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^>' Cause No. 1465862-A
)th
EX PARTE § IN THE 228m DISTRICT COURT
§ OF
LESLIE FOSTER,
Applicant § HARRIS COUNTY, TEX AS
STATE'S ORIGINAL ANSWER
The State of Texas, through its Assistant District Attorney for Harris
County, files this, its original answer in the above^captioned cause, having been
served with an application for writ of habeas corpus pursuant to Tex. Crim. Proc.
Code Ann. art. 11.07 § 3 (West 2013), and would show the following:
I.
The applicant is charged pursuant to the complaint of the 228th District Court
of Harris County, Texas, in cause number 1465862 (the primary case), where on
April 24,2015, the applicant was charged for the felony offenseof theft.
The applicant filed the instant application for writ of habeas corpus, cause
number 1465862-A, on June 23,2015.
n.
The State denies the factual allegations made in the instant application,
except those supported by official court records, and offers the following
additional reply:
The applicant fails to invoke the proper jurisdiction of Article 11.07 for the
instant application. Article 11.07 establishes procedures for challenging final
felony convictions (other than where the death penalty is imposed) by writ of
habeas corpus. Tex. Crim. Proc. Code art. 11.07, § 3 (West 2013). In the
primary case the applicant has been charged for the felony offense of theft, but has
not been convicted. Since the applicant has not received a final felony conviction
in the primary case, the applicant cannot invoke the jurisdiction of Article 11.07.
Accordingly, the instant habeas application, cause number 1465862-A, should
be dismissed.
in.
The applicant raises questions of law and fact, which can be resolved by the
Court of Criminal Appeals upon review of official court records and without need
for an evidentiary hearing.
rv.
Service has been accomplished by sending a copy of the State's Original
Answer and the State's Proposed Findings of Fact, Conclusions of Law and Order to
the following address:
Leslie Foster
SPN #00994213 - Harris County Jail
1200 Baker Street
Houston, Texas 77002
SIGNED this 16th day ofJuly, 2015.
Respectfjilly submitted^
Baldwin (Unm
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713)755-6657
Texas Bar I.D. #00783823
Prepared by:
Joshua Vincent - Intern
Certificate of Compliance as Required by Tex. R. App. 73.1(f)
The State of Texas, through its Assistant District Attorney for Harris County,
files this, its Certificate of Compliance in the above-captioned cause, having been
served with an application for writ of habeas corpus pursuant to Tex. Crim. Proc.
Code art. 11.07 § 3. The State certifies that the number of words in the State's
Answer is 438.
Cause No. 1465862-A
EX PARTE § IN THE 228th DISTRICT COURT
§ OF
LESLIE FOSTER,
Applicant § HARRIS COUNTY, T E X A S
STATE'S PROPOSED FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
The Courthas considered the application for writ of habeas corpus, the State's
answer, and official court records in the above-captioned cause. The Court finds
that there are no controverted, previously unresolved facts material to the legality of
the applicant's confinement which require an evidentiary hearing and recommends
that the instant habeas application, cause number 1465862-A, be dismissed because
the applicant has not received a final felony conviction in the primary case, and
therefore cannot invoke the properjurisdictionofArticle 11.07.
THE CLERK IS ORDERED to prepare a transcript of all papers in cause
number 1465862-A and transmit same to the Court of Criminal Appeals as provided
by Tex. Crim. Proc. Code Ann. art. 11.07 (West 2013). The transcript shall
include certified copies of the following documents:
1. The application for writ of habeas corpus;
2. The State's answer;
3. The Court's order;
4. The complaint and docket sheets in cause number 1465862;
5. The Court's Findings ofFact and Conclusions of Law; and
6. The State's and Applicant's Proposed Findings of Fact and Conclusions of
Law (if any).
THE CLERK is further ORDERED to send a copy of this order to the applicant
Leslie Foster, SPN #00994213 - Harris County Jail, 1200 Baker Street, Houston,
Texas 77002; and to counsel for the State, Baldwin Chin, 1201 Franklin, Suite 600,
Houston, Texas 77002.
By the following signature,the Court adopts the State's Proposed Findings of
Fact, Conclusions of Law and Order in Cause No. 1465862-A.
Signed on this day of ___ , 2015.
JUDGE PRESIDING, 228th DISTRICT COURT
HARRIS COUNTY, TEXAS
Cause No. 1465862-A
EXPARTE § INTHE 228th DISTRICT COURT
§ OF
LESLIE FOSTER,
Applicant § HARRIS COUNTY, TEXAS
CERTIFICATE OF SERVICE
The undersigned counsel certifies that I have served a copy of the State's
Proposed Findings of Fact, Conclusions of Law, and Order in cause number
1465862-A to the applicant on July 16,2015, by mail as follows:
Leslie Foster
SPN #00994213 - Harris County Jail
1200 Baker Street
Houston, Texas 77002
B^aldwinChin'
Lssistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002
(713)755-6657
(713)755-5240
Texas Bar I.D. #00783823
Prepared by:
Joshua Vincent - Intern
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RECEIVED
Houston, Texas 77002 FIRST COURT OF APPEALS
HOUSTON, TEXAS •
AUG 07 2015
CHRISTOPHL*• h(