Mr. Alan Wade Johnson
Reg. No. 09541-079
U.S.P. Atlanta, Al-Unit
P.O. Box 150160
Atlanta, GA 30315-0160
April 24, 2015
CERTIFIED MAIL i 7012 3050 0002 0410 1282
Clerk of the Court
Texas Court of Criminal Appeals
P. 0. Box 12308
Austin, TX 78711-2308
Re: Ex Parte Alan Wade Johnson
Case Numbers: C-213-010418-0100-776-D
C-213-010419-0105-292-D
C-213-010420-0105-293-C
Dear Clerk of Court:
Enclosed is the original and one copy of REQUEST TO TAKE JUDICIAL
NOTICE in each case listed above. These cases are before the Court
now from Tarrant County, Texas. Please file and bring to the Court's
attention at your earliest convenience.
I am unable to provide 11-copies of these pleadings. Please
do not punish me for being unable to do so.
Please let me thank you for your time and effort in this matter.
Sincerely,
iliew,~~
ALAN WADE JOHNSON
Enclosures
cc: File
RECEIVED IN
COURT OF CRIMINAL APPEALS
APR 28 2015
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Abel Acosta, Clerk
IN THE
TEXAS COURT OF CRIMINAL APPEALS
§
§
Ex parte §
§
ALAN WADE JOHNSON § WRIT No.
§ -----------------------
§
§ Case No. C-213-010418-0100-776-D
§ 213th District-Court
§ Tarrant. County, TX
§
§
REQUEST TO TAKE JUDICIAL NOTICE
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, ALAN WADE.JOHNSON, Applicant, Pro-se in the above
styled and numbered case, that is now before this Court·, moves
pursuant to Rule 20l(a)(d)(e)(f), Texas Rules of Evidence, and
Texas Rules of Civil Procedure his REQUEST TO TAKE JUDICIAL NOTICE
of the following adjudicative facts:
I.
This is Applicant's 2nd REQUEST TO TAKE JUDICIAL NOTICE. His
first request was in the 213th Judicial District Court on April
17, 2015. Same date case was sent to this Court. It was not ruled on.
NOTE: The State's only defense to Applicant's allegations
was he was on parole in Case Numbers 5476, 6879 and 6880; which
is in total disregard for the law in effect in 1975.
II.
JUDICIAL NOTI~E REQUEST
Page 1 of 4
.
.
A). That Texas Civil Statute Ann. Article 6184L (Vernon)
(repealed 1977) governed good time as a commutation of sentences
between 1970 and 1976.
1). This particular statute's prov1s1ons regulated earned good time
credits, that reduced the time remaining to be served on a sentence by percentage
of the number of days actually served with good behavior.
2). This particular statute applied to the Applicant in Case Numbers
5476, 6879 and 6880, because these offenses occurred in 1975.
B). Applicant Alan Wade Johnson, then TDC No. 255182, was
a State Approved Trusty IIIC, while serving these stated judgements
from Tarrant County, Texas, and with straight time (day for day),
along with earned good time credits, he fully served and discharged
his 50-year sentence/judgements in June 1996.
C). Applicant serving a LIFE sentence in Case Number 61331,
was paroled October 8, 2012. State of Texas added Case Numbers
5476, 6879 and 6880 to his Parole Certificate in Case Number 61331
(See Parole Certificate attached to 11.07 Habeas Application),
that imposed LIFE parole conditions in Case Numbers 5476, 6879
and 6880(Tarrant County, TX).
D). State of Texas breached the plea agreement by imposing
punitive disabilities after Applicant fully served and discharged
his sentences and judgements in Case Number 5476, 6879 and 6880.
E). Applicant's plea(s) in case Numbers 5476, 6879 and 6880
from Tarrant County, Texas, were altered/modified by the State
of Texas increasing sentence from 50-years to LIFE and imposing
punitive direct consequences (See Parole Certificate attached to
11.07 Habeas Application).
Page 2 of 4
·.
F). Applicant Motion To Name Him By Pseudonym was not ruled
on by the 213th Judicial District Court, when evidence presented
with Motion illustrated the serious risk of injury or death to
the Applicant, if denied.
The FACTS that are the subject of this REQUEST FOR JUDICIAL
NOTICE, namely (A) Texas Civil Statute Ann. Article 6184L (Vernon
1970)(Repealed 1977) governed good time as commutation of sentences;
(B) Applicant fully served and discharged his sentences and judgements
from Case Numbers 5476, 6879 andd6880 from Tarrant County, TX,
in June 1996, under the provisions of the statute enumerated under
"A'i" (C) Applicant was serving a LIFE sentence in Case Number.:;61331,
when he was paroled October 8, 2012, State of Texas added Case
Numbers 5476, 6879 and 6880 to his Parole Certificate in Case Number
61331; (D) State of Texas breached plea agreement by imposing punitive
disabilities after he had already fully served and discharged his
sentences; (E) State of Texas alerted/modified sentence and judgements
in Case Numbers 5476, 6879 and 6880 by increasing his fully served
50-year sentences to LIFE and imposing punitive direct consequences;
and, (F) Motion to name him by pseudonym was not ruled upon and
evidence illustrated serious risk of injury and/or death to Applicant,
if denied.
These FACTS are not _ subject to dispute in that it is Texas
Law generally known within the jurisdiction of this Court, and
can accurately and readily be determined by the records of the
Court, Texas Department of Criminal Justice, Classification and
Page 3 of 4
.• !
. '
'• .
Records Division and Official Records and Publication pursuant
to Rule 902 Self-Authentication ... all of whose accuracy cannot
reasonably be questioned.
The Texas Court of Criminal Appeals may take Judicial Notice
for the first time. GRANADOS V. STATE, 843 S.W.2d 736, 738 (TEX.
APP. -CORPUS CHRISTI 1992, no pet.).
CONCLUSIONS
This Motion is based on this paper, on the NOTICE of Motion,
on the Certificate of Service of this Motion, on all papers and
records on file in this action, and on whatever evidence and argument
may be heard at a hearing, if deemed necessary. A hearing with
Applicant may be done via Video Conference or Appointment of Counsel.
DATE: April 24, 2015.
Respectfully submitted,
ru~~L
ALAN WADE JOHNSON, Applicant
~ro-se, Reg. No. 09541-079
U.S.P. Atlanta, Al-Unit
P.O. Box 150160
Atlanta, GA 30315-0160
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing pleading above was
forwarded to the District Attorney of Tarrant County, Texas, by
placing the same in a sealed and postage pre-paid envelope addressed
to 401 West Belknap, Fort Worth, TX 76196-0201, by depositing
same at the prison mail room.on this ~~f~
ALAN WADE JOHNSON, APPLICANT
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