writ No. 10-09383-<; 301 850 v |q _
ccA No. wR-30,830
F:X PARTE william EARL DURHAM § TEXAS COURT OF CRIMINAL
§ APPEALS AT
Applicant, Pro se § _' AUSTIN,_ TEXAS
RECE|VED |N
COURT OF CR!MINAL APPEALS
APPLICANT'$ oBJECIIONS 10 TRIAL coURTS FINDINGS
IN H.IS HABEAS coRPUS 11.07 JUL 17 2915
` AND REQUEST TO REMAND FOR EVIDENTIARY HEARING
Abemcosia,@lsii<
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, William Durham Applicant Pro Se in the above entitled and numbered
CauSe and respectfully presents this his objections to the trial courts findings
and request to remand for evidentiary hearing and in support thereof will respectfully
show the following.
l.
The basic premise of Durham's Application (Habeas Corpus){is that TDCJ-ID removed
his Discretionary Mandatory Supervision Date, not because of any current Aggravating
elements, but based upon a 1992 Burglary of a Habitation, (Penal Code 30.02) whereat
there was no findings of Subsection (d)(Z) Weapons or Explosives, or (d)(3) No injury
to anyone before, during or after the Burglary, and with such the removal of Applicants
' Mandatory Supervision Date is legally unwarranted based upon those provisions and
pursuant to House Bill 1433, codified as Texas Gov't Code 508.149.
Applicant proffers that this Honorable Court has already decidied the exact same
fundamental issues in Ex Parte Mabry, Ex Parte Thompson. and Ex Parte Keller 1
All of which included the same arguement as Applicant herein, and that is
in short Mandatory Supervision for offense committed before the enactement of House
Bill 1433.Tex Gov't Code 508.149.
Moreover. Durham tenders that his original Convicting Court (232nd District, Harris
County) Cause No 682249. already issued thier response indicating the status of
the offense is one that is eligible for mandatory supervision and for the 252nd
District court or TDCJ-ID to come back year later and force this applicant to re-
address the issue is a waste of this courts time. see 682249-E Ex Parte Durham.
Thompson, Keller and Mabry all faced the same condition(s) as Durham in that the
TDCJ agency attempted to deprive them;of some right based upon newly enacted statutes
that did not apply, herein Durham argues that his 1992 Burglary had no Victims or
weapons and that he was eligible for Mandatory Supervision under the old law and
that a first degree Burglary from 1992 with no weapons or explosives (d)(2) or
lnjury to anyone (d)(3) is not one found on the Texas Gov't Code 508.149 list.
And this is an issue or subject best determined in an evidentiary hearing.
ll.
Applicant further argues that'the Honorable Judge has misapplied or misunderstood
Tex. Code of Crim. Proc. 11;07 §A(a) - (c). More specifically, Applicant does agre
that ha did tila his first Appli¢atioh
Ex Parte Hall 995 S.W;Zd 151. 152 (Tex. Crim. App. 1999)
2. Ex Parte McPherson 32 S.W.3d 860 (Tex. Crim. App 2000)
3. EX Parte Whiteside 12 S.W.3d 819 (Tex. Crim. App. 2000)
4.Walter v. Quarterman C.A. 5 (Tex) 2007, 258 Fed. Appx. 697, 2007
WL 4372930; (Quote Stone v. Thaler C.A.5 (Tex) 2010, 614 F.3d 136.
DECLARATION
Applicant states under the penalty of perjury that he has read and
understands everything in this Application to the Court of Criminal
Appeals. and says that all it contains is true and correct to the
best of his knowledge. l
Wfllz;g%é§;:;;;j§ppl1cant Pro Se
Verfification
Applicant verifies that he has placed a tsue and correct copy of this
Applicants objections and remand for Evidentiary hearing in the U.S.
Mail Box on the Ramsey One Unit at 100 FM 655, Rosharon, Texas 77583
to the Criminal District Attorney, at the Jefferson County Courthouse
at 1085 Pearl Street, 3rd floor
Beaumont, Texas 77701. on July 14, 2015
%Wx/
William Durham Applicant Pro Se
William E. Durham 1740286
"; Ramsey One Unit
1100 FM 655
'Rosharon. Texas 77583
Texas Court of Criminal Appeals _ July 14. 2015
Clerk of the Court Blake A. Hawthorne
P.O. Box 12308
Austin. Texas 78711 ' Re: Writ No. 10-09383-€
CCA No. WR-3083O
Dear Mr. Hawthorne,
Greetings sir, l hope my letter finds you in good health.
Enclosed, please find my Objections to the Trial COurts findings
and request to remand for evidentiaryhhearing.
l respectfully request that you bring this to the attention
of the CCA at your earliest time possible.
l wouldllike to thank you in advance for yuor time and look
forward tohearing from you soon.
Respectfully Mj___/____
WIlliam Durham
cc/file