/ Q, //w;
TO: Court of Criminal AppeSalS Abel AcoSta4Clerk P.O.Box 12308 Capitol Station AuStin/Texas 78711
FROM: male Richard Adams #1653939 ' ' RECE|VED|N 2661 FM 2054 coffield unit CQURTOFCRlMlNALAPPEALS
TenneSSee Colony, Texas 75884 NUV 19 2015
RE: Enclosure
Abel Acosta, C|erk
Dear Court of Criminal Appeals: Please find enclosed an original copy of the Application
for Writ of Double Jeopardy to be filed in your office. Thank
you for your time and GOD BLESS.
Cordially
/;¢52//@¢%/"
Dale Richard AdamS #1653939
EXPARTE § IN THE CoURT oF CRIMINAL DALE:RICHARD ADAMS § _ APPEALS FOR THE APPLICANT § STATE oF TEXAS
FACTS IN SUPPORT OF THE APPLICATION
FOR WRIT OF DOUBLE JEOPARDY
RECE|VED IN COURT OF CR|M|NAL APPEALS
NUV 19 2015
Abe| Acosta, C|erk,
FACTS IN SUPPORT OF THE APPLICATION FOR
WRIT OF DOUBLE JEOPARDY
GROUND lt DOUBLE JEOPARDY
FACTS SUPPORTING GROUND l:
l.In the 2nd Judicial District Court of Cherokee
County/ Tean, on July 1-2010, Judge Dwight L.Phifer in case #17661 Convicted Applicant in the Plea Bargain of Indecency
with a child. Exhibit (A).
2-In the 2nd Judicial DiStric Court of Cherokee Count, Tean/ on July 1-2010, Judge Dwight L.Phifer in case #17661 Convicted Applicant of a higher level offense of
Aggrivated Sexual Assault of a Child.EExhibit (B).
3.In the 2nd Judicial DiStrict Court of Cherokee County/ Tean, on July l-ZOlO, Judge Dwight L. Phifer in aep NUnc Pro Tunc Convicted Applicant of Indecency with a child. Exhinit (C).
4. Arrest of Judgement. Exhibit (D).
(SEE ALSO MEMORANDUM OF LAW SUPPORTING GROUND ONE)
Writ No..
EXPARTE § IN THE COURT OF CRIMINAL DALE RICHARD ADAMS § APPEALS FOR THE APPLICANT § STATE OF TEXAS
MEMORANDUM OF LAW IN SUPPORT OF THE
APPLICATION FOR WRIT OF DOUBLE JEOPARDY
MEMORANDUM OF LAW IN SUPPORT
OF THE APPLICATION FOR
GROUND l: DOUBLE JEOPARDY
THE ARGUMENT
In Bench trials, Jeopardy attaches when both sides announce ready and the defendant pleads to the indictment.
The Double Jeopardy Cause"QQ§§" prevent retrial under the following circumstances;
l. A conviction of a lesser included offense"PREVENTS/(to keep from occuring.)“,the PROSECUTION,(to conduct legal proceedings against-)"of a higher level offense. The reverse is also true. Example; Prior Conviction of the main offense prohibits the prosecution of a lesser included offense.See Exparte Jefferson/
681 S.W.Zd 33 (Tex Crim App 1984).
In the 2nd Judicial District Court of Cherokee County,Texas/on July l-ZOlO,Judge Dwight L.Phifer in case #17661 Convicted Applicant in the Plea Bargain of a lesser included offense of Indecency with a child. Exhibit (A).
Also in the 2nd Judicial District Court of Cherokee County, Texas, on July 1-2010 Dwight L.Phifer in case #17661 Convicted Applicant of a higher level offense of Aggrivated Sexual Assault of Child. Exhibit (B).
Double Jeopardy objections are not waived simply because the issue was not raised earlier on appropriate occassions.Objections can be raised at any time.A guilty plea does not bar relief from Double
Jeopardy Violations.Exparte Fortune,797 S.W.Zd 929(TexCrimApp 1990).
The Fifth Amendment of the United States Constitution prohibits a person from being subject to Two Trials,( the HEARING and DECIDING
OF A CASE IN A Court of Law.),for the same offense.
In the 2nd Judicial District Court of Cherokee County,Texas/
on November 23-20110, Judge Dwight L. Phifer Granted a Nunc Pro
Tunc Convicting Applicant of Indecency with a child.Exhibit (C).
By the Court using the Nunc Pro Tunc,(a proceeding in a
criminal case), after the courts Arrest of Judgment,Exhibit (D),
put Applicant in Jeopardy of Two Trials. Because the Applicants Arrest of Judgment in Plea Bargain. Then by Order Granting Nunc Pro Tunc(a proceeding in a criminal case) the Court HEARD and DECIDED,(TRIAL), to Grant the Nunc Pro Tunc. Subjecting Applicant to a second Trial; Convicting Applicant of Indecency with a child.
The same offense of Conviction in Plea Bergain. § S.UM:MIA:R;§@/~
Byvthe Court Convicting Applicant in Plea Bargain of Indecency with a child,(a lesser included offense) and then a Conviction of Aggrivate Sexual Assault of a Child,(a higher level offense), and the Court Granting the Nunc Pro Tunc after the Courts Arrest of Judgment of Plea Bargain did put Applicant in a second Trial/ (HEARING and DECIDING of a Case in a Court of Law). The Facts in above application will show that the Applicant was put in
Double Jeopardy, not once but twice!
INMATE ' S DECLARATION
I, Dale Richard Adams, am the applicant and being presently
incarcerated in IDCJ Coffield Unit,=declare under penalty of
perjury that, according to my belief,the facts stated in themabove
application are true and correct.
PRAYER
Comes now, Dale Richard Adams, in Application above and
Prays the Court will Grant the Writ of Double Jeopardy and the relief to which he may be entitled in this Application.
GOD BLESS EVERYONE AND THEIR FAMLIES !
EXhibit A
/`\
\ _ /A,_(
CAUSE NO. 17661 COUNT I
TRN# 9182797293 A001 THE STATE OF TEXAS § IN_ THE SECONI) JUDICIAL vS. . ` § DISTRICT COURT oF
DALE RICHARD ADAMS § ' CHEROKEE COUNTY, TEXAS SID# 07792187 .
PLEA BARGAIN' AGREEMENT AND DEFENDANT’S WAIVER AND STATEMENTS
oFFENSE CHARGED IN INDICTMENT= COUNT I= AGGMMXML A§sAUL:ileF-emw m gee E,\/Q\( gym A_ @N/¢,_>
oFFENSE COUNT I§ _ y
~ Jail _Enhancement
_‘§§_First Degree 58
FINE TN THE AMO
i
PAYABLE AT TIME oF PLEA __ PAYABLE As A cGNDITloN oF PROBATION `
CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR TWEN'I`Y (20) YEARS.
CONFINEMENT IN A STATE IAIL FACILITY FOR
PROBATION OF THE ABOVE CONFINEMENT FOR YEARS
DEFERRED ADJUDICATION PROBATION FOR YEARS
RESTITUTION IN THE AMOUNT OF $» PAYABLE AS FOLLOWSZ "
ATTORNEY FEES OF $ . PAID TC CHEROKEE COUNTY
DISMISSAL OFZ ~O- ’» f “ P"` “§>»M
\§1/ \ SIGNED this the day Of _M,Q)/| _' , 4 l
' coUNSEL FGWENDANT
py//Q/ AW
DEFENDANT M>
° CbUN§EL F“OR STATE
@)_/ JUD PRgS/II)ING
}, __ LERs< fxsTf'CT couRT cgERo EE co NTY, ~rE)
y Exhibit B
CAUSE NO. 17661 COUNTI ‘ TRN¢ 9182797293 A001
IN TH_E sECOND JUDICIAL
_`THE STATE OF TEXAS § .. v § DISTRICT COURT oF ` DALE RICHARD ADAMS § CHEROKEE COUNTY, TEXAS S'FATE ID No.; TXO7792187 § JUDGMENT oF CONVICTIGN BY COURT+WAIVER oF JURY TRIAL 111de Presidiug; 4 HON. DWIGHT L. PHIFER ED:§:I‘;§§*€’“€“¢ 7/1/2010 Attom@y for state RACHEL L. PATTON §;§:;‘§§nf‘jl` - ToNDA L. CURRY
Offense for Which Defendant Convicted: ,COUNT I: AGGRAVATED SEXUAL ASSAULT OF CHILD
Charging lnstrument; Statute for Offense; l INDICTMENT 1 . 22.021(3) (2) (B) Penal 0on Date of Off`ense: ' ~ ~
6/15/2()07
Findings on Deadlv Weapon:
Degree of Oi`i"ense; N/A
lST DEGREE FELONY
lel_f!ls_@f_l”l@_l@ga_m_ §§ ' TWENTY (20) YEARS INSTITU l
Plea to lstEnhancement *` * .` .,,;;; - ~ ' , "` magiaph: N/A" iii ` j ` N/A
`ngs on lSt Enhancenient
‘agraph: N/A; ` ” 1 1 -Date Sentence Imposed: 7/1/2010
P“‘Zish¥“@nt a“_d Place TWENTY YEARS`INSTITUTION l DIvIsIoi\I ' TDCJ of Lonfmement. ' THIS sENTENCE sHALL RUN CONCURRENTLY_.
l:' SENTEN CE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A.
ineF.’ _C(>_ur_t_g)it§ Restitution: Restitution Pavable to: .
Free access — add to your briefcase to read the full text and ask questions with AI
/ Q, //w;
TO: Court of Criminal AppeSalS Abel AcoSta4Clerk P.O.Box 12308 Capitol Station AuStin/Texas 78711
FROM: male Richard Adams #1653939 ' ' RECE|VED|N 2661 FM 2054 coffield unit CQURTOFCRlMlNALAPPEALS
TenneSSee Colony, Texas 75884 NUV 19 2015
RE: Enclosure
Abel Acosta, C|erk
Dear Court of Criminal Appeals: Please find enclosed an original copy of the Application
for Writ of Double Jeopardy to be filed in your office. Thank
you for your time and GOD BLESS.
Cordially
/;¢52//@¢%/"
Dale Richard AdamS #1653939
EXPARTE § IN THE CoURT oF CRIMINAL DALE:RICHARD ADAMS § _ APPEALS FOR THE APPLICANT § STATE oF TEXAS
FACTS IN SUPPORT OF THE APPLICATION
FOR WRIT OF DOUBLE JEOPARDY
RECE|VED IN COURT OF CR|M|NAL APPEALS
NUV 19 2015
Abe| Acosta, C|erk,
FACTS IN SUPPORT OF THE APPLICATION FOR
WRIT OF DOUBLE JEOPARDY
GROUND lt DOUBLE JEOPARDY
FACTS SUPPORTING GROUND l:
l.In the 2nd Judicial District Court of Cherokee
County/ Tean, on July 1-2010, Judge Dwight L.Phifer in case #17661 Convicted Applicant in the Plea Bargain of Indecency
with a child. Exhibit (A).
2-In the 2nd Judicial DiStric Court of Cherokee Count, Tean/ on July 1-2010, Judge Dwight L.Phifer in case #17661 Convicted Applicant of a higher level offense of
Aggrivated Sexual Assault of a Child.EExhibit (B).
3.In the 2nd Judicial DiStrict Court of Cherokee County/ Tean, on July l-ZOlO, Judge Dwight L. Phifer in aep NUnc Pro Tunc Convicted Applicant of Indecency with a child. Exhinit (C).
4. Arrest of Judgement. Exhibit (D).
(SEE ALSO MEMORANDUM OF LAW SUPPORTING GROUND ONE)
Writ No..
EXPARTE § IN THE COURT OF CRIMINAL DALE RICHARD ADAMS § APPEALS FOR THE APPLICANT § STATE OF TEXAS
MEMORANDUM OF LAW IN SUPPORT OF THE
APPLICATION FOR WRIT OF DOUBLE JEOPARDY
MEMORANDUM OF LAW IN SUPPORT
OF THE APPLICATION FOR
GROUND l: DOUBLE JEOPARDY
THE ARGUMENT
In Bench trials, Jeopardy attaches when both sides announce ready and the defendant pleads to the indictment.
The Double Jeopardy Cause"QQ§§" prevent retrial under the following circumstances;
l. A conviction of a lesser included offense"PREVENTS/(to keep from occuring.)“,the PROSECUTION,(to conduct legal proceedings against-)"of a higher level offense. The reverse is also true. Example; Prior Conviction of the main offense prohibits the prosecution of a lesser included offense.See Exparte Jefferson/
681 S.W.Zd 33 (Tex Crim App 1984).
In the 2nd Judicial District Court of Cherokee County,Texas/on July l-ZOlO,Judge Dwight L.Phifer in case #17661 Convicted Applicant in the Plea Bargain of a lesser included offense of Indecency with a child. Exhibit (A).
Also in the 2nd Judicial District Court of Cherokee County, Texas, on July 1-2010 Dwight L.Phifer in case #17661 Convicted Applicant of a higher level offense of Aggrivated Sexual Assault of Child. Exhibit (B).
Double Jeopardy objections are not waived simply because the issue was not raised earlier on appropriate occassions.Objections can be raised at any time.A guilty plea does not bar relief from Double
Jeopardy Violations.Exparte Fortune,797 S.W.Zd 929(TexCrimApp 1990).
The Fifth Amendment of the United States Constitution prohibits a person from being subject to Two Trials,( the HEARING and DECIDING
OF A CASE IN A Court of Law.),for the same offense.
In the 2nd Judicial District Court of Cherokee County,Texas/
on November 23-20110, Judge Dwight L. Phifer Granted a Nunc Pro
Tunc Convicting Applicant of Indecency with a child.Exhibit (C).
By the Court using the Nunc Pro Tunc,(a proceeding in a
criminal case), after the courts Arrest of Judgment,Exhibit (D),
put Applicant in Jeopardy of Two Trials. Because the Applicants Arrest of Judgment in Plea Bargain. Then by Order Granting Nunc Pro Tunc(a proceeding in a criminal case) the Court HEARD and DECIDED,(TRIAL), to Grant the Nunc Pro Tunc. Subjecting Applicant to a second Trial; Convicting Applicant of Indecency with a child.
The same offense of Conviction in Plea Bergain. § S.UM:MIA:R;§@/~
Byvthe Court Convicting Applicant in Plea Bargain of Indecency with a child,(a lesser included offense) and then a Conviction of Aggrivate Sexual Assault of a Child,(a higher level offense), and the Court Granting the Nunc Pro Tunc after the Courts Arrest of Judgment of Plea Bargain did put Applicant in a second Trial/ (HEARING and DECIDING of a Case in a Court of Law). The Facts in above application will show that the Applicant was put in
Double Jeopardy, not once but twice!
INMATE ' S DECLARATION
I, Dale Richard Adams, am the applicant and being presently
incarcerated in IDCJ Coffield Unit,=declare under penalty of
perjury that, according to my belief,the facts stated in themabove
application are true and correct.
PRAYER
Comes now, Dale Richard Adams, in Application above and
Prays the Court will Grant the Writ of Double Jeopardy and the relief to which he may be entitled in this Application.
GOD BLESS EVERYONE AND THEIR FAMLIES !
EXhibit A
/`\
\ _ /A,_(
CAUSE NO. 17661 COUNT I
TRN# 9182797293 A001 THE STATE OF TEXAS § IN_ THE SECONI) JUDICIAL vS. . ` § DISTRICT COURT oF
DALE RICHARD ADAMS § ' CHEROKEE COUNTY, TEXAS SID# 07792187 .
PLEA BARGAIN' AGREEMENT AND DEFENDANT’S WAIVER AND STATEMENTS
oFFENSE CHARGED IN INDICTMENT= COUNT I= AGGMMXML A§sAUL:ileF-emw m gee E,\/Q\( gym A_ @N/¢,_>
oFFENSE COUNT I§ _ y
~ Jail _Enhancement
_‘§§_First Degree 58
FINE TN THE AMO
i
PAYABLE AT TIME oF PLEA __ PAYABLE As A cGNDITloN oF PROBATION `
CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FOR TWEN'I`Y (20) YEARS.
CONFINEMENT IN A STATE IAIL FACILITY FOR
PROBATION OF THE ABOVE CONFINEMENT FOR YEARS
DEFERRED ADJUDICATION PROBATION FOR YEARS
RESTITUTION IN THE AMOUNT OF $» PAYABLE AS FOLLOWSZ "
ATTORNEY FEES OF $ . PAID TC CHEROKEE COUNTY
DISMISSAL OFZ ~O- ’» f “ P"` “§>»M
\§1/ \ SIGNED this the day Of _M,Q)/| _' , 4 l
' coUNSEL FGWENDANT
py//Q/ AW
DEFENDANT M>
° CbUN§EL F“OR STATE
@)_/ JUD PRgS/II)ING
}, __ LERs< fxsTf'CT couRT cgERo EE co NTY, ~rE)
y Exhibit B
CAUSE NO. 17661 COUNTI ‘ TRN¢ 9182797293 A001
IN TH_E sECOND JUDICIAL
_`THE STATE OF TEXAS § .. v § DISTRICT COURT oF ` DALE RICHARD ADAMS § CHEROKEE COUNTY, TEXAS S'FATE ID No.; TXO7792187 § JUDGMENT oF CONVICTIGN BY COURT+WAIVER oF JURY TRIAL 111de Presidiug; 4 HON. DWIGHT L. PHIFER ED:§:I‘;§§*€’“€“¢ 7/1/2010 Attom@y for state RACHEL L. PATTON §;§:;‘§§nf‘jl` - ToNDA L. CURRY
Offense for Which Defendant Convicted: ,COUNT I: AGGRAVATED SEXUAL ASSAULT OF CHILD
Charging lnstrument; Statute for Offense; l INDICTMENT 1 . 22.021(3) (2) (B) Penal 0on Date of Off`ense: ' ~ ~
6/15/2()07
Findings on Deadlv Weapon:
Degree of Oi`i"ense; N/A
lST DEGREE FELONY
lel_f!ls_@f_l”l@_l@ga_m_ §§ ' TWENTY (20) YEARS INSTITU l
Plea to lstEnhancement *` * .` .,,;;; - ~ ' , "` magiaph: N/A" iii ` j ` N/A
`ngs on lSt Enhancenient
‘agraph: N/A; ` ” 1 1 -Date Sentence Imposed: 7/1/2010
P“‘Zish¥“@nt a“_d Place TWENTY YEARS`INSTITUTION l DIvIsIoi\I ' TDCJ of Lonfmement. ' THIS sENTENCE sHALL RUN CONCURRENTLY_.
l:' SENTEN CE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A.
ineF.’ _C(>_ur_t_g)it§ Restitution: Restitution Pavable to: . a¢;//// ' [:\ VICTIM(s) (see below) 3 5 / 919 3 4 $ l:} AGENCY/AGENT (see below) DPs Lab $
Cherokee County for Court Appointed Attorney fees $
Sex Off`ender Registration Requirements apply to the Def'endant. TEX CODE CRIM. PROC chapter 62
The age of the victim at the time of the offense was 8
Tiine " `Qredited: (Qé DAYS
If Defendant is to serve sentence in countv jail or is given credit toward fine and'costs enter days credited below. l ~ .»
j_. N/A DAYS NOTES: N/A \ ` ' All pertinent information, names and assessments indicated above are incorporated into the language of the judgment belo!y§b/!?ie_f§oqp%e:”
judgement.doc Page lof 2
`,Hns cause was called for trial in Cherok`ev County, Texas. 'l`~he State appeared by her i_istrict Attorney. Counsel /Waiver of Counsel (select one) .Defendant appeared in person With Counsel. . ij Defendant knowingly, intelligently, and voluntarily Waived the right to representation by counsel in Writing in open court Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. »-”"The Court then admonished Defendant as required by la\v. lt appeared to the Court that Defendant was_me.ntally competent to tend trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and .1tered it of record. Having heard the evidence submitted the Court found Defendant guilty of the offense indicated above In the presence ofDefendant, the Court pi‘onounced'sentence against Defendant. ’ The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY oi` the above offense. The Court FINDS the Presentence lnvestigation, if so ordered, Was done according to the applicable provisions of TEX. CoDE CRIM. PRoc. art_ 42.12 § 9, The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all iines, court costs, and restitution as indicated above. Punishment Ontions (Select one) § Confinement in Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant'remanded to the custody of the Sheriff of this county until the Sherift` can obey the directions of this sentence The Conrt ORDERS that upon release from coanenient, Defendant proceed immediately to the Off“lce of the Cherokee County District Clerk, Rusk, Texas. Once there, the Court ORDERS Dei`endant to pay, or make arrangements to pay, any remaining unpaid §nes, court costs, and restitution as ordered by the Court above. ' m County Jail_Confinement / Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Cherokee County, Texas on the date the sentence is to commence Defendant shall be confined in the Cherokee County Jail for the period indicated above. The Court ORDERS that upon release from confinement Defendant shall
above. ;~ .~;, Y'~'~ '_,_a ';
proceed immediately to the Office of the..Cheroke¢.Co.unty. Distri 1 Once there, the Court ORDERS Defendant to pay, or make arrangements{;lq.¢a §§ . §§ ' n~n.~; u maidsiignesl~ " zeiss d restitution as ordered by the Court
.' The Court ORDERS Defendant to proceed there, the Court ORDERS Defendant to
i:] Fine Only Payment. The punishm immediately to the Office of the Chero § g '_ pay or make arrangements to pay all fine a= a lp Execution / Suspension ofSe if ~»§" [Xl The Court ORDERS Defendant’s sentel;i&c J\_] The Court ORDERS Defendant’s senteh’c§\ -_ _ m . . w , ' S §Defendant placed on community aervision for the adjudged period (abov ` l _ * . lii” 1 t ` =`olat:e the terms and conditions of
Qmunity supervision The order settin “ `~ ` " per:vision is incorporated into this
gment by reference - ` x v
The court oRDERs that nefenda " ‘: v j § ii _
Furthermo§;:?. tgsi§'o '_§Wi ii ~ cl`:”`§i-“Ti`~¥- §§ wl mr rs a l : _ PURSUANT TO TEXAS C.C.P ART l2.45 THE COURT WILL TAKE INTO QONSIEDERATION COUN'l` ll (CONTINUGUS SEXUAL ABUSE) GF'FELONY lDlCTED CAUSE # l766l g
. " '*\"'1 . " § lt II o
e time spent incarcerated
Signed and entered on 7-1-10
Clerk.' mb
cg - y ij¢:"rc;:ouvr. crimier couri‘rv, texas BY 1 - DEPUTY
Right Thumbprint
judgement.doc Page 2 of 2
l Exhibit c
No. 17661
run srA'rt or TExAs § m ri-ln-zi"” .sonrcIAL vs § msrmcr COURT or
otter manlin AoAMs §
CHEROKEE COUNT\', TEXAS MO'|`|ON NUNC PRO TUNC
'l`() THE HONORABLE JUDGE OF SAID COURT:
0 \l{’\\_\} ~. '-:_v ‘
U'J
bn Qg. ¢n' , tire utd\'_. ..W...._‘..~~m
o{Te.\:as and moves d
~~..`. s.~ ...,¢.».M.._.»~~.`,a..
re Court to reform the Judgmcm of Conviction by coun~Waivcr ot`Jury 'l`rial in this cause to correctly reflect that the nFFMw
for which me defendant convicted be tn`d'ecen¢y \[»/irh/a’ child.
On or about the 1“ day ofluly, 2010, the Judgment otConviction by court-Waiver
ofJury ’I`rial was signed by lodge D\vight Phifer ofthe 2‘“’ Judicial District Court Said
)udgment should correctly reflect that the of`t`ense l"or which the defendant convicted be lndecency with a Child.
WHEREFORE, the State prays and moves this Honorable Court to correctly reflect
that the offense for which the defendant convicted be lndecency with a child t
RESPECTFLLY SUBMl'l'l`ED, _ ‘ ®~A\_ n Om t v @\ v _\‘-K_
o we
';; v `§a§; 0 333 AiToRNeY Fo’R STATE ;?§ ~° ?3€?:1 P.o.BoX450 \ gaf § go
Rust<,'rr~.X/\S 75785 \ §Z§ to § S'rA'rEorTEXAS BARNo_ ‘g,; ;;»;w ;, RAC)-rl:t24039030 § §§ z _4
,. .
DOCUMEf:J"fiS/NUNCPRO'|`UNC/
** No. 17661 THE STATE oF Tt-:XAS § rN THE zND JUDICIAL vs § DISTRICT COURT or DALE RICHARD ADAMS § CHEROKEE CoUNTY, TEXAS
ORDER GRANTING NUNC PRO TUNC
Cztme to be heard this date the l\/lotion l"or Nunc 'l`unc and same being'approved by the Court, IT lS THEREFORE ORDERED that the Judgment correctly reflect that the
offense for which the defendant convicted be lndecency With a child.
SiGNED AND ENTERED this rhetz.jw¢ day efzzm,@,@,,zo[¢.
/
~_ _ "”Jt)o;/ RESYTN€
U`d'U§l':'l`d 803
,/ ’_T.C". -~ ` §§ ca 'OHL. z 3 §7`;, o 1 mSEI l’\) wl"_. w "U 3
- mc § ><>¢: :' »-1 3>" 00
_< m
DOCUMENTS/NUNCPRO'l`UNC/
fl§l'll:l
1 Exhtbtt o
l va
CAUSE NO. 17661
THE sTATE oF TEXAS § tN THE zN” JUDICIAL vs. § DISTRICT COURT oF DALE RICHARD ADAMS ' § CHEROKEE CoUNTY, TEXAS
WAIVER OF TIME TO FILE MOTlON F()R NEW TRIAL AND ARREST OF JUDGMENT
COMES NOW, the Defendant after punishment has been assessed and before sentence has been imposed, and in Writing and in open Court, Waives the time provided in the Texas Code of Criminal Procedure, for the filing of a motion in Arrest of Judgrnent or Motion for New Trial.
WAIVER OF APPEAL
I, the undersigned Defendant, in Writing and in open Court, and joined by my counsel and after being duly sentenced in accordance With the punishment assessed, state that l understand my right to appeal the conviction herein, as provided in the Texas Code
' of Criminal Procedure, and that if I am indigent and desire to appeal, counsel Will be appointed at no cost to me. I, the undersigned defendant, understanding all rights in this connection, freely, voluntarily and intelligently Waive and abandon my right of appeal in this case.
/Qa¢¢ %.z/
IEFENDANT