BY THE COMPLAINANTS THAT TilEY KNOW lllM BY NAME AND BY SIGHT BECAUSE HE IS THEIR
~P-FATilER.
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EXHIBIT
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THE STATE OF TEXAS D.A. LOG NUMBER:1692092
vs. CJIS TRACKING NO.: 9166001560A002
WILLIE CHOICE SPN: 1121251 BY: SQ DA NO: 1677155 AGENCY:HUMBLE
I 006 CAROLYN CT # D DOB: 10/16/1957 PD
HUMBLE, TX 77338 DATE PREPARED: 3/9120 II 0/R NO: 10005703
ARREST DATE: TO
NCIC CODE: 111535 RELATED CASES: SAME DEF. -FELONY
FELONY CHARGE: Aggravated Sexual Assault of a Child
CAUSE NO: 1284277 . BAIL: $30000
HARRIS COUNTY DISTRICT COURT NO: J 76 PRIOR CAUSE NO:
FIRST SETTING DATE: 3/2212011
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas,
WILLIE EDWARD CHOICE, hereafter styled the Defendant, heretofore on or about October 20, 2010, did then and there unlawfully,
intentionally and knowingly cause the penetration of the FEMALE SEXUAL ORGAN of DATAVIA EVANGELISTA hereinafter called the
Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant.
Time: Harria coun\Y. teua
'-
0
0
r-
0
00
0,
0
00
'MPLAINANT STATED THAT SHE WAS AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WI I HAN EX! ENSION
OORD
....c .
a.>
hfiANT WAS ADVISED BY THE COMPLAINANTS THAT THEY KNOW HIM BY NAME AND BY SIGHT BECAUSE HE IS THEIR
~P-FATIIER.
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. . ---· 1 ;9 .· '
THE STATE OF TEXAS D.A. LOG NUMBER:1692092
vs. CJlS TRACKING NO.: 9166001560A002
WILLIE CHOICE SPN: 1121251 BY: SQ DA NO: 1677155 AGENCY: HUMBLE
1006 CAROLYN CT # D DOB: 10/16/1957 PD
HUMBLE, TX 77338 DATE PREPARED: 3/8/2011 0/R NO: 10005703
ARREST DATE: TO BE
NCIC CODE: 111535 RELATED CASES: SAME DEF.- FELONY
FELONY CHARGE: Aggravated Sexual Assault of a Child
CAUSE NO: 1284276 BAIL: $30000
HARRIS COUNTY DISTRICT COURT NO: 176 PRIOR CAUSE NO:
FIRST SETTING DATE: 3/8/2011
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas,
WILLIE EDWARD CHOICE, hereafter styled..the Defendant, heretofore on or about March 17, 2010, did then and there unlawfully,
intentionally and knowingly cause the penetratio~ of the FEMALE SEXUAL ORGAN of DAYOND RIA EVANGELISTA hereinafter called the
Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant.
176th
Foreman
E
;!GAINST THE PEACE AND DIGNITY OF THE STATE.
FOREMAN OF THE GRAND JURY
INDICTMENT