Johnson, Alan Wade

This document contains some pages that are of poor quality · at the time of imaging. Mr. Alan Wade Johnson Reg. No. 09541~079 U~S.P. Atlarita, Al-Unit P.O. Box 150160 Atlanta, GA 30315-0160 April 24, 2015 CERTIFIED MAIL t 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 co~venience. 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, Glew, ALAN WADE JOHNSON Enclosures cc: File RECEIVED IN COURT OF CRIMINAL APPEALS APR 28 2015 Page 1 of 1 IN THE TEXAS COURT OF CRIMINAL APPEALS § § Ex parte § § ALAN WADE JOHNSON § WRIT No. § ----------------------- § § Case No. C-213-010420-0105-293-C § 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 NOTICE 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 Article 6184L (Vernon) (repealed 1977) governed good time as a commutation of sentences between 1970 and 1976. 1).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). Applicarit.servin~d~dLIFE sentence iri~Cas~~Nfimbe£ 61331, wasi,paroledJ October_: 8 ;:;· 2 012 .- - State .mf ..-Texa§Oadded:;Case Numbers:::_ 5476,. 6879 and 6880 to his ParolerCertificate irisC~s~ Number 61~31. (See Parole Cer-tificate attached to 11.07 Habeas Application), that b~~os§~ 3 ~~FE p~fPl~Jcqn~it~o~~~~q~Case Numbers 5476, 6879 and 6880(Tarrant County, TX); ·_;_:_c;l - D). State of Texas breached the plea agreement by imposing punitive disabilities after Applicant fully served and discharged hi§2sentences 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·•.alte:ued/modified··:by the';State::::_ 6f ·mexa~ iricreas±ng:senterl6e:from ·50-yea:us·,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 l970)(Repealed 1977) governed good time as commutation of sentences; (B) Applicant fully served and discharged his sentences and judgements from Case Numbers 5476, 6879 and 6880 from Tarrant County, TX, in June 1996, under the provisions of the statute enumerated under ''A;" (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, OJ~·~ ALAN WADE JOHNSON, Applicant Pro-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 th day of A ril 015. Page 4 of 4