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AFF::ANT
yRandy-Henderson #1170754
George Beto Unit 1
1391 FM 3328
Ten` ssee Colony, TX 75880
October 15,`2014
Honorable Billy Fox Branson, Distriot Clerk
Courthouse, 710 James Bowie Dr.
`P.O. Box 248 _
-New Boston, Texas'75570-0248"
v RE: Cause No. O3-F-0146-202
Dear Honorable Branson: _
Enclosed, please find Motion for Judgment Nunc Pro Tunc Order. Please file
Stamp this document and bring to the attention of the Court.
Also,-please find two originals of this copy letter, Please file stamp and
vreturn one (1) to me in the enclosed S.A.S.E.
Thank you very much for your time and attention to this matter.
Sincerely,
j§3a§§av§gix§gimm§__ltuxi§:L_v
Randy Henderson, Pro se
TDCJ-CID NO. 1170754
_\ ' George Beto Unit'.
' 1391 FM 3328
Tennessee Colony, Texas 75880
_,.cAUSE No. 03-F-0146¢202
RANDY HENDERSON, FIN.THE.ZOZND-JUDICIAL
' Appellant, ` ' '
DISTRICT coURT`OF
v. `
BowIE.cOUNTY, TEXAS
IHE sTATE oF TEXA$, ’
n Appellee.
HEAR:NG;REQUE$TING.
'MoTIoN.FOR'JUDGMENT'NUNCHPRO:TUNc_oRDER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Randy Henderson, Appellant Pro se, Pursuant to Texas Rules
y of Appellate Procedure, specifically Rule 23. Z(a) and (b), files this Motion
. for Judgment Nunc Pro Tunc Order in the above entitled and numbered cause,
and in support would respectfully show:
\
1.
JURISDICTION
The Court has jurisdiction pursuant to Texas Rules of_Appellate_Proce-
dure, rule 19.3(a), which invests the trial court with authority to correct
clerical errors after expiration of a court's plenary power. "Nunc'Pro Tunc
` order is the proper mode to correct a clerical error} in_which no judicial
reasoning contributed to their entry, and for some reason were not entered
of record at the proper time. See Alvarez v. State, 605 S. W. 2d 615 (Tex. Crim.
App.1980); Jenkins v. Jenkins, 16 S. W. 3d 473. '
4 STATEMENT OF THE CASE
Appellant appearing before the Honorable Bill Peek, presiding in the
202nd Judicial District Court of Bowie County, Texas on May 1, 2003, having
entered a plea of not guilty; sentenced to twenty (20) years in Count SiX
to run consecutive with Count Five (5), a fifteen (15) year sentence. Count
One (1), Three (3) and Four (4) to run concurrent with Count Five (5) and
Six (6).
1 of 2
_111`.
CLERICAL ERROR
The Texas Department of Criminal Justice (TDQJ) records reflect that
Appellant' srtime calculation is erroneous, which manifest a clerical error.
According to the Inmate Tracking System Commitment Data Form dated January
'15, 2014, Appellant's Maximum Expiration date changed from 2023 to 2038_which
adds a new fifteen (15)'year_Sentence. This form States,.in_pertinent:_"Due
to legal opinion from OGC Counts 5 & 6 will only be-Stacked to CT 3 & 4._",',‘;'.v
The Judgment of Conviction reflects that 3 & 4 as well as 1 is concurrent
to 5 & 6. By stacking this to 5 & 6 adds a new sentence without a judicial
proceeding. The State Counsel for Offenders returned count seven 67); not guilty.
Appellant, therefore, seek an order from the Court ordering TDGJ to ad-
` just the inaccuracies and deficiencies in Appellant's records in regards to
his sentence.'
WHERETORE’PREMISES*CONSIDERED-, Appellant'for reason shown moves the Ho-
norable Court to issue the necessary Court Order ordering that the Texas De-
partment of Criminal Justice records reflect the truth of what actually occur-
red. "
Respectfully_submitted,
bk
W
Randy Henderson, Pro se
'2 of'2
ON CALENDAR TIME
\~\S-'QO“\
*§17::,* , ~ 1 g 1NMATE TRACKINGVSYSTEM* 2 b 53
“5 ' ". , - , chMITMENr BATA FGRM ‘ Qj\\-: PAGE ' 1
sID No.... -7703 Tnc No: 01170754 FIA Nor' 000000
.NAME......: 4 h`oN,RANDY _ -DSB; 08/27/1964 RACE: B sEx= M
RECE1VED;.= 06 ;97 003 uNrT..: B BETo _ ‘
sENT BEGN.= 04/29/2003 ' ’ -' ' 83
NET sENT..:_o ~00M 000 LEGstATuRE- 73RD our 0F cusT.:
MIM EXP DT; 01/01 0001 Ms cALc cn.. N -BoNus TIME..; 0
MAx EXP nT= /2§ 2038 PAR cALc cn= FLAT 0NLv 1gg_gA;g;EABi_ggugggggLul
osFENsE MAX. TERM vMD 0FF DATE, sENT DATE cc P couRT/couNTv
nEscRIPTIoN /sENT BEG- . cu L cAusE
/MIN ExP“ /MAx ExP /PARoLE '
¢~ /ouT 0F cusT.,
DwI . 0005Y 00M 000 06/16/2001 05/01/2003 cc s 202 30w1E 1
, 04/28/2003* lAIL sr v 01- -F~ 0373- 202 cNT;uo
1 . _ .00/27/2003 04/27/2003 01/01/0001 Msch~ PRLcL=N
5 ` . DEc:-MBL1332 ucc- GME0339 ' '
INDECENCY w/cHI 0003Y now 000 03/01/2000 05/01/2m03 cc N 202 BowIE
Ln¢EmesuRE 04/29/2003 JAIL GT=Y 03-F-0146-202 cNT=01
» 04/29/2011 04/29/2011 01/01/0001 Msch= PRLCL=N
DEC= GMEo339 QCC= JcI9401
INBECENcY-w/cHI .0015v 00M 000 06/01/2000 05/01/2003 cu N 202 BowIE
Ln-sEx coNTAcT 04/29/2003 JAIL GT=Y 03-F-0146-202 cNT=03
v 04/28/2038 04/28/2038 10/27/2020 Msch:v PRLcL:F
, -, DEc= GM50339 ncc= Jc19401 4
11wosc ENcY w/cHI 0015v don 000 10/01/2000 05/01/2003 cu N 202 Bole
LD sEx~ anrAcT 00/29/2003 JA1L GT. Y 03- F- 0146~ 202 cNT=oa
was ¢vwk Gm“““»€> 04/28/2038 .04/28/2033 10/27/2020 Msch. PRLcL=r
mug aQ\L DEC: GME0339 mcc= J019401
INDEcEch w/cHI 0015Y now 000 12/20/2000 05/01/2003 cu N 202 BowIE
Lo sEx- coNTAcT 04/29/2003 §h,’§¥ 1 F UX
MO'Z`I()N TO DISMISS
TO THE HONOPQ\BLE BUDGE OF _SAID COURT:
n NOW COMES the State of Texas by and through£'her Assistant Criminal »Disu'ict
At‘tomey, and res_oeet:§"=.zliy requests the Court to dismiss the entitled numbered cause against the
Defendant., RANDY §§ENDERSON, in Whic`n the Defendant is charged with the offense of `
INDECENCY WY.TH '-\. CHILD and for cause would show the Court the following-
Defendant Was re-indicted in cause number 03-F~0146~202 and was
sentenced to 8 years 15 years (3 tiriies) and 20 years in the Texas
Department of Criminal Justice- Institutional Di'vision In the interest
of justice this ease Should be dismissed
WHEREFORE;', it is prayed that the above entitled and numbered causes"be dismissed
Respectfully submitted
Nl OL_E'HABERSANG
ASSISTAN'I` DISTRICT A'['I`ORNE
ORDER
The foregoing Motionv having been presented to me on this day and the same having
been considered, it is theretore, ORDERED, ADJUDGED AND DECREED that the said above
entitled and numbered cause be and the same is hereby dismissed against the Defendant,`
RANDY HENDERSON.
siGNED rHls fl_ DAY or MAY 2003 _ '
. , /"\§
’Db .-/ /
JUDGE PRESIDING
zozndJudiciail)ismcrcom_ 5 ` '
Bowie Counry_,Texas ' '
Cause No. 03-F-0i46-202 (Co'uNT oNE) TRN 9027854769¢.¢ » \,
THE srArE oF TEXAS
V. . 4
RANDY HENDERSON,
DEFENDANT
s_lg: TX04157703
00¢<03€0')
\\~ C’T¢"-;/r] P:,'.Z}
-IN THE ZOZND JUDICIAL
" DlSTRICT COURTIQ ; '.-
BOWIE COUNTY, §z' l l
J'UDGMEN~T oF CONVICTION BY JURY'
SENTENCE BY JURY To INSTIT_UTIONAL DIVISION
T__I_)_CJ
QATE OF IUDGMENTZ
JUDGE PRESIDING:
ATI`ORNEY FOR THE STATE:
ATTORNEY FOR T`HE DEFENDANTZ
QB`B_`§F:_?
STATUTE FOR OFFENSEZ
DEGREE OF OFFENSE:
APPLICABLE PUNlSHMENT RANGE
('_gl cloud inge enhancements if _a_rg)_
DATE OF OFFENSE:
CHARGING lNSTRUMENT'
lll_,§`:_i§__'_l__Q OFFENSE.
PLEA TO ENHANCEMENT
_ `PARAGRAPH§S):
VERDICT FOR OFFENSEZ
FlNDING ON ENHANCEMENT;
AFFIRMAT!VE `FINDING ON
DEADLY WEAPONZ
OTHER`AFFIRMATIVE
SPEClAL FINDINGS:
DATE SENTENCE IMPOSEDZ
PUNISHMENT AND PLACE OF
CONFINEMENT:
TIME CREDITED_‘TO SENTENCE;
Q_UBI_CO_S_T_S_
TOTAL AMOUNT OF RESTITU'I`ION:
NAME AND ADDRESS FOR
' RESTITUTION:
May l_, 2003
Bill Peek
Nicole Habersang
David Lashford
Indecency with a Child-Exposure
Artic\e 22.11, Penal Code
Third Degree Felony ~ '
T bird Degree 2-10 in prison/max $10,000 fine
March l, 2000
lndictment
Not Guilty
Not Applicable
Guilty
Not Applicable
Not Applicable
Not Applicab|e
May l, 2003
8 years in the Institutional Division-TDCJ, and a
$None fine
06-27-01 to 06-28-01
05-01-03 to Present
5237.25
$None
DS4: .ludgment oi`Conviction by 'Court; Sentence By .lury, Cause No. 03»F-0146‘-202; Page l of 3 Pages
The Sex Offender Regi_stration Requirements under Chapter 62, CCP, apply to the
Defendant. The age of the victim at the time of the offense was.10 years old. '
This sentence shall run concurrent
' On the date stated above_. the above numbered and entitled cause was regularly reached
and called for trial, and the State appeared by the attemey stated above, and the Defendant and
the Defendant’s attorney, as stated above, were also present. Thereupon both sides announced
ready for trial, and the Defendant pleaded not guilty and a jury, to wit:~Derek Dwight, and
eleven otheis, was duly selected, impaneled and swom. Having heard the evidence submitted
and having been duly charged by the Court, the jury retired to consider their verdict. Afterward,
being brought into open court by the proper officer, the Defendant, the Defendant’s attomey, and
the State’s attorney being present, and being asked if the jury had agreed upon a verdict, the jury
answered it had and returned to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes of the Court as follows: l '
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by exposure as charged iii count one of the indictment
Thereupon, the Defendant having previously elected to have the punishment assessed by
the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment Thereafter, the jury
retired to consider such question and, alter having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the Defendant’s attorney, and the State’s
attorney being present, and being asked if the jury had.agreed upon a verdict, the jury answered
' it had and returned to the Court a verdict, which was read aloud, received by the Court, and is
now entered upon the M`inutes of the Court as follows:
We, the jury, having found the defendant Randy Hendcrson, guilty of indecency
with a child by exposure as charged iii count one of the indictment, assess his
punishment at confinement for 8 years in the Institutional Division of the Texas
Department of Criminal Justice.
A presentence investigation report was not required or done. '
And thereupon the Court asked the Defendant whether the Defendant had anything to say
why said sentence should not be pronounced upon said Defendant, and the Defendant answered
nothing in bar thereof Whereupon the Court proceeded to pronounce sentence upon said
Defendant as stated above
lt is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant
is guilty of the offense stated above, the punishment is fixed as stated above, and the State of
Texas do have and recover of said defendant all court costs in this prosecution expended, for
which execution will issue
DS4: ludgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Page 2 of 2 Pages
lt is ORDERED by the Court that the Defendant be taken by the authorized agent of the
State'ot` ’I`exas or by the Sheriff of this county and be safely conveyed and delivered to the
Director, lnstitutional Division~TDCJ, there to be confined in the manner and for the period
. aforesaid, and the said defendant is hereby remanded .to the custody of the Sherit`f of this county
until such time as the Sherift` can obey the directions of this sentence
The defendant is given credit as stated above on this sentence for the time spent in county
jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount
specified above
Furthermore, the following special findings or orders apply:
Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court
orders the Defendant to apply for an original or renewed Texas Driver's License or personal
identification certificate not later than 30 days after release from confinement or upon receipt of
written notice from the Texas Department of Public Safety (DPS) and to annually renew the
license or certificate in addition, DPS shall place an indication on the Defendant‘s driver‘s
license or personal identification certificate that the Defendant is subject to the sex offender
registration requirements ln addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant.
THIS COUNT lS 'i`O RUN CONCURRENT WITH COUNTS 3, 4, 5 AND 6.
\,D
signed en the __/_;¢ ” day orMay, 2003.
Judge P`r'esiding
DS4: Judgmeni ot'Conviction by Coun; Sentence By Jury, Cause No. 03-F-0146-202; Page 3 of 3 Pages
CAUSE NUMBER
ila :Q,_Q: FL<='¢ g¢- di gin e\~ " " ,., §’2”2 ~ E- g iii ie' D<'/Z~
AME ') . DPS NUMBER
_ t cERTiFY THAT THE AB"ovE CAPTIONED mMATE `
HAS COMMI'I'I`ED NO SERIOUS AC'I` OR MISCONDUCT
WHILE IN MY CUSTODY
_F_ I CERTIFY THAT THE ABOVE CAPTIONED INMATE
CoM_MiTTED sERiouS ACTS OF MiscoNDucT As
FoLLows;
moment DAI_E
DATBS SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE
ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORD_ER:
iu ` our
W/(_v l g :,), c i v C;» 344-02
€)" / " L 79
"r'i§ci CooRDiNAToR
, COUNTY SHERIFF DEPARTMENT
..__.___.__-.._..._,.,.,__.... ..
THIS FORM SHOULD ACCOMPANY ALL INMATES COMMITMENT
PAPERS TRANSFERRED TO THE TEXAS DEP_ARTMENT OF
CR\lMlN A.L JUST[CE INSTlTUTlONAL DIVISION.
A'l'l`: ST.A"&`E READY DEPAR'I`MENT
No.".'B F[) l`i' ie`éub 9~ ‘ Q~'ou‘/‘+‘
" This page is attached hereto and made part hereof the judgment in this cause,`pu`rsuant to
Article 38.33`ofthe 'l`exas Code ot`Criminal Pr edurcs.
NAM£ OF ZEFENDANT (PRINTED)
@ _
SIGNA OF DE ANT
DEFENDAN'¥."S RIGHT 'I'HU`MIBPR[NT
;." ';- ` "\\ .
NO. 03-F-0146-202 (COUNT TWO)
:_"- F-r" 5""~'~'? Filf\'".'"i:i>l`v
9"~;§??'§'21'.1 P§-l 1121
s'rATE oF TEXAS )( iN THE 202"” JUiiiciAL __ - t
vs. ' _)( DISTRICT Corir%'i ._ -.
RANi)Y HENDERSON )( BowiE CoUNI ________ / ”’/Y 42§
JUDGMENT
'l`he Defendant having been indicted in the above entitled and numbered cause for the
felony offense of INDECENCY WITH A CHILD BY EXPOSURE, and this day this
cause being called for tiial_, the State appeared by her Assistant Criminal District Attorney,
NICOLE HABERSANG. and the Defendant, RANDY HENDERSON, appeared in person and
his counsel, DAVlD LASHFORD, also being present, and both parties announced ready for trial,
and said Defendant in open Court was duly arraigned and pleaded NOT GUILTY to the charge
contained in Count Two of the Indictrnent herein; thereupon a jury, to-wit: Derek Dwight,
_ foreman, and eleven others, was duly selected, impaneled and swom, who, having heard the
indictment read, and the Defendant’s plea of not guilty thereto, and having heard the evidence
submitted, and having been duly charged by the Court as their duty to determine the guilt or
innocence of the Defendant, and after hearing arguments of Counsel, retired in charge of the
proper officer to consider to their verdict, and afterward were brought into open Court, by the
proper officer, the Defendant and his counsel being present, and in due form of law returned into
open Court the following verdict, which was received and accepted by the Court and is here now
entered upon the minutes of the Court, to-wit:
' NOT GUILTY
OF lNDECENCY WITH A CHILD BY EXPOSURE
IT IS THEREFORE FOUND AND ADJUDGED BY THE COURT, that the said
Defendant is NOT GUILTY of the offense of lNDECENCY WITH A CHILD BY
EXPOSURE in Count lwo of the Indictment.
cea usa
, BlLl. l’EEK, Judge of the
202nd J udicial District Court
Bowie County, Texas
'§» t c ~ 0 z
DATE SIGNED
Cause No. 03~F-0146-202 (CoUNT.TnRi~;E) TRN 9027§§'4;/§9,_0_,
THE sTATE or TEXAS
V.
RANDY HENDERSON,
DEFENDANT
sin: Tx04157703
;'1
- t~-'"-‘.' c .
iN THE 202ND Jtii§icin‘i§" p " 21
DISTRICT COURT OF ;"
BowIE CoUN'%E#/Q;/ `
JUDGMENT OF CONVICTION BY JURYJ‘
SENTENCE BY JURY TO INSTITUTIONAL DIVISION,
TDCJ
DATE OF IUDGMENT____.
JUDGE PRESIDING:
ATTORNEY FOR THE STA'I`E:
ATTORNEY FOR '_l` HE DEFENDANTZ
Mt@
STATUTE FOR OFFENSE:
DEGREE OF OFFENSEZ
APPLICABLE PUNISHMENT RANGE
(including enhancements, if any);
Q&TE CF OFFENSE:
CHARGING INSTRUMENTZ
E_LEA TO OFFENSE:
PLEA TO ENHANCEMENT
RA_RAGRAPH§S !:
VERDICT FOR OFFENSE:
FINDING ()N ENHANCEMENT:
AFFIRM.ATIVE FlNDING ON
QEADLY WEAPON:
OTHER AFFIRMATIVE
SPECIAL FIND[NGS:
DATE SENTENCE IMPOSED:
' PUNTSHMENT AND PLACE OF
CONF[NEMENT:
TIME CREDITED TO SENTENCE:
CoURT Cosrs;
ToTAL AMouNr or REsrirUrioN:
NAME vAND AD_DREss roR
gEsTITU'rioN;
May l, 2003
Bill Peek
Nicole Habersang
David Lashford
Indecency with a Child-Sexual Contact
Article 22.11, Penal Code
Second Degree Felony
Second Degree 2-20 in prison/max $10,000 fine
June l, 2000
Indictment
Not Guilty
Not'Applicable
Guilty_
Not Applicable
Not Applicable
Not Applicable
May l, 2003
15 years in the lnstitutional Division-TDCJ, and a
$None fine
06-27-_01 to 06-28-01
05-01-03 to Present
$237.25
$None \
DS4: Judgment oi'Conviction by Court; Sentence By Jury, Cause No. 03-F-0l46-202; Page 1 of 3 Pages
The Sex Offender Registration Requiremenhs under Chapter 62, CCP, apply to the
Defendant, The agc of the victim at the time of the offense was 10 years ol_d.
This sentence shall run concurrent
On the date stated above, the above numbered and entitled cause was regularly»reached
and called for trial, and the State appeared by the attorney stated above, and the Defendant and
the Defendant’s attorneyz as stated above, were also present Thereupon both sides announced
ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and
eleven others. was duly selected, impaneled and swom. Having heard the evidence submitted
and having been duly charged by the Court, the jury retired to consider their verdict, ARerward,
being brought into open court by the proper officer, the Defendant, the Defendant’s attorney, and
the State’s attorney being present, and being asked if the jury had agreed upon a verdict, the jury
answered it had and returned to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes of the Court as follows:
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by sexual contact as charged in count three of the indictment
Thereupon, the Defendant having previously elected to have the punishment assessed by
the jury, pleaded to the enhancement paragraphs if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment Thereafter, the jury
retired to consider such question and, after having deliberated, the jury was brought back into
open court by the proper ot`ficer, the Defendant, the Defendant’s attorney, and the State’s
_ attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered
it had and returned to the Court a verdict, which »was read aloud, received by the Court, and is
now entered upon the Minutes of the Court as follows:
We, the jury, having'found the defendant Randy Henderson, guilty of indecency
with a child by sexual contact as charged in count three of the indictment, assess his
punishment at confinement for lS years in the Institutional Division of the Texas
Department of Criminal Justice.
A presentence investigation report was not required or done.
And thereupon the Court asked the Defendant whether the Defendant had anything to say
why said sentence should not be pronounced upon said Defendant, and the Defendant answered
nothing in bar thereof Whereupon the Court proceeded to pronounce sentence upon said
Defendant as stated above
lt is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant
is guilty of the offense stated above, the punishment is fixed as stated above, and the State of
Texas do have and recover of said defendant all court costs in this prosecution expended, for
which execution will issue
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F~0146-202; Page 2 of 3 Pages
It is ORDERED by the Court that the Defendant be taken by the authorized agent of the
State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the
Director, Institutional Division-TDCJ, there to be confined in the manner and for the period
aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of this county
until such time as the Sheriff can obey the directions of this sentence
The defendant is given credit as stated above on this sentence for the time spent in county
jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount
specified above,
Furthermore, the following special findings or orders apply:
Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court
orders the Defendant to apply for an original or renewed Texas Driver's License or personal
identification certificate not later than 30 days after release from confinement or upon receipt of
written notice from the 'l`exas Depaitment of Public Safety (DPS) and to annually renew the
license or certificate In addition, DPS shall place an indication on the Defendant's driver's
license or personal identification certificate that the Defendant is subject to the sex offender
registration requirements ln addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant,
THIS COUNT IS TO RUN?CONCURRENT WITH COUNTS l, 4, 5 AND 6.
. , viii
Signed on the _Lgo ` _ day of May, 2003.
Judge Presidihg}
DS4: Iudgment ot”Conviction by Court‘, Sentence By Jury, Cause No. 03-F-0146-202; Page 3 of 3 Pages
QG\N\&\.\ Hc$t!\i\dlti\nf»~ A O’.l)-F-Q/L/S”D€/z.
i\?AME
v.
RANDY HENDERSON,
DEFENDANT
SID: TX04157703
JUDGMENT or CoNviCTIoN BY JURY
SENTENCE BY JURY To INSTITUTIONAL DivISIoN
‘ TDCJ
DATE OF JUDGMENT: May 1, 2003
_ IUDGE PRESIDING: Bill Peek ~
ATTORNEY FOR THE STATE: Nicole Habersang
A'I`TORNEY FOR THE DEPENDANT: David Lashford
Q_Ij`fENSE: Indecency with`a Child-Se_xual Contact
STATU'I`E FOR OFFENSE: Article 22.11, Penal Code
DEGREE OF OFFENSE: Second Degree Felony
APPLICABLE PUNISHMENT RANGE
@udino enhancements if any)_ Second Degree 2-20 in prison/max 310,000 fine
DA'I`E OF OFFENSE: October l, 2000
CHARGING INSTRUMEN'I`: lndictment
PLEA TO OFFENSF.: Not Gui|ty
PLEA TO ENHANCEMENT Not Applicable
PARAG RAPH§S!:
VERDICT FOR OFFENSE: Guilty
FINDING ON ENHANCEMENT: Not Applicable
AFFIRMATIVE FINDING ON Not Applicable
~ ‘ DEADLY WEAPoN; 4
O'I`HER AFFIRMATIVE Not Applicable
SPECIAL FINDINGS:
DATE SENTENCE IMPOSED:_ May l, 2003
PUNISHMENT AND PLACE OF 15 years in the Institntional Division-TD_CJ, and a
CONFINEMENT: SNone fine
TIME CREDI'I`ED TO SENTENCE: 06-27-01 to 06-28-01
05-01-03 to Present
COURT COSTS: 3237.25
'I`OTAL AMOUNT OF RES'I`I'I`UTION: $None
NAME AND ADDRESS FOR
RESTITUTIO_N_:
DS4: Judgment of Conviction by Court; Sentence By Jury, tjaust: `N:.i tlji~l?»~tllll(i-ZOZ; Page l of 3 Pages
The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the
Defendant, The age of the victim at the time of the offense was 10 years o|d.
This sentence shall run concurrent
On the date stated above, the above numbered and entitled cause was regularly reached
and called for trialz and the State appeared by the attorney stated above, and the Defendant and
the Defendant’s attomey, as stated above, Were also present. Thereupon both sides announced
ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and
eleven others, was duly sciect.ed, impaneled and swom. Having heard the evidence submitted
and having been duly charged by the Court, the jury retired to consider their verdict. Atierward,
being brought into open court by the proper officer, the Defendant, the Defendant’s attomey, and
the State’ s attorney being present and being asked if the jury had agreed upon a verdict, the jury
answered it had and returned to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minut`es of the Court as follows:
We, the jury, find the defendant, Randy Heuderson, guilty of indecency with a child
by sexual contact as charged in count four of the indictment .
Thereupon,' the Defendant having_previously elected to have the punishment assessed by
the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment Thereafter, the jury
retired to consider such question and, after having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the Defendant’s attomey, and the_A State’s
attorney being present,A and being asked if the jury had>agreed upon a verdict, the jury answered
it had and returned to the Court a verdict, which was read aloud, received by the Court, and is
now entered upon the Minutes of the Court as follows:
We, the jury, having found the defendant Randy Henderson, guilty of indecency-
with a child by sexual contact as charged in count four of the indictment, assess his
punishment at confinement for 15 years in the lnstitutional Division of the Texas
Department of Criminal Justice.
A presentence investigation report was not required or done.
And thereupon the Court asked the Defendant whether the Defendant had anything to say
why said sentence should not be pronounced upon said Defendant, and the Defendant answered
nothing in bar thereof Whereupon the Court proceeded to pronounce sentence upon said
Defendant as stated above
It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant
is guilty of the offense stated above, the punishment is fixed as stated above, and the State of
Texas do have and recover of said defendant all court costs in this prosecution expended, for
which execution will issue
DS4: judgment ot`Conviction by Court; Sentence By Jury, Cause No. 03-F~0146-202; Page 2 of 3 Pages
lt is ORDERED by the Court that the Defendant be taken by the authorized agent of the
State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the
Dircctor, lnstitutional Division-TDCJ, there to be confined in the manner and for the period
aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of this county
until such time as the Sherii`t`can obey the directions of this sentence
The defendant is given credit as stated above on this sentence for the time spent in county
jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount
specified above
Furthermore, the following special findings or orders apply:
Special DL for Sex Oft`ender: Pursuant to article 42.016, Code of Criminal Procedure, the court
orders thc Defendant to apply for an original or renewed Texas Driver‘s License or personal
identification certificate not later than 30 days after release from confinement or upon receipt of
Wtitten notice from the Texas Department of Public Safety (DPS) and to annually renew the
license or certificate lyn addition, DPS shall place an indication on the Defendant‘s driver's
license or personal identification certificate that the Defendant is subject to the sex offender
registration requirements In addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant
THIS CGUNT `lS TC) RUN CON`CURRENT WITH COUNTS l, 3, 5 AND 6.
v , »,~.¢’
Signed on the llg_ ': day of May, 2003.
’ ` Judge Presiding
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-Ol46-202; Page 3 of 3 Pages
~iaaaaal_taiw\~ _`" Q?)-)~~/i/t/é/;e/z.
AME - DPS NUMBER ' cause NuMBER
. _____ 1 CERTIPY THAT TI'IE ABOVE CAPTIONED INMATE
HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT
W'HIL`E_ IN MY CUSTODY
i' CERTIFY THAT THE ABOVE CAPTIONED INMATE
COMMITTED SERIOUS ACTS OF MISCONDUCT AS
FOLLOWS:
DATES SUBJECT HAS BBEN ARRESTED AND RELEASED ON THE
ABOVE CAUSENUMBER IN CHRON_OLOGICAL ORDER:
in our
QQ’QYICH o M»o)
a t v a _
rDcJ cooRDINAroR
M COUNTY SHERIFF DEPARTMENT
THIS FOR`M SHOULD ACCOMPANY ALL INMATES COMMITMENT
PAPERS '"'i`RANSFERRED 'I`O THE TEXAS DEPARTMENT OF
CRIMLNAL l UST!CE lNSTlTUTIONAL DIVISlON.
ATT: sims READY DEPARTMENT
4/
NO, ozForl/(,-aoa ‘§¢Mn
This-page is attached hereto and made part hereof the judgment in this cause, pursuant to
Article 38.33 ofthe Te:
'rDcJ CooaDiNAToR
COUNTY SHERIFF DEPARTMENT
THIS FORM Sl~lOULD ACCOMPANY ALL INMATES COMMITMENT
PAPERS 'TRANSFERRED TO THE 'I`EXAS DEPARTMENT OF
CRll\/ilN AL J USTlCE lNSTlTUTIONAL DIVISION.
A'l"l". ST.»'-\TE READY DEPARTMENT
No.oz€o)%~sma ~ O,oun+¢,
This page is attached hereto and made part hereof the judgment in this cause, pursuant to
Article 38.33 of the Texas Code ot`Criminal procedures
ézmz; &;¢_d/¢ao¢z
NAME O DEFEN'DANT (PRMED)
OF DEFENDANT
SIGNATI
DEFENDANT`S RIGHT THUl\/IBPRINT
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No. 03-r-0146-202 (coUNT sEvEN) n
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D" ’~' =='-G F.’i l: 21
sTATE 0F TEXAS 1 )( ns THE 202"°`»’-'$9)& rAL 'i :_, ,
, ~ ' ) “x
vs. )( DIsTRlCT eo W‘; f‘r{;z§
RANnY HENnr;RsoN )( Bowie coUNTY, rExAs ' '
JUDGMENT
The Defendant having been indicted in the above entitled and numbered cause for the
felony offense of AGGRAVATED SEXUAL ASSAULT U_F A CHILD, and this day
this cause being called for triai, the State appeared by her Assistant Criminal District Attomey,
NICOLE l-IABERSANG, and the Defendant, RANDY HENDERSON, appeared in person and
his counsel, DAVlD LASHFORD, also being present, and both parties announced ready for trial,
and said Defendant in open Court was duly arraigned and pleaded NOT GUlLTY to the charge
contained in Count Two of the Indictrnent berein; thereupon a jury, to-wit: Derek Dwight,
foreman, and eleven others, was duly selected, impaneled and swom, who, having heard the
indictment read, and the Defendant’s plea of not guilty thereto, and having heard the evidence
submitted, and having been duly charged by the Court as their duty to determine the guilt or
innocence of the Defendant, and after hearing arguments of Counsel, retired in charge of the
~ proper officer to consider to their verdict, and afterward were brought into open Court, by the
proper officer, the Defendant and his counsel being present, and in due form of law returned into
open Court the following verdict, which was received and accepted by the Court and is here now
entered upon the minutes ofthe Court, to-wit:
NO_T GUlLTY
OF AGGRAVATED SEXUAL ASSAUL'I` OF A CHILD
IT lS THEREFORE FOUND AND ADJUDGED BY THE COUR'I`, that the Said
Defendant is NOT GUlL'I`Y of the offense of AGGRAVATED SEXUAL ASSAULT OF A
CHILD in Count Seven of the Indictment.
BILL PEEi<, Judge ofihe
202nd Judicial District Court
Bowie County, Texas
5 - ilp' o 5
DATE siGNED
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P._o_ Box 4005 __
_ ~Huntsvil|e, TX 77342-"4005
_ (936) 437-5203
9/ 3 0/ 20 1 4
Randy Henderson
TDCJ #1170754
Beto Unit (B l/022)
Dear,Mr. Henderson:
Your records have been updated. The Board of Pardons and Parole voted on 03/01/2014
to allow Counts 3 & 4 of Cause No. 03-F-0146-202 to “.cease to operate”. This'allowed
counts 5{1)6 to begin. With the ' j ail'time credit awarded to these to counts, it resulted in
. sentence begin date of 02/27/20'14. ` - ` n
a
Sincerely,
QMM n l l _ W ;w@s boyce foot C°_“""
_J. Moore _ ~ O.‘_MJ__ c
Legal _Assistant Support Manager m W"\" " 1 g § w\vwi,` Oi §m»>a.ecé\_€lwli
Appellate Section \¢\wL _'w\@¢~¢&j "“`\ MW_ w ma sep \"O‘L
l ri l ;-\os~c~ de louie @*’"“‘
cc: ie . »
Q.e~a_ -"rr.w@_ S\QLT-'_,.,CU~¥®A& __} M
I~(oo F'LAW\ lia'~°l~'~'
in Re Randy Henderson
Combined Opinion