0%9/S 090-/S po-oo^-i5 ORIGINAL ;r courtofcriwalappSls MAR 20 2015 KdQJAj/J^/ uoajelI InA/m&SesU Abel Acosta, Clerk v/. .., FILED IN Abel Acosta, Clerk £ausc MurYibe*- F-'WWISH-L **J F~i/k/7&3-L naotlhnh rgJ-U'iOAj fo*- U 'i^cjulWokjAAaJ Kesiicu) IOaJ£X- luao hf\, 33H4 * StV IlAeai (•< r \jl &r m^h'cLS Ukll*£ LaaAjl-u, iCAtLS hilhsifL K. LA^illAS uaIIa-j> LauAjfa IexA^ him bcA-lu J* Uu/u/i/}/J m A/, /tiuttf^f 1U. L6 -fi !\alit* , Tew* ISdlO1-VJ97 Keg/'/u flId ThornAjf£/g'£s S^j-em^uf ^f £/KSe 5 '^ 7-2 rKfrucc 1 3 AtiL /)ulktA*z.eot A3 u>Alas the Lau) /lam^f QfliMi'Aiq Attest bu Hit, liSf Hie. La££- Pa (lsuamI ha flu UMMni-ful tAJi/itc AtjeJjMAdn or a JLesidejjLs . IV /iLjp^lLj pkol Qp'lty /aJ &dwuqp.faL fi -JY* UM'l SCul'^UCC JAi TL)(LJ lot. fD£SJ£±5 £>f/4 tii£AAM 5 ^ uci rg.c*ojff rg-c-scAi a/ 1, Th^ PdobflWt. ZLd05e- $hicyiitA±p3 H\eA(L lj/JJ iAJ3uff(C/ejdr P&LaLU dAuj*. Pd Supps/d the. 3>&t/Lch JfhczdroiuL ujiihoui- 3Liffic-iejaf p/kJofihle. csiuse- the. £ui'd*ice_ 3&jTjo^i ls de&wec/ Hid- f~Au>/ crrt foisotJtous Z. The. TqjaI CffuA zAdoneci hy o/^aj^/aj^ npfJL^ mo\i6M \d SDUppji£3Sr Lonsli/uhoMfil \l/omvi>KL3 I. fifth flm^yn^h- CLd QdOCJLS<> £>t LtfcJ, " f\ l( (juesh' The m^loiL. £>f 0£oof ©P Hie, iML/^b'^ Opera u-^i'ch VK-e c>ftVne/u/ S>l //iC'/3 H ^// tftll luAS aAaUxl, /l/fea/uq /A-?-/ /? 7)dAi/u 3dJ /n/t/t. Ld//h hdfiiddJ /l/9/'/L uJ/'lh ft 3/lDfaUAJ O/L pUsAp CjUAJ L£ Skcr ittLStde. 3P H\(L fl^-tdeMfLtL^hltiqhl&L uas d/'jseove/jzG/. Do b ike QicJr \hftlr hcJKtq ft DUck mf\e liMVtf Set UJiHn hufiicL LJAS Aiot AaJ ill&QAl Adf OL UJflS \\ 3LMLh AhcPjAti/su/L /krtt /P/LC/)k/d£o/ Ike 3rfUa ^f/w^kst-j the. omIu Li/L6tJMcL) Po/l rjuDbAcL excise /ljas /I Dnot Lluaj ike. Vihl LompoMtAir* Thcac-iris /AJJu/nc/c^l/ pAW/thlc CrtuieL h dup/i/di Drfic<~A3 ui/hocd the. r/fuei ^fa\&mu.t ft Ileafuq Ar 3h&lr Lxu/J OJAS AWltjt Ike, u/aotelJ LJiaIQ QicuMct w/l /Aei OiieADeAidij /lesp^d^e. ual5 UibfeveAteo/ fz> Jozl tHaudI „ Ija Bul jS&i&cJi foe. h 3 heI LlUM crfluJLs leckc&l Lu^dtjL the'/n/ttt&£$3 Aklc/ he*. Jfl/Liidq ike 3&Ach uht'c/i IMdCOM&CCc/ A) Hahc/AuaJ Ahid &/Jmoled ^u&l/vAJCe. <^^_£ rsuu&l g/J. lite tJttehteh'jJ i/U Ike, Jjcd /Zvt/n /)// //tuirj af Hit. uM//hdu f 3eAA.dn Cscc) Lh^a 5u/u u LLihJ ifo/cjs >Jni US. Hll, 9Ltc/zd Wt, 13 <. c+ W7 Tine Cmo/i'ajc»j5 chel h±ot 3uppo/~f rhe 91/ caII 1 Ui/h olJ the 3ripu//irtd Z-uic/eAitcL AI[expo/ /aJ Hit 9/1 dali a/I o/haL Zv/s&ju&e. i* f&ud P Rm illeanl ^eAAcJn. Oulu A jhotbuAJ /Lvuid JAf/sfq tint. LvsiiiiiutloMal (leQu/gJto&dfe of probable. CAU3& h£fc£/\j &/L Hl>e_ leAftz/n dA/d Ms/ Q£ duAiriCct On iohfi)r if LuaUuJtiJlu iLAicdxH/ n&QjzlMq he~ (kAM-hta $aa PktL. pHjuPlnPu/MC^3 £>r ^tdt/mdl snide Pm A 9(1 CaI/'., ke^ptctPulliff duh/nilhd, l\ppeJhl^r. 3 t mz ft Ait-P.* TholA!Q h*s heXAJ 5eJjjed caj the, masecak/^ at UaIIas latut/z/ A/ud Icxas feud- of (Al/sYi/ya/?/ /9ppry?/3 IaJ /IujHaJ 7eXAJ this 13- Jau * f /TfascU LOIS A ft •sCT'JL1U> t<.— '3£ 9. Case No. 1^0-^^9-/S (The Clerk of the convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 NAME: ke^M a 11 dlj2MA ffcx4 DATE OF BIRTH: Q I~ 6 V' %~? PLACE OF CONFINEMENT: ti?i^ A ^fi>M "Stzin1^ 'SyQ-t\ /J/it\- TDCJ-CID NUMBER: I%9 1S%2- SID NLiMBER: (1) This application concerns (check all that apply): • a conviction • parole • a sentence • mandatory supervision D time credit $/ out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from'.' (Include the court numberand county.) (3) What was the case number in the trial court? £11-tilted. (4) What was the name of the trial judge? C/4 4M. lLv»f*„ Effective: January 1, 2014 (5) Were you represented by counsel? If yes, provide the attorney's name: (6) What was the date that the judgment was entered? (7) For what offense were you convicted and what was the sentence? (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? (9) What was the plea you entered? (Check one.) • guilty-open plea D m»ilty-plea bargain • not guilty Wnolo contenderelno contest If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? no jury • jury for guilt and punishment • jury for guilt, judge for punishment (11) Did you testify at trial? Ifyes, at what phase of the trial did you testify9 (12) Did you appeal from the judgment of conviction? Cyes • no If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? (B) What was the case number? (C) Were you represented by counsel on appeal? Ifyes, provide the attorney's name: (D) What was the decision and the date of the decision? (13) Did you file a petition for discretionary review in the Court of Criminal Appeals? • yes [£/no If you did file a petition for discretionary review, answer the, following questions: (A) What was the case number? (B) What was the decision and the date of the decision? j&Dt (14) Have you previously filed an application for a writ ofhabeas corpus under Article 11.07 ofthe Texas Code of Criminal Procedure challenging this conviction? • yes L^no If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number? (B) What was the decision and the date of the decision? Nit (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. AlA (15) Do you currently have any petition or appeal pending in any other state or federal court? ° yes O^no If you answered yes, please provide the name of the court and the case number: (16) Ifyou are presenting aclaim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system ofthe Texas Department ofCriminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) n yes Lj/no If you answered yes, answer the following questions: (A) What date did you present the claim? 'it (B) Did you receive a decision and, if yes, what was the date of the decision? it)it If you answered no, please explain why you have not submitted your claim: A) A- (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 ofthe facts. Ifyour grounds and briefsummary ofthe facts have not been presented on the form application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 ofthe 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 ofthe 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 amemorandum of law ifyou want to present legal authorities, but the Courtwill notconsider grounds for reliefset out in a memorandum oflaw 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 ifcomputer-generated or 50 pages ifnot. Ifyou are challenging the validity ofyour conviction, please include asummary ofthe facts pertaining to your offense and trial in your memorandum. GROUND O // A*, t/ ,ftfh f£nX>*>j>Stf FACTS SJ2IPPORTING.GROUND ONE l fVrblXl^ ?^,<^ 4m-A rm JJtfrU <&z/*sfi!aAA- MaJ^ 7k lAQ/( /wJ/AA^duJsy^^- ^eL 4i)de dz4e.-,A^^< tfL^_ Ca l\ a&- A fo ,^g^767>.-s ~J GROUND TWO -7ft Sy^VS^ J^l/,^et FACTS SUPPORTING GROUND TWO: 7L>.-7?r*i S> CA& <^AA4r*> MA^> louts, fh A yh y 10 GROUND FOUR: FACTS SUPPORTING GROUND FOUR: GROUND: FACTS SUPPORTING GROUND: 15 WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING. VERIFICATION This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant's attorney. An inmate is a person who is in custody. The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a Notary Public" before a notary public unless he is represented by a licensed attorney, in which case the attorney may sign the verification as petitioner. A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the appropriate "Petitioner's Information." OATH BEFORE A NOTARY PUBLIC STATE OF TEXAS COUNTY OF , being duly sworn, under oath says: "I am the applicant / petitioner (circle one) in this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated in the application are true." Signature of Applicant / Petitioner (circle one) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20 . Signature of Notary Public PETITIONERS INFORMATION Petitioner's printed name:_ State bar number, if applicable: Address: Telephone: Fax: INMATE'S DECLARATION _, am the applicant / petitioner (circle one) and being presently incarcerated in , declare under penalty of perjury that, according to my belief, the facts stated in the above application are true and correct. Signed on _,20_ Signature of Applicant / Petitioner (circle one) 17 PETITIONER'S INFORMATION Petitioner's printed name: Address: Telephone: Fax: Signed on , 20 Signature of Petitioner Case No. /______/-^ (The Clerk of the convic/ting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 name: h&iiyu>. /J /f&rnfS<^y\ DATE OF BIRTH: ° l' *Ot> ' fi ~? PLACE OF CONFINEMENT: CtA^S**/ ^rta ±A ,\ IA%,"I A( f),±- TDCJ-CID NUMBER: /0 ? 'Z>to ** SID NUMBER: (1) This application concerns (check all that apply): • a conviction • parole • a sentence • mandatory supervision D time credit _J out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) COctto^ fiftll a>,.«y (3) What was the case number in the trial court? F- ll£/nZcj-s (4) What was the name of the trial judge? //?• Per TIaloyk jp^cm Effective: January 1, 2014 »' t v. (5) Were you represented by counsel? Ifyes, provide the attorney's name: (6) What was the date that the judgment was entered? (7) For what offense were you convicted and what was the sentence? (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentencein each count? (9) What was the plea you entered? (Check one.) • guilty-open plea D stfilty-plea bargain • not guilty wtnolo contendere/no contest Ifyou entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? • no jury • jury for guilt and punishment • jury for guilt, judge for punishment (11) Did you testify at trial? If yes, at what phase of the trial did you testify? (12) Did you appeal from the judgment of conviction? n/yes • no If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? (B) What was the case number? (C) Were you represented by counsel on appeal? If yes, provide the attorney's name: (D) What was the decision and the date of the decision? (13) Did you file apetition for discretionary review in the Court of Criminal Appeals . D yes _yno Ifyou did file a petition for discretionary review, answer the following questions: (A) What was the case number? /UAT (B) What was the decision and the date of the decision? An (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 ofthe Texas Code ofCriminal Procedure challenging this conviction"} ° yes [r/no If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number? /V t] (B) What was the decision and the date of the decision? (.5) Do y„„ current,, nave a„y petition or appea, pe„d|ng jn any o(her sta(e^^ If you answered yes, piease provide the name of,he court and tlle case „nmber: A/A (,6) ^tera i^ss^_iy^p^xr,,•hryou^^— of the Tea, DeMrtmI_T.fr*TV""" '° *he dme cred" rM»""'»» any r,„ai fe,o„y «^__^™ _^,<™"«™«•»«- ,„ D yes n^o If you answered yes, answer Hie following questions: (A) What date did vou present the claim? f\J A (B) Did yo„ receive adecision and. ifyes, what was .he date ofthe decision? mj±__ If you answered no, piease explain why y„„ have no, submitted y„„r claim: /A>/0- (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 ofthe facts. Ifyour grounds and briefsummary ofthe facts have not been presented on the form application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 ofthe 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 ofthe 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 amemorandum oflaw ifyou want to present legal authorities, but the Court will not consider grounds for reliefset out in a memorandum oflaw 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 ifcomputer-generated or 50 pages ifnot. Ifyou are challenging the validity ofyour conviction, please include asummary ofthe facts pertaining to your offense and trial in your memorandum. GROUND ONE 'tAtlC £ 9// A,, //. /^A A <,M^^^ FACTS SUPPORTING GROUND ONE: AArJ ^Lrjii f S/,cLZ%/a SPPa-Ua^/3 -JiAzrc -pre iajP\ LcviaT- Su-P-P. GROUND THREE: FACTS SUPPORTING GROUND THREE- ^^^-^^_^_z____2_z^_ ^£L^i^^i^^-^^____l -^-^-^^^^A^/i___^3 -^^^Lj___5 / 10 11 GROUND FOUR: FACTS SUPPORTING GROUND FOUR: 13 GROUND: FACTS SUPPORTING GROUND: WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING. VERIFICATION This application must be verified or it will be dismissed for non-compliance For verification purposes, an applicant is aperson filing the application on his or her own behalf. A petitioner is aperson filing the application on behalf of an applicant, for example, an applicant's attorney. An inmate is a person who is in custody. The inmate applicant must sign either the "Oath Before aNotary Public" before a notary public or the "Inmate's Declaration" without anotary public. If the inmate is represented by alicensed attorney, the attorney may sign the "Oath Before aNotary Public" as petitioner and then complete "Petitioner's Information." Anon-inmate applicant must sign the "Oath Before a Notary Public before anotary public unless he is represented by alicensed attorney in which case the attorney may sign the verification as petitioner. Anon-inmate non-attorney petitioner must sign the "Oath Before aNotary Public" before anotary public and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before aNotary Public" before anotary public or the "Inmate's Declaration" without anotary public and must also complete the appropriate "Petitioner's Information." OATH BEFORE A NOTARY PUBLIC STATE OF TEXAS COUNTY OF _, being duly sworn, under oath says: "I am the applicant / petitioner (circle one) in this action and know the contents ofthe above application for a writ ofhabeas corpus and, according to my belief, the facts stated in the application are true." Signature of Applicant / Petitioner (circle one) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,20 Signature of Notary Public 16 PETITIONER'S INFORMATION Petitioner's printed name: State bar number, if applicable: Address: Telephone: Fax: INMATE'S DECLARATION I, A-^?)ML 1/&} W&tltf^^ am the applicant /petitioner (circle one) and being presently incarcerated in ( jY\,^Bp L?Yx\f, Jf\*>I declare under penalty of perjurythat, according to my belief, the facts stated in the above application are true and correct. Signed on J___y____, 20JX Signature of Applicant / Petitioner (circle one) 17 PETITIONER'S INFORMATION Petitioner's printed name: f0hMO/il. "J/toM^CM Iif^^ Address: C^X^/