111111 / 1611/1 111/1/ 1111>m1s<1611 511 611 /4£ 611-1111 of%/ /jm¢% 1111~@1111¢)11-1 515@17 E_'\/_.f/!./ ylhi._ ’H/// é_§€_h_ju) %111_1/ 511._.6_¢../ 111/1711 wTj_CL,M._/.MLZM_,§WUM 1111/1 1111 1111/111 6111:1%{’11/11/1§ 11[%/1111111¢__£111; J_ojMQ_MA¢Za/> L\»_0.7 §11<700 '/c[c//cvw€ dfw 141/144 611/00 7€05)0_10/10100411/ 01560\/0/4.![4/1_170144/ 071/051//1144£><01@¢104%01 1100/hypan ,[_/00/_( 1141/1 0044, ;00 00/(1101/N!f104 1414/112/11/1/1/1/ 0047/00 ., 1 _ __ ,ff14 1111( 411/001 00¢4/11401/447/)’010: £f:ijc¢a/IYIMWM p/accss _1 0 1'1('$ ._ .ioLl/b/.c.,[ 001 ML@X(@S Qo¢¢l¢/N;/:v 611/0/7?¢ 141?,/ »U"/ kw» 101/4101110' 1114 " 11 w " 114 011111/111/1@1011/1111,/ ,,,,,_authorize_,,thei act d No.' "LlQ.OQ~%'E> THE STATE OF TEXAS vs. ALANNA MCKINNEY DOB 06/28/1993 OFFENSE: FRAUDULENT USE OF Il.')ENTIFYING INFORMATION; FORGERY Presented in open court b the Grand Jury, a quoru being present and filed this l fbi day of e,m \/v in 2012. Barbara Duncan By: ’P§A:bt..¢\, wm C|erk of District Court Deputy d IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: THE GRAND IURORS, duly selected, empanelled, sworn, charged, and organized as such for the Countyl of Gregg, State of Texas, at the J y - December Term,~ 2012, of the 124th District Court for said County, upon their oaths present in and to said Court that on or about the llth day of August, 201_2, and anterior to the presentment of this Indictment, in the County and State aforesaid, ALANNA MCKINNEY-, hereinafte called Defendant, did then and there ' C UNTI with intent to harm or defraud another, and ithout the consent of 'I`. Salter,'use less than live items of identifying information of T. Salter, t -wit: the name and date of birth, and the driver’s ' license number, by presenting the identifying i formation to cash a check, ' ' - CO T II t And the grand jurors aforesaid, upon their oaws aforesaid, do further present in a_n__d to said Court that on or about the “`1*5*"' iday' of August, 20 2, in said county and state, and anterior to the presentment of this indictment, the said Defe dant did then and there, with intent to defraud or harm another, pass to S. Patel a forged writi g, knowing such writing to be forged, and such writing had been so com ` ` AGAINST THE PEACE AND DIGNITY OF HE STATE. y j Foreperson of the Grand Jury Pagc l ofl L;CMH<.A _{ o and CASE NO. 42023-B CouN'rI v INCIDENT No /TRN- 9199741482 A001 THE STATE oF TEXAS § IN THE 124TH Dls'rnrc'r § . v. § CoURT 4 t § ALANNA RENEE MCKINNEY § GREGG CoUN'rY, TEXAS § _ ST_A_TE ID No.: TX50220577 § ORDER oF DEFERRED ADJUDICATION Judge Presiding: HoN. ALFONSO CHAR_LES ' Dace Order Entered: 5/30/2013 . Attorne for ` Attorney for State. CHRIS PARKER Defendaynt: ALEX TYRA Ql`fggse; ' 1 FRAUD USE/POSS IDENTIFYING INFO #_ITEMSij AoENcY/AGENT s-'.-:<-..-z\ _.. ._._._`vq~'w». 01 CLERK: L.R. FlLED omaoouNW.TEXAS MAR172 ,JuDGE MAR 17 2014 DATE SIGNED COURT ORDERED FINGERPRINTING OF DEFENDANT’S RIGHT 'I`HUMB ,,_,n. .A. l' .k ve \ _ 1 , n 3 a HAR»F.§B.§., rCCP) WM%[/ nwa/oaa V/…//nf/f M¢W§/;N; %»M,m% %{M/ //,_ g hGZ”H// Li/A `MAGIS'TRATE’S WARNING AND RIGHTS 26 v °` STATE OF TEXAS § COUNTY OF GREGG§ BEFORE ME, the undersigned magistrate of the State of Texas, on this day personally appeared ii ?. ii § i»i :<` y,,g¢ f . } in Custody of 3 i ps_, _ ' 1 1 amy , _,:. , 'a peace officer, and said person was given the following warnings and rights by me: ij j]' j; . ,» f y:¢ ibid (1) You are charged with the offense of .,' i"i` s ’ 5"\!4 .* -'; .` An affidavit. charging you with this offense (has / has not) been filed in this Court. _ (2) You have a right to hire a lawyer and have him/her present prior to and during any interview and questioning by peace officers or attorneys representing the State. If you are too poor to afford a lawyer, t you have the right to request the appointment of a lawyer to be present prior to and during any such interview and questioning. You 'may have reasonable time and opportunity to consult your lawyer if you desire. | - .If you think you are too poor to hire a lawyer and you are in jail, gi then Pre-Trial Services will come see you in jail and help you fill § out an application for a court appointed lawyer, - If you think you are too poor to hire a lawyer and you later make bond, then you must go see pre-Trial Services located at 103 WL Whaley 4 Street, Longview, Texas 75601, (903) 236-8422, to fill out an ’ s application for a court appointed lawyer,‘ ~TV£' (3) You have the right to remain silent. :MWL (4) You are not required to make a statement at all, and any statement you make may be used in evidence against you at your trial; "Ti (5) You have a right to stop any interview or questioning at any time. F[]a) 6» 007.32£, 010/1 § ' 4 ' " z . _' 1 ,1v ~.,‘ . .~._ _i$;_ TM@~ (6) You have the right to have an examining trial, '*Your bail is set at $ *Bail not determined. *Bail is denied. ull_.,;____;_§l»_Do_you request the appointment of counsel? `:THE' : ovE wARNINGs AND RIGHTS , ~~ ._ `, ` UNDERSTAND mr RIGHTS. _.. ~._` Pr_.i\cEv OF .' " l ~’. TIME= ,;'_r / sIGNATURE oF MAGISTRATE DATE: ; .. ;/ \ ._ . g . z div REMARKS:\_ ,/ _ |_ Magistrate' s Title WITNESS NAME: / ) /, ADDRESS: /v/n~l*>/“}Ol?c - M/ //. . it./l ` /l/O} l ‘ , , -. - ', . ' l M' é‘j 7/d '¢'JZ'LUJZ/L{ 1°/30/2006 “f’;{z/ma'm pc?ja//ajmh, @mna§m@ w 0 7 %¢M`t'. . _ . '>, ». l . ~ / {/)l/) '1///¢`,0¢~";»///&_ / /,’(21/1/@.*1/` /.,-/;tle/ 191/tm OliF//h@ 46 /)/;'/// /./,,.,._)1//.7///¢,/~/, `,LM/€ CAsE No. 42,139-A CouNT 1 AND 11- INCIDENT No./TRN; 919972586X A001 AMD A002 THE_STATE oF TEXAS l IN THE 188TH DISTRICT ' v., CoURT MICHAEL PERRY GREGG couNTY, TEXAS €M*mm¢m_mm¢m STATE ID N0.: TX02552108 JUDGMENT OF CONVICTION BY JURY Judgepresiding¢ HON.DAVID BRABHAM ED§§r‘;§f’gme”t 2/28/2013 A¢wrneyforsa¢e: TANYA REED _ §;‘f;;'§:nff” TIM coNE OH`ense for which Defendant Convicted; 2 CT. I-ASSAULT FAMILY VIOLENCE WITH PRIOR CONVICTION CT. II-AGGRAVATED ASSAULT WITH A DEADLY WEAPON Charging Instrument: 1 . Statute for Offense: 22.01 ( b)(2)(A) Penal Code INDICTMENT 22.02 ( a)(2) Penal Code Date of Offense: 10/15/2012 Deg;ee of Offense: ` v - Plea to Offense: . 3RD DEGREE CT I ° n \ 2N1> DEGREE cT 11 NOT GUILTY ' ‘ ’ " Verdict of Jug: _ Findings on Deadly Weapon: _ GUILTY YES, NOT A FIREARM Plea to 1°‘ Enhancement ' Plea to 2ml `Enhancement/Habitual ' Paragraph: . NOT TRUE Paragraph: NOT TRUE Findings on 15‘ Enhancement Findings on 2lch Paragraph: TRUE Enhancement/Habitual Paragraph: TRUE Pum`shed Assessed b : Date Sentence Imposed: Date Sentence to Commence: JURY 2/28/2013 2/28/2013 P““ishme“ta“d Pla°" 60 YEARSINSTITIJTIQNAL.DIVISION, TDCJ of Coniinement: Tms sENTENcE snALL RuN CONCURRENTLY. i:| SENTENCE OF CONFINEMENT SUSPENDED, DEFE§PAN_@ Rez,\crp QN_QQnug_sxrrsuyrwsmN,F_oR_N/AA ., d ' Fiiie:¢m Court Costs: _ Restitution: Restitution Payable to: _ _ $ 10 000.00 ' l ` ’ . VI TI b .AG N T 1 ATTY:$5100.00 $ 324 00 $ N/A l:l C M (see elow) m E CY/AGEN (see be ow) Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62. The age of the victim at the time of the offense was N/A . ' _ 11 D§fendant 1§ to serv…MU. enter incarceration periods in chronological order. From 10/16/2012 to 2/28/2013 From' w mm w Time Credited: From to From to From to lf Defendant is to serve sentence in county jail or is given credit toward fine and costs,ll enter days credited below. N/A DAYS ' NOTES: N/A All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference ` This cause was called for trial in Gregg County, Texas. The State appeared by her District Attorney. ' Counsel lWaiver of Counsel (select one) ' n " m Defendant appeared in person with Counsel. g Defendant knowingly, intelligently, and voluntarily waived the right‘to representation by counsel in writing in open court. 42139-8 Page l ol`3 * » _ fr /*, ' »g%hré[//'l& 314 (Qofetfur Ur/L./ @ml‘ize;)w=@cé¢t/é Wllm /,Lrofi@ l Ct,£'¢ . |a(,( '. Q€/az/ d"/U//D .A l,(/o`)/Za/o-IA u/a//w//.F 132"_`31)0°_‘2 ./` //1/§ /M¢ OH' -SH W iN THE MATTER or jai tlc-f § iN`THE JUsTiCE couRT ‘§'- _ PREciNcT 1' § MICHAEL DEAN- PERRY GREGG COUNTY, TEXAS MAGISTRATE’S EMERGENCY PROTECTlVE ORDER _ On the 16th day of` October, 2012 there came-the request of` NlKKI WILLIAMS Applicant who isn E] the victim, I___] the victim’s guardian; g a peace`"of`ficer; or m the State’s attomey. \ \ v \ _ _ Applicant is seeking [OPTIONAL: The cour`t,x on its own motion, has determined that the statutory requirements have been satisfied to invoke the`court’s authority under Artic|e 17.292_, Texas Code ' v of Criminal Procedure to issue| a Magistrate’s Emergency Protective Order against MICHAEL DEAN PERRY, Defendant, based on the findings set forth below. FlNDlNGS, The court finds that, on October 15, 2012 MICHAEL DEAN PERRY Defendant was arrested by N. Williams duly authorized Longview Police Department for the offense nf` ' jamin violence as defined in Section .71.004, Texas Family Code; I:l involving serious bodily injury; AND/OR 1 z IZ involving use or exhibition of a deadly weapon; AND/OR g an act in limherance ofstalki_ng, an offense under Section 42.072; Texas Penal Code. [OPTIONAL: ' The court further finds that , Def`endant, is licensed to carry a concealed handgun, such license being issued by the State of` Texas; and| _ The court further finds that application was properly made and [OPTIONAL: The court, on its own motion, findS'| there is good cause"io issue a Magistrate’s»Einergency Protective Order. [_OPTIONAL ADDlTIONAL FlNDING; The court finds that (Applicant has requested confidentiality of addresses)'or.(confidentiality of addresses is necessary) f`or the protection of the persons named hereinl. ‘ _ THEREFORE, it is the JUDGMENT ofthis court that NIKKI WILLIAMS, Applicant shall have Judgment against MICHAEL DEAN PERRY, Def`endant, according to the terms of the courts Order set out below. v ' . f ' PEACE OFF[CER,_AS DEFl-NED BY SECT|ON l.07, PENAL CODE, ACTIVELY ENGAGED lN ' » wARNlNG _ ' ~ ' ' i . “A vloLATloN oF Tms 0RDER BY'CoMMIsleN oF AN ACT PROHIBITED BY f THE 0RDER MAY BE PUleHABLE BY A FINE oF As MuCH As s4,000.00 on BY f CONFlNEME~T lN JM.L FOB ns _L_QNG AS_.ONE YEAR on sr Boru..,,AN Acr__mAr ._ SEPA“RKTE"MiST)‘EMEAN?)'§oil FELoNY 0FF_ENSE.` IF THE ACT rs PRosEcuTED'As A sEPARATE FsLoNY oFFENSE, lT ls PUleHA:BLE BY coNFlNEMENT lN PRIsoN FOR AT LEAST Two YEARS. THE Posssssl_oN oF A FlREARM BY A PERSON oTHER THAN A `RE"s`ULT"s' l`N F'AM`!LY vioLE`Nc_E_ 955 _sT_ALKlNG 0EF_ENSE MA.Y.BE RROSEcuT.ED As 'A~ ' EMPLOYMENT AS A SWORN,§ULL-TIME' PAID EMPLOYEE OF A STATE AGENCY OR POL!T{CAL §UBDIV!S_lON A SEPARATl‘I OFFENSE PUN[SHABLE BY CONFlNEMENT OR IMPRISONMENT. “NO PERSON,_INCLUDING A PERSON'WHO [S PROTECTED BY THlS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVlSlON OF THIS ORDER. DURlNG THE TIME [N WHICH TH[S ORDER lS VAL[D, EVERY PROVlSlON OF THlS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER” lt is a Misdemeanor offense to violate a protective order by communicating with the person . protected by this order, or by going near the residence or place ofemployment ofthe pcrso,]ntp(rotected. lt is ,- véng\) )m\/(/ 4¢;&()%77() 164 ()vlu¢»l/'t realm o {F¢w.il»/_ l¢'F< b_\/lu`¢u lime \/€ MMW/\-c/S/O -' - l [S M(,/;§{/, /m/f 1 w)`/ /‘///;r/ g)~;‘;` /6! 6¢46=7/% " ' 0 /} )le/»., §/1;'//1' "ux//U/4/1/ ilch 75 q <~:`§g I‘é' . SO NUMBER ATE BOOKED ARREST|NG AGENCY i PAGE ' 111 - _ 333 MG couNTY 1 5 GREGG COUNTY JA!L ' , AND TlME RELEASED ELEAslNG oFFlcER - ' OF ' ` . ' _ ' ’ 9/19/2012 4 51 PM > SLO ADAM D 2 /__ s...‘.~. ..,".`,.\ .,".`__‘»~ 1 ,.1 1411.¢-#,»¢:§;;.;~ 1. 1-.` .. NAME P|D ' SID JA1L1D l BO°K[NG NUMBER 'PERRY, N"CHAEL DEAN 112864 02552108 ' 12-00042971 ALlAs NAME(s) _ FB1 FRoNT ames ' OTHER DOB' BELL CLARA DEAN, PERRY, MICHAEL' JACK ' f PANAMA' PERRY, MlCHAEL, PERRY MlCHAEL D' PERRY, MICHAEL D., cz) _ PERRY, MlCHAEL DENE PERRY, M|CHAEL EARL, PERRY', M1CHAEL D`EAN F RAcE sEx ETHNrclTY DATE 01= 131an AGE DL/ 10 No. 5 W ` M NON HlSPANlC 10/22/1959 52 TX-11192284 § mem wasHT HA\R EYEs aulu) coMPLEx¢oN socw_ secumw No_ § 5 FT. 7 lN. 160 BRO BLU MED _ FAIR - g scAas, MARKs. TATroos. AMPerAnoNs ` SC.R.CHK; TAT.UR.ARM ' AonREss PHoNE ' PLAcE oF exam 4//-/"'“' """""""" ”`“"\\ ' . RANTOOL, lL UN|T D 1 """ . _ \ sTATES A m ':'\-_\ 1 lssuma Aumomlcounr. 1 - 13 BF/chMlNAL TRESPASS j : county court ar Law(\ //§enV 9 d § .. . . ,~ / :#1 = / 15 /'Ml{$ o 7 < ann oF usf > 4~ msaunssuem coMMENrs ~~ _ ‘ ,~L.ITEM DE$CR!PT|ON'.¥I:£ -' " ` "?.-.~' ""'11\‘;»'\~~',`RELEA$ED:DATE`.` . `. 1 ; PEN ' ,- Released 5 09/19/2012 ; 4.51PM 1 PERRY MchAEL Z Z 1 i ' .DEAN 2 § LlGHTERS Released §09/19/2012 §4;51PM ' §PERR¥, MchAEL : g : g ‘ 5 DEAN y1 § KEY 5 Released ;' 09/19/2012 § 4;51PM - PERRY, MchAEL E 5 E E :' DEAN 1 § come §Released § 09/19/2012 § 4;51PM : PERRY MchAEL 1 ~ ' . ' ‘ :' 1 1 : DEAN ‘>_; 1 5 lec § Reaeased 5 09/19/2012 E 4:51PM i PERRY, MrcHAEL 5 = - 5 5 - 5 SDEAN v § /17§ MASTERCARo szsaM ~/ - ) 5 Released _= 09/19/2012 g 4:51PM 5 PERRY, MchAEL \ 1 ' a l l 1 ° . .»!Lé‘“”" 6”/ 5 1 5 E DEAN : BD\@K.<: vSE g Released 5 09/19/2012 5 4.51 PM 5 PERRY, MchAEL ; - z _ : ; : DEAN 1 E HAT 5 Released 5 09/19/2012 5 451 P_M § PERRY, MchAEL 5 5 ` § 1 5 DEAN ’ ' ‘ ““1_E"BELT *" ~§-~11@1¢:;1.4@<1~~~-~0 09/19/2012~“§‘4: 51 PM~-~~§-PERRY~, MleHAEl;---- -- 1 .' : : j DEAN 6 § PAPERS 5 Released 5 09/19/2012 § 4-51PM § PERRY_,M|<)HAEL_ - 5 y § s - = 5 _ 1 DEAN 1. § PA1RWH1TETENN13 sHoEs 1Released § 09/19/2012 4:51 PM : PERRY, MchAEL - ~ : : : : DEAN .¢.» ¢_`. l -- l \ ' . : E_l_, n j ¢._.w… 7 .. § § v lcertify that this is acorrect acc f ltems returned 3 as of the time l as release g . FVsona"s Srgna'ture / / ~ ` 1 W' /// ' ~' " § `,/ ‘ l ,‘ . _/~ 1 //" " l l 1 ` "‘ 1/15/11//4//*9/£1/; /W ‘ 7/ /{ 11 1941/5 1514 ‘ /%1/ ///1/ 5 6000795 ' /_//{:1/4[!§//’1/(%54~1)]%7 3//§//]/ b b n 7 95 /€M黢w‘/ jan ada l 511/l /é:ot//z‘/%Af/ ( 124TH I)ISTRIC 111 CoURT1‘=1nd 1811"’ Dls 11ch CoURT STANDING PR._E-TRIAL 0R1111R F11LoNY cR1MINAL CA_s11s Pre-Trial Disclosure_: ' A s soon as practicable after 1he appointment or retention of counsel the State shall provide detense counsel with:1 ' s if the arrest was without a warr , 1 ents of any other co- defeM ~'l. Any,agree t bet men\weemtl1e State and a co- -defendant ac ' l-ic or 1nformant, whe/ther»written or oral. The criminal/r/ecord 0 and any/prosecution civill witnesses-an any agreement between the \\ ~ State and such witnesses.' arty orw witness to this alleged offense which 1s in the possessio 0 or pwithin the knowledge of the A’ lC?“ `)`____`i tl\’€ (___5l ld__,_fi\$ Q!`ior to the tri'~l s`cttin ,the State shall producez the following doc unents andy intorma lion or make available for spection to counsel: ], \ll \tatem)ents 01\ en l ` arrest or seaich \\arrants, or which resulted in charges being brought against the Dei`e'rid: mt including those used before the Grand Jury to obtain an indictment - 2. All written \\amtngs ;admonitions, rights or waivers given by the State /' to the Detendantl alert the Defendant gave any oral statements, admissions contessions or testimony. 3.' All statements made by“anv suspect, expert, party, or witness to this . alleged offense that may tend to exculpate the Defendant, or mitigate l punishment . 11 . '\:. ',‘.. ltv 1rd parties which resulted in the issuance of " l / _ \ 4.- All phys' ical evidence seized f10m the Defendant by the State, or seized from or ;)rovided by witnesses, accomplices, or parties to the State, 5. T he prior crimin§l record of all witnesses whom the State intends to call as witnesses during the trial of this cause against the Defendant, including all arrests and conviction. 6. All documents objects and tangible things which are in the custody and control ol the State or any of the State’ s agents as a result of the investi a on,whlch\resulted in charges being brought and which are ma riall§ idence 1_n this case as to the Defendant’ s guilty or innocence . as told un hment, ifany All ph sical evidence seized by the State 1n connection with this case. All hoto ra hs v ¢ tapes, and audiotapes that depict or purport toz` depict,the Defen nt in any interview with representatives of any law enforc/eme ncies olr the District Attorney’ s Of`fice, or any other agent of the ate of" Texas or the United States. f ll cho/z -raphs, videotapes and audiotapes of` the alleged crime, or " '- .~nt's surroundlng/ the alleged crime(s) that depict or purport to ) depict the Defendant = All medical records MT records, nurse’ s notes, doctor’ s orders, or any other documents hich reflect medical care given to the alleged victim(s) as a re lt of the alleged offense in the State’ s possession o expects to use at trial. 13. The results and reports of all scientific tests, experiments, comparisons, ‘ or procedures the State expects to use at trial, ` 14. The results of` any physical or mental examinations of the Defendant and the prosecution witnesses The Defendant shall be required to submit to a fingerprint procedure that is suitable for comparison by an expert to be completed the day prior to the trial of the case or on the day of the trial Whichever 1s requested by the State, The State and Defense shall be required to provide the name and address of each expert witness that either side intends to use at trial at least 20 days before the day of trial- pursuant to Article 39.14CCP and Rules 702_,- _..;'/'03 and 705 of the Texas Rules of Evidence. Pre-Trial Motions and .Settings: l. No Pre- Trial Motions covering the above listed orders need be filed by the Defense or the State. :@ “; Defend _i"-`t’ s arraignment unless special permission from th Court has been given`. Without special permission and afterl such t' e has elapsed without the filin e Motion, the Motion will a1ved or idenied 3`. All hearings on the Pre- Tr1a o covered by these orders must be heard prior to the day of trial at the convenience of the Court or be carried with trial at the discretion of the Court. Trial Disclosures: ,...,» , In the/inte're/sf/of av an/extended reces o review witness statements and Writings used to refresh recolle - the State shall/pMuCe by 3: 30 p. m. on the day before_a witr@' is scheduled to testify; . Any wrltmed~te-I=efresh_thw§mle ' e witness \_ 3. All law enforcement o;t`fense§ investigation, and accident reports. Nothing herein shall preclude the State 01 the Defendant from seeking modified or additional discovery or to change the time limited for productions /’/6 /{/O//M/; (ww 1 z - if 1/ &) / In lelne Orders: {LA\/ ’$}’a,¢/[/ All/ul LOLéW/c mild/wm /' Q)/ (ZJ//‘Mr/j /a/ 1015/ed The prosecutor and defense a orney shall 1be boundw by the following Lirhine Orders' and each shall instruct all their witnesses to refrain from mentioning the following or asking questions on the following 1n the presence of the jury until the Court has determined its ' admissibility outside the presence of the jury, the basis of which that the probative value of any mention of the following 1s substantially outweighed by the danger of unfair prejudice to the Defendant, pursuant to Rule 403 Texas Rules of- Criminal Evidence: l. A personal opinion as to the guilt of the Defendant or the appropriate punishment upon conviction. 2. ' That the State has no right to appeal an acquittal 1n a criminal case, 3. That any person has been offered or taken a polygraph examination. 4. That the prosecutor represents the complainant, the members of the jury ' panel and/or the public. v 5. 4 That the defendant has conferred with defense counsel concerning the case, 6. That it is the duty of the prosecutor to seek a conviction of the Defendant (Article 2.(_)1,` T_elxas Code of Criminal Procedure)`; or that the prosecutor has been trained and skilled 1n the area seeking convictions; or that the prosecutor’ s continued employment and/or compensation as an assistant district attorney with the Gregg County District Attorney’ s Office rests upon obtaining a conviction in this case, §§ ll. 12. Refer to the prosecuting authority or the prosecutor as the “Government” or “Government’s attorney.” Pursuant to Article 3.02 of the Code of Criminal Procedure, a criminal action is prosecuted in the name of :the State of Texas against the _accused, and is conducted by some person acting under the authority grantedby law. Accordingly, the` prosecuting authority should be referred to as the “State of Texas” and the attorney for the State of Texas, as the District Attorney or an “Assistant District Attorney.” , The Defendant took, or offered to take, a polygraph examination concerning his alleged involvement in the offense charged in the indictment herein. The punishment assessed by jury or court in any co- defendant’ s case, The terms of any plea bargaining 1n this case or any co- -defendant’ s case, The Defendant was offered immunity for his testimony. Any of Defendant’s co-defendants: a. were found not guilty by a jury; b. had charges against them 1n this matter dismissed; c. ' were offered immunit for estimony, d. e Willing to take the polygraph; or e. were given a probated sentence. The general aracter or reputation of the victi e Defendant Any witnesses a 1ct1ons, or juvemle records. Any act of misconduct on the part of the Defendant or any witness, including the alleged victim in this case, not amounting to a final conviction for a felony or misdemeanor involving moral turpitude ' Any evidence concerning the reputation for truth and veracity of a witness, Any evidence concerning the reputation of any witness being peaceable and law abiding. Evidence of previous sexual conduct of the complainant (Rule 412, Texas Rules of Criminal Evidence). There is a pending indictment against one of the State’ s witnesses. (Article 38. 29, C. C. P..) The Defendant has been in jail since the day of the offense; or, conditions of incarceration in county jail prior to trial; or any past, present or future conditions of incarceration-in the Institutional Division of the Texas Depa_rtment of Criminal Justice in the event 'of conviction and sentence to same, including but not limited to: a. potential sexual abuse of defendant;` or, b. potential inmate viol nce toward defendant There was prior mistrial 1n this case The effect, if any, of any changes 1 the Penal Code, Code of Criminal Procedure, or any other law, on thi particular offense. Any self-serving statements made by the Defendant or co-defendants’ in writing or orally to any person concerning the allegations in this case. »~1ng held in contempt of court. 25. That there was a civil matter or is a civil matter and any conclusions resulting f10m that civil matter or any inferences thereof, arising out of ' this case, 26. The consequences, if any of a conviction in this case on the Defendant or any member of the Defendant’ s family regarding citizenship, deportation, the exclusion from admission to this county, or the denial , of naturalization under federal law. Adopted as a Local Rule by the 124”' District Court Judge, Alfonso Charles and 188”' District Court Judge, David Brabham, on this 25th day of F ebruary, 201]. Judge Alfonso Charles 124 Dzstrict Judge Judge David Brabham § 188'h District Judge "`, '/£M¢ \é/@:/Y l/MM/MM §X/M~.g,,/ LEW DUNN ATTORNEY AT LAW P.O. BOX 2226 LONGVIEW, TEXAS `75606-2226 TELEPHONE 903-757-6711 FAX 903-757-6712 March 28, 2013 Mr. Michael Dean Perry ATTORNEY-CLIENT PRIVILEGE #1838827 . ATTORNEY WORK PRODUCT Byrd Unit, 21 FM 247 PRIVATE & CONFIDENTIAL Huntsville, TX 77320 RE: _ Cause # 42,139-A State of Texas vs. Michael Dean Perry On Appeal from the 188th Judicial District Court Dear Mr. Perry: I have received your most recent letter yesterday, March 27,2013.1 enclose copies of documents I have filed to begin the appeal process, including a Motion for New Trial. The hearing on the Motion for New Trial has been set for Monday, April 29, 2013, at 2:OO`PM. I will notify the DA and the Court in a few weeks to get the bench warrant out for you'to attend the hearing. 4 l have not had time to get a copy of the Motion for New Trial that you say you have filed. Your hearing is a month away. You state in your letter that the name of a potential witness was never disclosed to you. Do you have a name, address, and telephone number of that person? What would he/she have testified to if they had been available for trial? For there to be a Brady violation, there must be (l) admissible evidence (2) withheld by the State (3) that was “material” to the case that is, there was a reasonable probability that, had the evidence been disclosed, the outcome of the trial would have been different, (4) that neither you nor your counsel could have gotten using diligence, and (5) that the evidence was “favorable to the accused. ” You raise many items about Mr. Cone, about what he did or did not do. lt looks to me like those are the kinds of points best left to a post-conviction habeas. The appellate courts, particularly on direct appeal, are reluctant to second-guess the trial counsel’s strategy in making decisions to do this or not do that, I have recently completed the trial part of a habeas for another inmate, and it took almost a year to gather up all of the ' information and put together a strong case for ineffectiveness and file the application. Even then, the trial court here denied relief, and now it’s all been forwarded to Austin for review by the CCA. I realistically do not believe that 4 weeks is sufficient time to gather information, talk to witnesses, evaluate documents, and then decide, after all that, /M@ 71/?{¢ 5a /L/oét 6@%/ Ua/M.o 6 ')§/M '~~ wm 'rr-T>