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661
RAUL D. JACKSON #1367898
William R Boyd Jr Unit
200 Spur 113
Teague, Tx. 75860
Court of Criminal Appeals - June 3, 2015
Louise Pearson, Clerk »
P.O. Box 12308
Austin, Tx. 78711
'RE; Ex PARTE RAUL DAviD JAcKsoN, writ No. wR-73,697-06, wR-73;697¢07,
wR-73,697-08, wR-73,697-09
Dear Clerk,
Enclosed please find Applicant's Supplémental Appendix to
Brief in Support of Application for Writ of Habeas Corpus to be
included in the record in the above-referenced cause numbers.
ln an Order issued by the Court on May 20, 2015, the Court
requested the original plea papers be Sent from the trial court.
l did, however, make this request to the trial court clerk at the
time of filing that these papers and others be included in the
habeas record,and the clerk failed to comply with my request. l
have included only the papers that l referenced in my application
and brief. lncluding the Notice of Dispositions that l believe
that the trial court clerk may not send and are relevant to my
claims for relief.
Please bring this information to the attention of the Court.
Thank you.
Applicant, Pro Se
RECEVE!|N
couRToFcRmmNALAPpEALs
JUN OSZMS
knelA¢ssza,oaem
WRIT NO. WRr73,697-06; WR-73,697-O7, WR-73,697-O8, WR-73,697-09
EX PARTE
RAUL DAVID JACKSON
.SUPPLEMENTAL APPENDIX TO
BRIEF IN SUPPORT OF APPLICATION FOR WRIT OF HABEAS CORPUS
TABLE OF CONTENTS
CERTIFICATE OF AUTHENTICITY
EXHIBIT 1 - Trial No. F-0554511
Original Indictment / Original Plea Agreement / Judicial Confession /
Docket:Sheets / Certification of Defendant's Right to Appeal / Notice
of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
EXHIBIT 2 - Trial NO. F-O555473 '
Original Indictment / Original Plea Agreement / Judicial Confession /
Docket Sheet / Certification of Defendant's Right to Appeal / Notice
of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
EXHIBIT 3 - Trial NO. F§0556279
Original Indictment / Original Plea Agreement / Judicial Confession /
Docket Sheet / Certification of Defendant's Right to Appeal / Notice
of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
EXHIBIT 4 - Trial NO. F-0557397
Original Indictment / Original Plea Agreement / Judicial Confession /
Docket Sheet / Certification of Defendant's Right to Appeal / Notice
of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /
Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution.
EXHIBIT 5 - Deadly Weapon Allegation No. F-0554511 only
CERTIFICATE OF AUTHENTICITY
l, Raul David Jackson, Applicant pro se, do certify and
declare under penalty of perjury that the documents contained in
this Suppl€mental Appendix to Brief in Support of Application for
Writ Of HabeaS COerS are true and correct copies of originals as
provided to Applicant by the Dallas County District Clerk.
EXECUTED this 3rd day of June, 2015
Applicant, Pro Se
0
EXHIBIT l
CAUSE NO. F-0554511
EXHIBIT I
EXHIBIT I
54
is ` .;,~i
rt
. - x ` .
DEFENDANT Jackson,RaulDavid B M 06061969 cHARGE Poss cs 1NTDEL4OOG/2N1";'?'
AKA:
ADDRESS 4314 ParrvB Daua< TX ~ LOCATION nsQ '
FILING AGENCY TXDPDOOOO DATE FlLED Ml¢l 2005 COURT CDC5
CoMPLAINANT McKinney, V . F-0554511 vT#:
C/C Francisco Trevino:
'Jacqueline Trevino
TRUE BILL lNDICTMEN'I`
IN THE NAME AND BY THE AU'I`HOR_ITY OF THE STATE OF TEXAS: The Grand Jury of
Dallas County, State of Texas, duly organized at the July Term,A.D., 2005 of the
Criminal District Court 5 , Dallas County, in said Court at said
Term, do present that one JACKSON, RAUL DAVlD , Defendant,
On or about the 8 th day of July A.D., 2005 ‘ 1 in the County of Dallas and said State, did
unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an
amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
the lOTH day of NOVEMBER, 1989, A.D., in Cause Number F_89-A4573-S on the docket of 282ND
JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID
JACKSON and said conviction was a final conviction,
against the peace and dignity of the State.
Bmum ”_ /y%¢///QL/
Criminal District Attorney of l)allas County, Texas Foreman of/y/Grand Jury.
ca.._.~No. F D§" §%Sl /
sirATE oF TEXAS ~ § . iN THE C‘DC cf
.. vs_. § i)isTiucT coURT
. ) t~\ Ct¢i @/u{, 159 o / § ' DALLAS coUNTY, TEXAS
PLEA AGREEMENT
'l`O THE HONORABLE JUDGE OF SAlD COURT: ` .
The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the
following agreement . '
Defendant’s plea: [\/( uilty z [ ] Nolo contendere
[ ] Defendant will testify. [ Defendant will NOT testify.
Plea to enhancement paragraph(s): [ rue [ ] Not true
Type of plea: [ Plea bargain ` [ ] Open plea
Open as to: [ ] Deferred Adjudication [ ] Community Supervision [ ]Fine [ ]Restitution.
[ ] Other:
State’s recommendations
Agr ed sentence:' d
[ Confinementin Cz)e)zitentiary)(sfa£ejafl;l{eou*g¢jail) for i § ' (years) (men+hs)~(days).
[ ] Post-conviction community supervision, confinement probated for (years) (months) (days).
[ Qefened community supervision for (years) (months) (days). _
[ _ Fine of$ D‘ ° 0 '~" . [ ] To be paid. [. ] To be probated. .»
[ ] Boot Camp [ ] Shoclc Probation [ ] Substance Abuse Felony Program _
[ '] Judicial Drug Treatment Center [ ] CENIKOR -[, ] Dallas County Jail Chemical Dependency Program
[ 4 ] Restitution in the amount of $ . _ [ ] Back-time NOT included.
[ ] Bacl<~time included ‘ - .
[ ] efendant will sign waiver of extradition. _` ' [ ] Defend nt know' gly and voluntarily waives appeal.
['- Other: @.r\¢¢ il' §o»~ all bet ft tim , A/( faa cwa {w\/ Oo/Jcom
l
~ [ ] CHANGE OF NAME (Applicable only if box is checked) ' ,
The defendant having suggested that his/her true name is other than that set forth in the charging instrument, 5
and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
name_to be , said motion is hereby granted. lt is so ordered.
COURT’S ADMONITIONS TO DEFENDANT
You are charged with the offense of: ' PC' § Li 230 el
' The vunishment range for the offense charged is: J
[ ' lal Degree Felony,( 5 - 99 years or Life and an optional fine not to exceed $10,000.00.
[ ] Z“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
[ ] El“i Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $10,000.00.
[ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
l l ,
You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call
witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. -The prosecuting
attomey’s recommendation as to punishment is not binding on the Court. You will be permitted to Withdraw your plea
if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
which you have plea-bargained, you may not appeal on any matter in thel case unless the Court grants permission for the
appeal or the matters appealed were raised by written motion'filed and ruled on before the plea. If you enter a plea of
guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
allowed by law. lfyou are not a citizen of the United States, a plea of guilty or nolo contendere_may, and under current
Federal hnmigration rules is almost certain to, result in your deportation, exclusion ii'om admission to the United States,
or denial of naturalization If you have a court-appointed attomey, you have a right to ten days from the date of the
attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and,
unless you'are on bond, a right to two entire days after being served with a copy of the charging instrument before being
arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no
appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex
Offenders, which is incorporated by reference and attached _hereto.]
DEFENDANT’S STATEMENTS AND WAIVERS
With the approval of counsel, defendant makes the following statements and waivers. lam the accused in the
charging instrument and am mentally competent I understand the nature of the accusation made against me, the range
ssi
I hereby Waive my right to bi ied on an indictment returned by a grand _ ,/; any and all defects, errors,' or
irregularities whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain
silent l waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination
3 of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
and the preparation of a` pre-sentence report. I consent to the oral or written stipulation of evidence or testimony, to the
introduction of testimony by affidavits or written statements of witnesses and to all other documentary evidence.
/ I admit and judicially confess that l committed the offense of FCS 4 on____
~?{§Z ios __exactly as alleged in the charging instrument I affirm that my plea and judicial ei)nfession are freely and `
voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.
l understand the admonitions regarding unadjudicated community supervision, and that I will be required to
register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under
Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I
be charged with a violation of my community supervision and be arrested in another state, I have the right to require the .
issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,'
and t e right to apply for _a writ of habeas corpus to contest my arrest and return to this State.
[ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right
to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such
waiver is irrevocablel
[\/f I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’s
recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and
intell}ently give up and waive my right to any appeal.
' L/DEFENDANT’s PLEA To ENHANCEMENT PARAGRAPH(s) (Applicable only ifmb is checked)
legally convicted of the offense(s) alleged therein.
_ - SIGNATURES AND ACKNOWLEDGMENTS
I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand,
all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
knowingly, freely, and voluntarily made with full understatide of the consequences l request that the Court accept '
all my waivers, statements, agreements, and my plea.
ii 430[@1 » £/Méé /ZMZM»,
ate . B`efendant) ‘ E/ n ( ~`;T-AC /LJ'G[
Printed Name:
I have consulted with the defendant, whom I believe to be competent concerning the plea in this case and have
advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant -
herein and ask the Court to accept them and the defendant’ s plea.
. c '/"
ii 1301/lt /1// h’¢
Date Attomey for Defendant /7 LC
Printed Name: /l) { (/L 02<
State Bar # _ UL(‘TL¢{°? ?'
As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations
l in this instrument
(Z f go jo jr n Cl/lem<@tto/:y,\l)allas County, by
Assistant District
Date
Printed Name:
State Bar # ¢
It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the
defendant understands the nature and consequences of the charge, and the parties have sented to and approved
the waiver of jury trial and stipulations of evidence, the Court fid s tthe
knowingly, freely, and voluntarily made, approves the waiver
the stipulation of testimony, and approves the change of
conta gredh ein
Date. ` Judge
I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are v
contained in the charging instrument and judicially confess that l am the same person who was previously duly and _ -
JS
DEFENDANT Jackson, Raul David B M 06061969 CHARGE POSS CS INT DEL
400G/2ND
AKA: ' '
ADDRESS 4814 Parrv B Dallas Tx LOCATION D_SO_____________
FILING AGENCYI`XDPDOOOO DATE FILED July 14, 2005» COURT CDC5
COMPLAINANT McKinney, V F-05 5451 l VT#:
C/C Francisco 'l`revino:
Jacqueline Trevino
THE STATE OF TEXAS CAUSE NO. F-0554511
VS.
CRIMINAL DIS'I`RICT COURT 5
Jackson, Ralll David ` DALLAS COUNTY, TEXAS
JUDICIAL CONFESSION
Comes now Defendant in the above cause, in writing and in open Couit, and consents to the stipulation of
the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination
of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by
affidavits, written statements of witnesses and other documentary evidence Accordingly, having waived
my Federal and State constitutional right against self-incrimination, and alter having been sworn, upon
oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
correct and constitute the evidence in this case:
On the ' 8 th day of July A.D., 2005 , in Dallas County, Texas, ldid unlawliilly,
unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an
amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
lOTH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL
DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said
conviction was a final conviction, ..
t
l further judicially confess that l committed the offense with which I stand charged exactly as alleged in the
indictment in this cause.
Attofne;hfor }£fendant j ; \ Defend t
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Cause No. OS/"{`L( S///
'ri~li; sTATi; or"rExAs § tN' THE (7»-'{)£. lt
vs. » § nrsTRtCT'CounT
FF\ C,l,( 5 »¢»u|,. t@,@ol § DALLAS CoU'N'rY, TEXAS
TRIAL COURT’S CERTIFICATIC)N Ol" DEFENDANT’S RlGHT OI" APPEA.L'Jt
I, judge of the trial couit, certify this criminal case:
m is not a plea-bargain case, and the defendant-has the right of appeal, [or]
l:l is a plea-bargain case, but matters were raised by written motion filed and ruled on
before `trial, and not withdrawn or waived, and the defendant has the right of
appeal, [.or] y v
` a plea-bargain case, but the trial court has given permission to appeal, and the
»/defendant has the right ofappeal, [or]
the defendant has NO rightofappeal, [or]
4/ ““““ 4 Date Signed
t have received a copy ofthis certification: »
De'l`endant (if not represented by counsel) Defendadt’s Coiinsel l N
l\'lailing Address: State Bar No.: 0({ [{Q l/( ¢( '}
Mailing Address: v . '
/%Ol l§ /m 7[7‘&§ §/-e
'l`elephone il.'
ple # (if;my) l Telephone #: l f " _
rax#(_irany); 06 //M/ 7){ V'J J'<>Lt
"’A defendant in a criminal case has the right ofappeal under these rules. The trial court shall enter
a Certification ofthe defendant’s right to appeal in every case in which it enters ajudgment of guilt
or other appealable order_ ln a plea bargain case ---- that is, a ease in which a defendant’s plea was
guilty or nolo contendere and the punishment did not exceed the punishment recommended by the_
prosecutor and agreed to by the defendant ---- a defendant may appeal only: l(A) those matters that
were raised by written motion filed and ruled on before tria|, or (B) after getting the trial court"s
v permission to appeal 'l`EX/\S RULE OF APPELLATE PROCED!.,!`RE 25.2(a)(2).
rn enlMJnAL anTRJer v - ,
DAnLAS coUNrY, TEXAS » ' .SEQ' oooa~
oFFENsE MFR es 46 -. TIME 143150
REnucan.enARGE '
`L'n¢_-¢_,M_.o-`-,.-.v__
DISPGSED BY PGBC_¢_
R[€MARKS
D]'S']`l'CO’JWJ
RAUL DAvn) JACKsoN APRIL TERM, A.D., 2006
PID 4006
Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
cause, for the following reasons, to-wit:
The above case has been reindicted as C_ause Number F06-00445-K.
` WHEREFORE` PREMISES CONSlDERED, the State respectfully requests that this case be dismissed
Wéit trw Mo'tion" of Dist. tttt'y.
a _ t J&`_Jsst. net nw
EXHIBIT 2
CAUSE NO. F-0555473
EXHIBIT 2
EXHIBIT 2
JS
DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 1G/2ND
AKA:
ADD-RESS \ LOCATION DSQ
FILING AGENCY TXDPD0000 'DATE FILED Auggst 05, 2005 coURT CDC$
coMPLAlNANT M¢Kinney, v . . F-0555473 vT#:
c/c ' 7
TRUE BILL INDICTMENT
IN THE NAl\/fE AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
Dallas County, State of Texas, duly organized at the Juiy Term,A.D., ' 2005 of the
Criminal District Court 5 , Dallas County, in said Court at said
Term, do present that one JACKSON, RAUL , Defendant,
On or about the ll th day of May A.D., 2005 in the County of Dallas and said State, did
unlawfully and knowingly deliver, to-wit: actually'transfer, constructively transfer and offer to sell a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of 1 gram or more but less than 4 grams to V. MCKINNEY,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said .
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on §
the lO'l`H day of NOVEMBER, 1989, A. D., in Cause Number F89- A4573- S on the docket of 282ND ;
IUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DA~VID »
JACKSON and said conviction was a final conviction,
against the peace and dignity of the State. _
. l . BmHm v / j(¢/(' w
m:_.:a-\ n:-.s:,\. ,w AAAAA . newman r*mmrv Tmm l / Foreman oft.lé Gllnd JUFY-
,/"
strain oF TEXAS _ " - § name CDC‘/ l
_ / vs. _ t § DISTRICT coURT -
' in Cl<_$°l\l} 60 Ul __ § ‘_ _.DALLAS COUNTY,TEXAS
f § PLEA'AGREEMENT l
TO THE HONORA_BLE JUDGE OF SAID COURT: -
The defendant herein and the attorneys for both the defendant and the State waive a jury trial land make the
following agreement: . ' .
Defendant’s plea: ' [ Guilty _ [ ] Nolo contendere
[ ]_-Defendant will testify. - [ ] Defendant will NOT testify.
Plea to enhancement paragraph(s): [ rue [ ] Not true
Type of plea: ` [ Plea bargain ' [ ] Open plea
Open as to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitutionl
[ ] Other: '
State"s recommendation: '
Agre d sentence: ` ~
[ Confinement in (,z)enitentiary)(s¢a¢ejh»¢¥){eow¢¢yjail)'for i § &@l (years) (mantke)-(duys}.`
[ ] Post-conviction community supervision, confinement probated for (years) (months) (days).
[ leferred co unity superiision for (years) (months) (days). .
la Fm€ Of$ il °0') . [ ]To bepaid.~ [. ]To beprobated.
[ ] Boot Camp [ ] Shock Probation [ ] Substance Abuse Felony Program _ _
[ '] Judicial Drug Treatrnent Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program
[ _ ] Restitution in the amount of $ . . [ ] Back-time NOT included
[ ] Back-time included ~ . . . .
[ efendant will sign waiver of extradition, 5 `[ ] Defendant knowingly and voluntarily waives appeal.
[‘ Other: e/ml\”f A»~ ad leachile 461 56er fe /'*m Cowcvmww/L7
[ ] CHANGE OF'NAN[E (Applicable only if box is checked)
The defendant having suggested that his/her true name is other than that set forth in the charging instrument,
and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
name,to be ‘ , said motion is hereby granted It is so ordered
_ COURT’S ADMONITIO T DEFENDANT
Yo`u are harged with the offense of: &(& l ll '” "l ‘i
'l`he¢q)£i;hment range for the offense charged is: / J
[ ' l'“ Degree Felony, 5 - 99 years or Life and an optional fine not to exceed $10,000.00.
[ ] 2"d Degree Felony, 2 - 20 years confinement and an optional fmc not to exceed $10,000.00.
[ ] '3“1 Degree Felony, 2 - 10 years`confmement`and an optional fine not to exceed $10,000.00.
[ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
[ l ,
You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call d
witnesses in your own behalf ,You' have a right to testify, but you cannot be compelled to do so. ~The prosecuting
attomey’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea
if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
which you have »plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
appeal or the matters appealed were raised by`written motion filed and ruled on before the plea. If you enter a plea of
guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
allowed by"law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may,' and under current
Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States,
or denial of naturalization If you have a court-appointed attomey, you have a right to ten days from the date of the ,_
attorney’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and,
unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being -
arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no
appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
then continue as if the adjudication of guilt had not been deferred '[In sex offense cases, see Court’s Admonition to Sex
Of_fenders, which is incorporated by reference and. attached hereto.]
_. . DEFENDANT’S STATEMENTS AND WAIVERS
With the approval of counsel, defendant makes the following statements and waivers. lam the accused in the
charging instrument and am mentallv competent I understand the nature of the accusation made against me, the range
./`
./"
I hereby waive my right to b ied on an indictment returned by a granu.* /; any and all defects, errors,' or
irregularities, whether of form 'or substance, in the charging instrument; my right to a jury trial; and my right to remain
silent. I waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination
~of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
and the preparation of al pre-sentence report. `I consent to the oral or written stipulation of evidence or testimony, to the l
introduction of testimony by affidavits or written statements of witnesses, and to El otaer documentary evidence.
I admit and judicially confess that I committed the offense of ' L{ a on
§`[ tr O( exactly as alleged in the charging instrument l affirm that my plea and judicial conf`e'ssion are freely-and~`
voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole. ~
l understand the admonitions regarding unadjudicated community supervision, and that I will be required to -
register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under
Court’s Admonition to Sex Offendersi attached hereto. I understand that under the Uniform Extradition Act, should I
be charged with a violation of my community supervision and be arrested in another state, I have_the right to require the .
issuance and service of a warrant of extradition, the right to hire legal counsel, _or, if indigent, to have counsel appointed,l
and e right to apply for a writ of habeas corpus to contest my arrest and return to this State.
[ ' I voluntarily and lmowingly waive my.rights under the Extradition Act, waive extradition, and waive my right
waiv r is irrevocable. ` .
[ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’s
recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and _
intelligently give up and{waive my right to any appeal.
` t DEFENDANT’s PLEA To ENHANCEMENT PARA'GRAPH(s) applicable only ifbox is checked)
egally convicted of the offense(s) alleged therein.
SIGNATURES 'AND ACKNOWLEDGMENTS ,
I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand,
all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
knowingly, freely, and voluntarily made with full undefs“tan '
all my waivers, statements, agreements, and my ple .’ ,, '
, /,
___ 0 5 3/ l ‘ - \ . ` A//@‘Q\/
ate /befendah _ ` . " "’ g
Printed Name: PN ( FH ij¢>l\)
I have consulted with the defendant, whom Ibelieve to Be competent; concerning the plea in this case and have
advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant -
herein and ask the Court to accept them and the defendant’s plea. j ~
ate _ _ ~
Attomey lfor Defendaiit y g
Printed Name: ' _ f CC C" )<`
StateBar# , 0\4¢1(6‘(‘(’,}'
As attorney for the State, Ihereby consent to and approve the requests, waivers,'agreements, and stipulations
in this instrument 4 ‘ _
»- ' BILL 'I L, dminal District Attomey, Dallas County, by
~ 30 01 ' »{» ‘» 3 inn
Da e ‘ / . ' n
Assistant Distric '
. ..» '§
Printed Name: d C§\
State Bar # , L// Q / Z_
It appearing to the Court that the defendant is mentally competent and is represented by counsel,.that the
defendant understands the nature and consequences of the charge, and that all the parties have conse and approved '
d p a to have been
’s plea, approves
the waiver of jury trial and stipulations of evidence, the Court finds t wai ers, agreements,
knowingly, freely, and voluntarily made, approves the waivers and a eemen
the stipulation of testimony, and approves the change of name _con ned h ein (if plic
Date _ Judge _ '
to cor?est my return to the State of Texas from any jurisdiction'where I may be found. Iunderstand and agree that such `_
I, the defendant, plead true to the (second)', (third), (second and third) enhancement paragraph(s) which is/are l g
ntained in the charging instrument, and judicially confess that I`am the same person who was previously duly and l ~
g of the consequences I request that the Court accept `
JS
DEFENDANT Jackson, Raul B M 06061969 anRGE DEL CS 1G/2ND
AKA: y
ADDRESS LOCATION DSQ_____
FILING AGnNchXDPDoooo nATE FILEI) August 05, 2005 coURT CDC5
coMPLAINANT McKinney, V . F-0555473 vr#:
c/c
THE sTArE oF rExAs ' cAUsE No. F-0555473
vs. '
_ cRIMINAL DISTRICT coURT 5
Jackson, Raul DALLAS COUNTY, TEXAS
JUDICIAL CONFESSION
Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of
the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination
of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by
affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived
my Federal and State constitutional right against self-incrimination, and after having been swom, upon
oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
correct and constitute the evidence in this case:
On the ll th day of May A.D., 2005 , in Dallas County, Texas, l did unlawfully,.
unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of l gram or more but less than 4 grams to V. MCKINNEY, (
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL
DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said
conviction was a final conviction,
l further judicially confess that I committed the offense with which l stand charged exactly as alleged 111 the
` indictment m this cause.
_ APPROV B.,;@
Attom\\for Dééndant ' /\ )/ Defe dayt/
O
SWORN TO AND SUBSCRIBED before me on the 3 day of 6 L/ , 20 O§~
AP_PROVED BY: JIM HAMLIN, CLERK
` _ DISTRICT OURTS OF
W [% » By
Assistant District Attomey
Defendant's agreement to stipulate and waiver of confrontation and cross-examiation o '
approved by the Court. The above Judicial Confession is hereby approved by the C '
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\-'s. _ , § , ms'rnrcr Coun'r ‘
F£\CK§o/\//, £/¢lwl § '_ - DALLAS CoUN'r\f, TEXAS
'rR`tAL Coun'r’S CERTIFl.CATloN or DEFENDANT’$ RxGHT or AP"PEAMt
I, judge ofthe trial court, certify this criminal,'c'ase:
ij is not a plea-bargain case, and the defendanthas the right o'l` appeal, [or] _ l
E
is a plea-bargain case, but matters were raised by written motion filed and ruled on
before trial, and not withdrawn or waived, and the defendant has the right of
appeal, [or] '
eat-bargain case, but the trial court has given permission to appeal, and the
' efendant has the right ot` appeal, [or]
isa
a )argain ca and the defendant has NO right ofappeal, [or]
`ved the right ofappeal.-' ' ‘
Judge %Da'te Signed
l have received a copy of this certification: QL/ -
De'l`endant (ifilot' represented by counsel) Defendant's Coui`lsel
Mailing Address: StateBar No.:‘ ObMS/(L(€ :)~
Mailing Address: /{,{0/ 6 /'M -Aé gg/O
'l`elephone i/.' " . . '
Fa.\: # (i["any) T€l€pllOll€ #1 Dd /(d»; 7;( ?'JFLO`Z_
v Fax # (_it` any):
Qt`°t 110 »_?[//
"‘A defendant in a criminal case has the right ol"appeal under these rules_ The trial court shall-enter _
a Certification ofthe defendant’s right to appeal in every case in' which it enters ajudgment ot`guilt _ ' t
or other appealable order. In a plea bargain case ---- that is, a case in which a defendant's`p|ea was
guilty or nolo contendere and the punishment did not exceed the punishment recommended l)y thc
prosecutor and agreed to by the defendant ---- a defendant may appeal only: (A) those matters that
were raised by written.n'iotion filed and mled on before trial, or (B) after getting the triallcourt’s
- permission to appcal. 'l`EX/\S RUL.E OF APPEL.LATE PROCEDI__!`RE "_`5.2(a)(2).
IN>CRlMlNAL-DlSTRTCT»COURT:4» ,
.DALLAS COUNTY, TEXAS -* 4- ~,~§ --»¢-=SEQ.,QOOQQQSW
-oFFENsE.DEL cs lsd ET[MEa143425
REDUCEDVCHARGE“
DISPOSED BY PGBC
REMARKS -120605=DEFT;£N ¢AIL, x._-;m\m:,.ALL»w,z\.¢z,lé';\;1\1.~.['5..-,@_N~-;T,.l,g._;c_-;;__,CAS__.;l c
DISTRTGT cLERK. _ . ' 1 .@..~»RELEASE@¥NEORMATFON¢/ »~
DALLAS coUNTY,- -- = . .- ],REMARKS. w .:-»,~-; g
~DALLAS COUNTY,`TEXAS v ' SEQ v0002v
REDUCEn cHARGE
SENTENCE
q.. m.
_ __;.; ywn Wi…_ n .M _% 04 Ws' _' W V : _ 14 _ .,Wx_
14 N THlS DEFT. DEFT_TS SET»TG GO-TO'COURT ON A FUTURE DATE TO BE SENTENCED CQ
RECTLY~PLEASE`D[SREGARD DEFT SENTENCED,[N ERROR THANK YOU "
DALLAS COUNTY, TEXAS ] REMARKS
. . ] _
JUDGMENT
vCERTIFICATE OF THUMBPRINT
¢AUSE NO. /05.~` 551/73z
THE' sTATE oF TEXAS » - IN THE
S. , ' DISTR_ICT coURT #4/
/é,/‘%/L \}77£ /¢SI’U ' DALLAS cOUNTY, TExAs
r.
RIGHT THUMB* Defendant's _/é}__hand
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE-
NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION
_ OF THE ABOVE STYLED AND NUMBERED CAUSE.
DoNE IN coURT THIS / ? DAY 03 )¢'Mé>.£»€ - », .20_¢’_`£.
%Z/Y ->»~zw.
BAILIFF/DEPUTY SHERIFF
*Indicate here if print other than defendant’s right thumbprint
is placed in box: .
left/right index finger
left chumbprint n ' '__
other,
,4)-~
__`
MOTION TO DISMISS PROSECUTIO&\ Form 183 b . . n ‘ OAQ/ /ZU’L*
THE STATE OF TEXAS,
NO. ]?05~55473-1( VS.
§ IN THE CRlMINAL
§ f DISTRICT COURT FOUR
§ OF DALLAS COUNTY, TEXAS
RAUL DAvn) JACKSON § APRIL TERM, A.D., 2006
DEL Cslc
Now comes the District Attomey of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
cause, for the following reasons, to~Wit:
The above case has been reindicted as Cause Number F06-00448-K.
WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed
Mea on Mouon m msz._ Anyv, ¢_ l¢§£<'/“‘f/M Assc, misc w
',‘ :::
f\')
23 1_1
C.O
O"*
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EXHIBIT 3
EXHIBIT 3 §
CAUSE NO. F-0556279
vEXHIBIT 3 1
CH
DEFENDANT Jackson,Raul David B M 06061969 CHARGE DEL CS 4G/2ND
AKA:
ADDRESS LOCATION DSQ
FILING AGENCY TXDPDOOOO DATE FILED August 25, 2005 COURT JDC195 ,
COMPLAINANT McKinney, V . F-0556279 VT#:
C/C
TRUE BILL INDICTMENT
lN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
Dallas County, State of Texas, duly organized at the July Term, A.D., 2005 of the
l95th J udicial District Court , Dallas County§ in said Court at said
Term, do present that one JACKSON, RAUL DAVID , Defendant,
On or about the 5 th day of July A.D., 2005 in the County of Dallas and said State, did
unlawiiilly and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-'A4573 -S on the docket of 282ND
JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID
JACKSON and said conviction was a final conviction,
against the peace and dignity of the State.
.. ' C'
162qu ; / : zZ»/ZZ“
Bill H‘ill ,/: /'__ ' V
Foreman of the Grand Jury.
rn:m;n.,l nam-apr Am\rn¢-.v nf`Dallas Countv. Te`XaS
C:;NQ.F O§`$ZZW /4
stairs oF TEXAS _ » § - m THE C DC L/
4_ v . ~' § msTRIcT coURr 4
‘ FAEV(< bldg {270 vi § '_ DALLAS couNTY,Yi`c$c"AE-_
PLEA AGREEN[ENT
TO THE HONORABLE JUDGE OF SAID COURT:
The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the
following agreement: _ `
Defendant’s plea: [ uilty _ [ ] Nolo contendere
[ ]'~Defendant will testify. [ ` efendant will NOT testify,
Plea to enhancement paragraph(s): [ rue [ ] Not true
’][`ype of plea:` [ Plea bargain ` [ ] Cpen plea
;)perci):tlhs to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitution.
er:
State’s recommendations
Ag eed sentence: ' § "
[ Confmement in @enitentia)y)(sta!ejai'l}{eo#n-lyjm¥) for . l 4 (years) (mon#zsj"(day$.~
[ ] Post-conviction community supervision, confinement probated for (years) ()_)'mnths) (days).
[ j D'eferred community supervision for ' (years) (months) (alay.`s).v `
[ ,] Fme of$ § 00 0 . [ ] To be paid. [. ] To be probated.
[ ] Boot Camp [ ' ] Shock Probation [ ] Substance Abuse Felony Program _
[ '] Judicial Drug Treatment Center [ ] CENIKOR »[ ]Dallas County Jail Chemical Dependency Program
[ _ ] Res_titution in the amount of $ . . - [ ] Back-time NOT included
[ ] Back-time included ` - ` .
[ ] Defendant will sign waiver of extradition, ' [ ] Defendant knowingly and voluntarily waives appeal,
[' ] Other: . ~ .
[ ] CHANGE OF NAl\/[E (Applicable only ifbe is checked) »
' .The defendant having suggested that his/her true name is other than that set forth in the charging instrument,
and having moved that the charging instrument and all other documents in this cause be amended to show his/her.true
name_to be , said motion is hereby granted. lt is so ordered.
~ v _ COURT’S ADMONITIONS TO DEFENDANT
You are charged with the offense of: DC § Lij - ),0 0 4
The 'unishment range for the offense charged is: J
[ l" Degree Felony, 15 - 99 years or Life and an optional fine not to exceed $10,000.00.
[ ] _2"d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
[ ] 3rd Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $10,000.00.
[ ]` State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
l ] . , , .
You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call l
witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. » The prosecuting
attomey’s recommendation as to punishment is not binding on the Court. You wille permitted to withdraw your plea
if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that
which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
appeal or the matters appealed were raised by written motion filedjand ruled on before the plea. If you enter a plea of
guilty or nolo contendere and there is no"plea bargain, the court may assess your punishment anywhere within the range
allowed by law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may,' and under current
Federal Immigration rules is almost certain ,to,' result in your deportation, exclusion from admission to the United States,
or denial of naturalization If you have a court¢appointed attomey, you have a right to ten days from the date of the
attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and,
unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being
arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and '
subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no
appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal,
then continue as if the adjudication of guilt had not been deferred. [ln sex offense cases, see Court’s Admonition to Sex
Offenders, which is incorporated by reference and attached hereto.] -
DEFENDANT’S STATEMENTS AND WAIVERS _
With the approval of counsel, defendant makes the following statements and waivers. lam the accused in the
nimmim in cmim¢=_m and am mentallv competent I understand the nature of the accusation made against me, the range
I hereby waive my right to br ed on an indictment returned by a grand ' d .;any and all defects, errors,' or
irregularities, whether of form or substance, in the charging instrument; my right to a jury uial; and my right to remain
silent. l waive anaignment and reading of the charging instrument; the appearance, confiontation, and cross-examination .
» of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
and the preparation of a' pre-sentence report. I consent to the oral or' written stipulation of evidence or testimony, to the 4
introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. "
" 3/I admit and judicially confess that I committed the offense of DC§ l’l § "L@‘;él . on____ 1 '
'g 0 exactly as alleged in the charging instrument l affirm that my plea and judicial co ession are freely and `
voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.
I understand the admonitions regarding unadjudicated community supervision, and that I will be required to ~ ~
register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under '
Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I
be charged with a violation of my community supervision and be arrested in another state, I have the right to require the .
issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,‘ '
and e right to apply for _a writ of habeas corpus to contest my arrest and return to this State.
-[ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right
to contest my return to the State of Texas from any jurisdiction where Imay be found. I understand and agree that such `
wai r is irrevocable
[ ] I understand that I have a right to appeal to the Court of Appeals If the trial court follows the terms of the State’ s
l recommendation as to sentencing, then, after consulting with my attomey, l do expressly, voluntarily, loiowingly, and
intelligently give up andwaive my right to any appeal.
lDEFENDANT’S PLEA TO ENHANCEl\/[ENT PARAGRAPH(S) (Applicable only if box is checked) _
I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are _
c ntained in the charging instrument, and judicially confess that I am the same person who was previously duly and : ~
legally convicted of the offense(s) alleged therein '
SIGNATURES AND ACKNOWLEDGMENTS
I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand,
all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
knowingly, freely, and voluntarily made with full understa of the consequences I request that the Court accept '
all my waivers, statements, agreements, and my pl/ea.
0 of - " 5> \-#' '
Date /fendant§ MMJ
Printed Name: _ ._l/A CV..l 0 l")
I have consulted with the defendant, whom I believe to be competent,' concerning the plea in this case and have '
advised the defendant of his/her rights. I approve 'and agree to all waivers, statements, and agreements of the defendant =
herein and ask the Court to accept them and the defendant’s plea. '
, 0 O( .
D` te Attomey_for Defendaiit t , . _
Printed Name: g (/C» C/°)<
StateBar# . D"(qlrél*(£lq'
As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations
in this instrument
k ll [2@ liu/-l
Date
Assistant District At;'o _ ~ v
Printed Name: C@;l;"€§ ("£-\
State Bar# <§L£DL/ /&7 17
It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the
defendant understands the nature and consequences of the charge, and a the parties/have c nsented to and approved '
gfeeme s, and plea to have been
Date » 11 _ ' Judge .
cH'
DEFENDANT Jackson, Raul David B M 06061969 CHARGE DEL CS 4G/2ND
AKA:
ADDRESS t LOCATION [!SQ
FILING AGENCYI`XDPDOOOO DATE FILED August 25, 2005 COURT JDCl95
coMPLAiNANr McKinney, v ` ` F-0556279 vr#:
C/C
THE STATE OF TEXAS CAUSE NO. F-0556279
VS.
` l95TH JUDICIAL DISTRICT COURT
Jackson, Raul David l DALLAS COUNTY, TEXAS
JUDICIAL CONFESSION
Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of
the evidence in this case and in so doing expressly waives the appearance, connontation and cross-examination
of witnesses I further consent to the introduction of this Judicial Confession, and testimony orally, by
affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived
my F ederal and State constitutional right against self-incrimination, and after having been sworn, upon
oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
correct and constitute the evidence in this case:
On the 5 th day of luly A.D., 2005 , in Dallas County, Texas, Idid unlawfully,
unlawfully and knowingly deliver, to~ wit: actually transfer, constructively transfer and offer to sell a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
10TH day of NOVEMBER 1989, A. D., in Cause Number F89-A4573- S on the docket of 282ND JUDICIAL
DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said
conviction was a final conviction,
l further judicially confess that I committed the offense with which l stand charged exactly as alleged in the v
indictment in this ,cause.
three @/Lni
Attordll for D fendant )\ 3 Defendan
swoRN To AND sUBsciuBED before me on the g L> day of /\/ W ,20 0 5
APPROVED BY: JiM HAMLIN, cLERK
Disriucr couRrs oi=
DALLAS TY, rExAs
By
Assistant District Attorney . " Dep
Defendant' s agreement t_o stipulate and waiver of confrontation and cross- -examiati
approved by the Court. 'l`he above Judicial Confession is hereby approved by the ou .
/”'/A‘
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mmon Om.m_mzmm Pm GEQMU HZ Hmm. HZUHGEZ.H\~.®\NZU
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vs. _ 16 ( § march Coun'r
' \/l?A- ct£§<>/\)[, a ~/ ’ § DALLAS CoUN'rY, TEXAS
'I`RIAL COURT’S CERTIFI.CATION OF DEFENDANT’S RlGHT OF APP-EAL*
I, judge of the trial court, certify this criminal case:
El is not a plea-bargain case, and the defendanthas the right of appeal, [or]
|:l
is a plea-bargain case, bttt matters were raised by written motion filed and ruled on
before trial, and not withdrawn or waived, a.nd the defendant has the right of
appeal, [or]
is a plea-bargain case, but the trial court has given permission to appeal, and the
L:l
defendant has the right of appeal, [or] _ v
C£L is a-bargain c¢` , and the defendant has NO right of appeal, [or]
l:l
the d fendant l
jaa
\ t ived the right ofappeal."
juvdge """Date Signed
l have received a COpy oftl'tis certii'ication: (P ' _
Defendant (if not represented by counsel) Defendant"s Condsel '
Mailing Address: State Bar No.: D%‘$l §CWt/‘l`
Mailinf' Address: - ' ' - -
'l`el€bhone ill ' 0 {L{m E(mq{:§g€/O
F;L\; # (i[~`guy) 4 ` Telephone #: ©5€( /5(5, ?’rb‘z~
rax#(irany): 2 (¢( 110 ~~?l/t
*A defendant in a criminal case has the right ofappeal under these rules. The trial court shall enter
a certification of the defendant’s right to appeal in every case in which itenters ajudgment ofguilt
or other appealable order. ln a plea bargain case ---- that is, a case in which a defendant’s plea was
guilty or nolo Contenderc and the punishment did not exceed the punishment recommended by the
prosecutor and agreed to by the defendant ---~ a defendant may appeal only: (A) those matters that
were raised by written motion filed and ruled on before trial, or (B) after getting the trial court’s
. permission to appeal TEXAS RULE OF APPELLATE PROCED!,.|`RE '_`S.Z(a)(.'l).
‘ IN CR]MINAL DTSTRICT COURT 4
`5 _ - DALLAS COUNTY, TEXAS ' '~ w» - -SEQ-'OOO7
906'0'-\
uMan-w»nkkaolq: )A ~ »
TIME 142514
:q
_m OFFENSE~DEL CS 4G
" REDUCED CHARGE
\`"° L)ISPGSED BY PGBC
|7 '
‘°_ ...Q\-‘N:.r¢\~‘wf.‘“'..
DISTRICT CLE ' _ 1 _ RELEASE INEORMAEION
DALLAS COUNTY, 1 AS ] REMARKS
DALLAS coUNTY, TEXAS ' sEQ 0003 j
ux_n: wm ~¢u l.J.».u.a a.v v.._¢
’ REnucEn cHARGE
w`.q...
SEN`I`ENCE
uo BE coRREcTLY sw
A AGREEMEN'J.‘-|)EF']' SE'J' ‘]‘0 GO BACK ‘]'O COUR']' ON A FUTURE DATE
N'L‘ENCED~ DT.SREGARD SEN'[‘ENCE~ SF!N'l‘ENCED I.N F‘RROR 'C'HANK YOU
lJJ. l.L».|. klinth j .
DALLAS COUN'I.'Y, TEXAS ' ] REMARKS ] '
j l
L<
/'~\-
JUDGMENT -
CERTIFICATE OF THUMBPRINT
CAUSE No. /:U§'“J/é}7?~
THE sTATE oF TExAs l IN THE
vs. ' DISTRICT cotm'.r ’7 j
,` y . .
lA/Wl/ \//%'g§§/U DALLAS coUN'rY, TExAs
RIGHT THUMB* ' Defendant's _;fj:__hand
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE-
NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION
OF THE ABOVE STYLED AND NUMBERED CAUSE. »
DONE` IN coURT THIS /3 DAY oF /Y'é`z?'//'/i»€<’ , .20 05 .
May .'"’¢/»>7 _
BAILIFF/DEPUTY SHERIFF
*Indicate here if print other than defendant’s right thumbprint
is placed in box:
left thumbprint left/right index finger
other,
_,_,-`~
_(Q»Q/ /33
MOT;EON TO DISMISS PROSECUTION Form 183`
THE STATE 0F TEXAS,
No. JF05-56279-K vs. 3 § IN THE CliNAL
§ DISTRICT COURT FOUR
§ OF DALLAS COUNTY, TEXAS-
RAUL DAVID JACKSON § APRIL TERM, A.D., 2006
DEL CS 4G
Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
cause, for the following reasons, to-Wit:
The above case has been reindicted as Cause Number FO6-00453-K.
WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.
»» 1 ted bn Moiio;n 0111'_1§1.'£1{1¥_. -
. :zw~
1a /741¢
EXHIBIT 4
EXHIBIT 4'
F-0557397
CAUSE NO.
EXHIBIT 4
,\
,/ /"'\,
MT
DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 4G/2ND
AKA:
ADDREss l LOCATION WBII
FxLING AGENCY TXDPDOOOO DATE FILED §p_rember 23, 2005 coURT CDC3
coMPLAINANT McKinney, V F-0557397 vT#=
C/c
TRUE BILL INDICTMENT
IN. THE NAl\AE AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
Dallas County, State of Texas, duly organized at the October Term, A.D., 2005 of the ?
Criminal District Court 3 , Dallas County, in said Court at said
'l`erm, do present that one JACKSON, RAUL , Defendant, :
On or about the 20 th day of June A.D., 2005 1 in the County of Dallas and said State, did ii
unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of 4 grams or more but less than 200 grams to V. MCKlNNEY,
And it is further presented to said Court that prior to the commission of the aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on
the 10TH day ofNOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND `
JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID j
JACKSON and said conviction was a final conviction,
against the'peace and»dignity of the State.
' n Bm Hin @ /%%%(/
- . . ..`. . . . M\,n,, n- _____ 'r~ ..... inman nf`thp Grand lnrv
c
ca':i`i..No. F O$/` §;/? ‘7?'_ N
sTA_*rE oF TEXAS ' _ - §_ m THE. § n ,_MC L('
__€(_\\ZSLZ£ DN _Z___ 1 § _ DIsTiti`d`*li...Cd;tH:tfli »
lt \J _ § _ . _.DALLAS COUNTY, TEXAS
2005 DEC l 2 Ai'i ll= 51r
PLEA AGREEIV[ENT'
_ - ~..»`__l _f_'j`j ;‘ `r._i_zl l,..l i`»l ‘
To THE HoNoRABLE JUDGE or sAID COURT: . 9 m f *..*i’ itt C'.L,.Efii'i ' :
- The defendant herein and the attorneys for both the defendant and the §i'aféuv?'a{iv"e ’a,jii.rgy'£¢i§'al and make the §
following agreement: . ’ ' ' …" " ' fit ' l §
__Defendant’s plea: [ uilty _ [ ] Nolo contendere .
[ ]_.Defendant will testify. [ Defendant will NOT testify.
Plea to enhancement paragraph(s): [ rue _ [ ] Not true 2
Type of plea: [ Plea bargain ` [ ] Open plea . i'
Fp]elé):tl_: to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitution_ ' l
. er: ‘
State’s recommendation:
Agr d sentence: ' '
[ Confrnement in Q)enitentia)y)(…ail) for /\§/ (years) (mantks)-(da;wy\:
[ ] Post-conviction community supervision, confinement probated for (years) (r_nonths) (days).
[ ] eferred community slg_pervision for (years) (months) (days). ’
[_ Fine of$ § QC\Q ' ' . [ ]To be paid. [.']To beprobated.
[' ] Boot Camp Shock Probation [ ] Substance Abuse Felony Program ' _
[ '] Judicial Drug Treatment Center [ ] CENIKOR [ ]Dal_las County Jail Chemical Dependency Program
[ _ ] Restitution in the amount of $ . . [ ] Back-time NOT included.
[ ] Back-time included - ‘ .
[ ] efendant will sign waiver of extradition, ' [ ] Defendant knowingly and voluntarily waives appeal,
[" Other: /L-/( §c~r/'Mg rfc /w)-' CeuO~/Mu»/#;r /, [',w,¢(/f Fe»\ M/ brocker
1 [ ] CHANGE OF NAl\/[E (Applicable only if box is checked)
The defendant having suggested that his/her true name is other than that set forth in the charging instrument '_
and having moved that the charging instrument and all other documents in this cause be amended to show his/her true
name_to be » y v , said motion is hereby granted. It is so ordered. '
- . COURT’S ADMONITIONS TO DEFENDANT
You charged with the offense of: . D( § q 6
The unishment range for the offense charged is: 'J
[ ' l"" Degree Felony,i$ - 99 years or Life and-an optional fine not to exceed $_10,000.00.
[ '] 2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00.
[ ] v3“1 Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $10,000.00.
[ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.
You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call l
witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. ~'l`he prosecuting
attomey’s recommendation as to punishment is not binding on the Court.` You will be permitted to withdraw your plea i
' if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that §
which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the
appeal or the matters appealed were-raised by written motion filed and ruled on before the plea. If you enter a plea of
guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range
allowed by law. Ifyou are not"a citizen ofthe United States, a plea of guilty or nolo contendere may,‘ and under current '
Federal lmmigration rules is_almosr_‘ certain to, result in your deportation, exclusion from admission to the United States,
or denial of naturalization If you`have a court-appointed attomey, you have a right to ten days from the date of the
attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and,
unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being
arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and
subjected to a hearing-limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no
appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings,
including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, ;,
then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex .5
Offenders, which is'incorporated by reference and attached hereto.] "
4 _ DEFENDANT’S STATEMENTS AND WAIVERS
With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the
hr.,.m.'...,. .'" ¢M.mp"+ md gm mentallv competent I understand the nature of the accusation made against me, the range
l
Ihereby waive my right to b" led on an indictment returned by a grand 4_"; any and all defects, errors,` or
,irregularities, whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain
silent. l waive arraignment and reading of the charging instrument; the appearance, coniiontation, and crosséexamination_
of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);
and.the preparation of a pre-sentence report. 'I condent to the oral or written stipulation of evidence or testimony, to the _
introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence.
I admit and judicially confess that I committed the offense of DC § vi a " 20 O¢i on
62 0 °Sf exactly as alleged in the charging instrument I affirm that my plea and judicial confession are freely;d/
voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole. -
_ I understand the admonitions regarding unadjudicated community supervision, and that I will be required to -
register as a sex offender if convicted of , or placed n community supervision for, one of the offenses enumerated under ‘ '
Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I
be charged with a violation of my community superivision and be arrested in another state, I have the right to require the .
issuance and service cfa warrant of extradition, the fright to hire legal counsel, or, if indigent, to have counsel appointed,'
and ' e right to apply for a writ of habeas corpus to contest my arrest and return to this State.
[ I voluntarily and knowingly waive my nghis under the Extradition Act, waive extradition, and waive my right
v to contest my return to the State of Texas from any jurisdictionwhere I may be found. I understand and agree that such *_
wai r is irrevocable. i
[ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’s
intellige tly give up and_waive my right to any app:eal.
DEFENDANT’S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)
SIGNATURES iAND ACKNOWLEDGMENTS _
‘l, the defendant herein, acknowledge that iiny attorney has explained to me, and I have read and l understand,
all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are
knowingly, freely, and voluntarily made with full anderst
all my waivers, statements, agreements, and my plea.
[' 0 05`.' M/L/
Date >&efendant j " - ' _ `
Printed Name: /Kt o f j/fl C LFO /J
legally convicted of the offense(s) alleged therein.
I have consulted with the defendant, whonii Ibelieve to be competent,l concerning the plea in this case and have '
advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant -
herein and ask the Court to accept them and the dcfendant’s plea ' '
`{/Kjozo§_ 1 ! ' /{/(»( M-
Date Attomey _for Defendant § C(_ _
Printed Name: ' l (,{, ‘ )(
State Bar # _ 6 WQ.§`CM q 1
. _ _ x
As attorney for the State, Ihereby consenti to and approve the requests, waivers, agreements, and stipulations
in this instrument f 4 .
-/r [3<>[61‘
Date
1 / / l .
Assisrénci)isrricm%' ' :~W§,
_ Printed Name: _' q 1 " QK
State Bar# 615/57 §L/ L// ;
l l
It appearing to the Court that the defend!ant is mentally competent and is represented by counsel, that the
defendant understands the nature and consequencesi of the charge, and that all the parties have consented to and approved 2
lea to have been
1 knowingly, freely, and voluntarily made, approveslthe waivers and a
the stipulation of testimony, and approves the change of name con
. Date_._._. _ _ : J(l/dge _ D\
recommendation as to sentencing, then, after consulting with my attomey, l do expressly, voluntarily, lmowingly, and _.
__ I, the defendant, plead true to the (second)i (third), (second and third) enhancement paragraph(s) which is/are n _
ontained in the charging instrument, and judicialiy confess that l am the same person who was previously duly and _ ~
g of the con, ences. I request that the Court accept `
d/
plea, approves -
M'I`
DEFENDANT JaCkSOIl, Raul B M 06061969 CHARGE DEL CS 4G/2ND
AKA: `
AD])RESS LOCATION § [BII
FILING AcENcYTXDPDoooo DATE FiLED september 23, 2005 coURT CDC3
coMPLAiNANT MeKinney, v - » 'F-0557397 vr#= i.
c/c ' ' il
THE srATE oF rEXAs cAUsE No. r-05573 97
vs.
' cRiMiNAL DisrRicr coURr 3
Jackson, Raul _ DALLAS COUNTY, TEXAS
JUDICIAL CONFESSION
Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of
the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination
of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by
affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived
my Federal and State constitutional right against self-incrimination, and after having been sworn, upon
oath, I judicially confess to the following facts and agree and stipulate that these facts are true and
correct and constitute the evidence in this case:
On the 20 th day of June A.D., 2005 , in Dallas County, Texas, I did unlawfully,
unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell/a
controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or
dilutants, of 4 grams or more but less than 200 grams to V. MCKlNNEY,
And it is further presented to said Court that prior to the commission ofthe aforesaid offense, the said
defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the
10TH day ofNOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL
DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said
conviction was a final conviction,-
I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the
indictment in this cause.
/\
Atto>nQAO/rDeAdant ‘/\ Defyxéant
go dayef N"‘"’- ,20 Ay_
SWORN TO AND SUBSCRIBED before me on the
APPR E
APPROVED BY: ' JiM HAMLIN, cLERK
DISTRICT COURTS OF `
By /
0 . . . . .V _
Assistant District Attorney Deputy District Cl:r£_,,
Defendant's agreement to stipulate and waiver of confrontation and cross-examiatio
approved by the Court. The above Judicial Confession is hereby approved by th
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ors§a§r;l
THE s'rATE or TEXAS § 1N THE C@C q
vs. . _ 1 § misrch COURT
F/:§rCl/C§O/\//, £fivi § DALLAS CoUN'rY, TEXAS
'l`RlAL COURT’S CERTIFI.CATION OF DEFENDANT’S RlGHT OF APPEAL*
I, judge of the trial court certify this criminal case:
g is not a plea-bargain case, and the defenc`lant`has the right of appeal, [or]
El
is a plea-bargain case, but matters were raised by written motion filed and ruled on
before trial, and not withdrawn or waived, and the defendant has the right of-
appea|, [or]
ij is a plea-bargain case, but_the trial court has given permission to appeal, and the
defendant has the right of appeal, [or]
Y<_ is a plea-bargain case, and tl e defendant has NO right of appeal, [or]
Judge l L-/ \ `Date Signed
fig/a @L- d
Deleiidailt_(it` not represented by counsel) Defendaht’s Counle
l\'lailing Address: State Bar No.: 9 {/[Hfz ({¢/’;Z
- ' Mailing Address'
'felephone il: _ / q()/ g//l/L 7€#.?§/0
F€.'# "f¢ ' 4 Tl h #: _ . `
l\ 0 'm)) F:xeil) (_i)f]:ny): Dd//A“i 772 %/ML
l W/ 120 ~»?///
"‘A defendant in a criminal case has the right ofappea| under these rules. The trial court shall enter
a certification ofthe defendant’s right to appeal in every case in which it enters ajudgment ofguilt
or other appealable order_ ln a plea bargain case ---- that is, a case in which a defendant’s plea was
guilty or nolo contendere and the punishment did not exceed the punishment recommended by the `
prosecutor and agreed to by the defendant ---- a defendant may appeal only: (A) those matters that
were raised by written motion l'i|ed‘and ruled on before trial, or (B) after getting the trial court’s
~ permission to appeal TEXAS RULE OF APPELLATE- PROCEDI__!`RE 25.2(a)(2)_
l have received a copy of this certification:
]N C§]M]NAL D]SURTCT COURT 41'
DALLAS COUNTY, TEXAS 'VSEQ~VOO@S"‘“
OFFENSE DEL CS 46 1TIME'141844
REDUCED CHARGE
DISPOSED BY PGBC'
q 5 'U_\ '-£ `(a hi - 0 <0 m `| ca w - w ¢v _ v
REMARK§ 120605~DEF§ » » . »~. ' NY-AND~ALL wABRAN§s~derHIschSE=qN¢._§
- vIsTRIC§ cLERK , 1 § ,. -; ... '-».- > RELEASE”INFGRMATION-
DALLAS couNTY, TEXAS . 1 - '-REMARKS ' " -
*.. ‘-,R§M§NMA)§ .» 'z~ ~ g
DALLAS coUN'c'Y, TEXAS ' SEQ 0004` §
l
mmawr¢.‘
»»~ REDUC El) CHARGE
SE N‘l‘ENC.E
, ll __ ED AN(./.
~ N ']' H] 3 DE' F']'_I)EFT SET ']' O GC) BACK '] 0 COURT ON_ A FU']"URE l;A'.l' E ']' O BE CORREC']‘L Y
N'PENCED*‘ **P];EASE D[b REGARD SI;LNTEN("E _
L l a }\
DALLAS COUN"['Y, '.[‘EXAS ] REMARK.S
]
. JUDGMENT' »
cERTIFIcATE oF THUMBPRINT
cAUSE NO, -v/-’aj».- 573 97 .
THE sTATE oF TExAs 4 IN THE
vs. ' DIsTRicT coURT _f:;i:__e____`
/€ML \/AL,@/§d 41 j DALLAS comm, TEXAS
Defendant's __fj:z_hand
THIS Is To cERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE-
_NAMED DEFENDANT'$ FINGERPRINTS TAKEN AT THE TIME oF DISPosITIoN
oF THE ABovE sTYLED AND NUMBERED cAUsE.
DONE IN coURT THIS ’3’ DAY oF z%§é¢wv$@@€, , 20461§§.
M%Ӥ/?Y
BAILfFF/DEPUTY SHERIFF
RIGHT THUMB*
¥Indicate here if print other than defendant's right thumbprint
is placed in box: »
left thumbprint left/right index finger
other,
MOT£ON 'I`O DISMISS PROSECUTI\,.1 Form 183 . - ~ l (Q© ( / 57
THE STATE OF TEXAS,
NO. F05-57397-K VS. IN THE CRIMINAL
DISTRICT COURT FOUR
OF DALLAS COUNTY, TExAs
COOWJW>CO’.>CU>@WJ
RAUL DAVID JACKSON
ArmL TERM, A.D., 2006
DEL CS 4G
Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered
cause, for the following reasons, to-wit: -
The above case has been reindicted as Cause Number F06-00450-K.
WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.
Mea en Mouon~ of nasa my. , . ~ WM , . " sss nash pp
l
s
§ .
95 =€ Hd Z- A‘S'§%‘§UUZ
EXHIBIT 5
DEADLY wEAPoN ALLEGATION
EXHIBIT 5
EXHIBIT 5
' frle _sTAT_"E__ol¢? TEXAS`_ lN THE chMlNAL
_ __ g __ _DIs_TRlcT`co`URT FoUR or
` -'*RAUL llAle lAcKsoN DALLAS coUNTY, TEXAS
NOTICE OF THE STATE’ S SP_ECIAL PLEA OF
USE OR EXHIBITION OF A DEADLY WEAPON
COMES NO_W THE STATE OF TEXAS by and through her Crirninal District Attomey
j giving the defendant _the following notice of the State’ s intention to submit a special plea m this
» vcall-_S,e:_#,' v il `\' l
" The State intends to seek a deadly Weapon finding pursuant to TEX. CODE CRIM.
.._’
1 PROC. ANN. art. 42. 12 § 3 g(a)(2) The evidence will show that the defendant used or exhibited
y a deadly weapon, to- wit: a FIREARM during the conimission of said offense or during
4- immediate 4fllght thereforrn. " '
.,_'l`_he State Would show that said special plea does-not charge the defendant With- an
additional or different offense, nor does it prejudice the substantial rights of the defendant,
Respectful_ly subrnitted,
I