Anderson, Travis Edward v. State

Opinion

Ex Parte Application for Writ of Habeas Corpus from BROWN County fTRAVIS EDWARD ANDERSON! 35th District Court

TRIAL COURT WRIT NO. CR20959

CLERK'S SUMMARY SHEET

APPLICANT'S NAME: TRAVIS EDWARD ANDERSON (As reflected on the Judgment)

OFFENSE: CT.I-III: AGGRAVATED ASSAULT WITH DEADLY WEAPON (As described on the Judgment)

CAUSE NO: CR18885 (As reflected in Judgment)

PLEA ENTERED: CgUILTY NOT GUILTY NOLO CONTENDRE (CIRCLE ONE)

SENTENCE: 35 YEARS TDCJ (As described on Judgment)

TRIAL DATE: SEPTEMBER 13. 2012 (Date upon which sentence was imposed)

JUDGE'S NAME: STEPHEN ELLIS (Judge Presiding at Trial) -RE6EIVED M COURT OF CRIMINAL APPEALS APPEAL NO: 11-12-00306-CR (If Applicable) JAN 20 2015

CITATION TO OPINION: S.W.2d AbelAcosta, Clerk (If Applicable)

HEARING HELD: YES • NO (Pertaining to the Application for Writ)

FUNDINGS AND CONCLUSIONS FILED: . YES ^ NO (Pertaining to the Application or Writ)

RECOMMENDATION: GRANT DENY • NONE (Trial Court's recommendation regarding Application)

JUDGE'S NAME: Stephen Ellis (Judge presiding over habeas proceeding - usually current judge of the trial court) INDEX TO CLERK'S RECORD

TRIAL COURT CAUSE NUMBER CR20959

TRAVIS EDWARD ANDERSON VS THE STATE OF TEXAS

Clerk's Summary Sheet 1

Index 2

First Motion for Extension of Time to File Petition for Discretionary Review Filed 1/9/15 3-6

Indictment Filed 11/17/11 t 7-8

Judgment Filed 9/25/12 9-11

Letter to Defendant Dated 1/16/15 12

Clerk's Certification 13

2_ TS

No. 11-12-00306-CR jU» JAN 09 2015 In The

COURT OF CRIMINAL APPEALS 'fLIexas AUSTIN, TEXAS n IX-puty

TRAVIS EDWARD ANDERSON, Petitioner

VS.

THE STATE OF TEXAS

From Appeals No. 11-12-00306-CR Trial Cause No. CR20959 Brown County, Texas

.FIRST MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES, OF THE.,COURT OF CRIMINAL APPEALS:

NOW COMES, TRAVIS EDWARD ANDERSON, Petitioner, In the above styled and

cause number respectfully, files this Motion for extension of time of sixty

(60) days in which to file Petition for Discretionary Review. In support of this

motion, appellant shows the Court the following, pursuant to Rule 68.2.

The Petitioner was convicted in the 35th District Court of Brown County,

Texas, of the offense of aggravated assault with a deadly weapon, styled State

of Texas vs. Travis Edward Anderson. The Petitioner appealed to the Court of

Appeals, Elevanth District of Texas. The case was affirmed on 12-18=2014.

II.

The present deadline for filinq the Petition for Discretionary Review is,

1-17-2015. Petitioner has not requested any extension prior to this request.

page 1.

3 III.

Petitioner is requesting for the first time for an extension of time to

prepare a PDR of the decision of the Court of Appeals of the Eleventh District

of Texas in this matter. Petitioner asserts that, his court appointed appellate

attorney Mr. Evan Pierce Jones, has informed Petitioner that he will not represent

him on the Petition for Discretionary Review.

Wherefore, Petitioner prays this Honorable Court grants this motion and

extend the deadline for filing the Petition for Discretionary Review in case

No. 11-12-00306-CR.

Respectfully Submitted,

Travis Edward Anderson, Petitioner, Pro se

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foreaoing First

Motion for Extension of time to file a Petition for Discretionary Review, has

been forwarded by U.S. Postal Mail Service, to the attorney for the state, and to

The Court of Criminal Appeals, P.O. BOX 12308 Capitol Station, Austin, Texas

78711 on this day of (jAnUA^V/ ,2015.

page 2.

t UNSWORN DECLARATION

I Travis Edward Anderson, Petitioner, Pro se TDCJ 1812491. Being presently

incarcerated at the Wallace Pack 1 Unit of Texas Department of Criminal Justice-

Inst, Division located in Grime County, Texas declare under the penalty of puriury

that the foreqoinq statements are true and correct.

Excuted on this the -5lVl /day of, UfHAUArV ,2015. f

page 3. Mr. Travis Edward Anderson Wallace Pack 1 Unit At46^X o'clock'vy. ..M 2400 Wallace Pack Road Navasota, Texas 77868 JAN C9 20te 1-5-2015

X.-pu!y

To the Clerk of the court Brown County Courthouse 200 South Broadway Brownwood, Tx 76801

RE: FILING Motion for Extension of time for PDR.

Please find enclosed one copy of First Motion for Extension of time to file a PDR.

^ aAUJLL <£jgjLV? m.Ay\ADklBfL Travis Edward Anderson, Petitioner pro se

k> NO CX AW BOND: -kf&#>& 00 THE STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON D.O.B: 05/27/1959

Charge: CT. 1-111: AGGRAVATED ASSAULT WITH DEADLY ^EAPON ~~ZT~l"— Penal Code §22.02 -2nd Degree Felony -4&4 Ucl°CK HM REPEAT OFFENDER -Penal Code §12.42 ' ^ ^OIO HABITUAL OFFENDER-Penal Code §12.42 /\ z? y^ureefefrfcF- CleriTDisirict Court Brown Co. TX IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS? —yyfcj*'*'* THE GRAND JURY, for the County of Brown, State of Texas, duly selected, empaneled, sworn, charged, and organized as such at the June Term, 2010, of the 35lh Judicial District Court for such County, upon their oaths present in and to said Court at said term that

COUNT I

Travis Edward Anderson, hereinafter styled Defendant, on or about the lsl day of June, 2010, and before the presentment of this indictment, in the County and State aforesaid, did then and there intentionally or knowingly threaten Devon Harden, with imminent bodily injury by pointing a gun at him and did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of said assault; COUNT II

And further that on or about the Is' day of June, 2010, in the County and State aforesaid, the Defendant, did then and there intentionally or knowingly threaten Joseph Jones, with imminent bodily injury by pointing a gun at him and did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of said assault;

COUNT III

And further that on or about the 1M day of June, 2010, in the County and State aforesaid, the Defendant, did then and there intentionally or knowingly threaten Christopher Pyle, with imminent bodily injury by pointing a gun at him and did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission of said assault;

ENHANCEMENT PARAGRAPH ONE:

And it is further presented in and to said Court that, prior to the commission of the aforesaid offense (hereafter styled the primary offense), on the28lh day of June, 1990, in Cause No. F-8883475 in the Criminal District Court No. 4 of Dallas County, Texas, the defendant was convicted of the felony offense of Possession of a Controlled Substance under the name Travis Edward Armstrong;

7 THE STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON PAGE TWO

ENHANCEMENT PARAGRAPH TWO:

And it is further presented in and to said Court that, prior to the commission of the primary offense, and after the conviction in Cause No. F-8883475 was final, the defendant committed the felony offense of Possession of a Controlled Substance and was convicted on the 12lh day of July, 1991, in Cause No. F-9140935 in the 291s' Judicial District Court of Dallas County, Texas;

Against the Peace and Dignity of the State.

Fqrdman of the Grand Jury

S Cause No. CR20959 (Three Counts) TRN 9091258144 (AOOl, DOOl, D002)

THE STATE OF TEXAS § IN THE 35TH JUDICIAL v. DISTRICT COURT OF TRAVIS EDWARD § BROWN COUNTY, TEXAS ANDERSON, DEFENDANT SID: TX02217791

Adjudication of Guilt; SENTENCE TO Institutional Division, TDCJ DATE OF JUDGMENT September 13, 2012 JUDGE PRESIDING Stephen Ellis ATTORNEY FOR THE STATE Bruce A. Hoffer ATTORNEY FOR THE DEFENDANT G. Lee Haney OFFENSE Count I-III: Aggravated Assault with a Deadly Weapon STATUTE FOR OFFENSE: Section 22.02, Penal Code DEGREE OF OFFENSE: Second Degree Felony APPLICABLE PUNISHMENT RANGE (Including enhancements if any): Habitual Offender 25-99 yrs or life/max $10,000 fine DATE OF OFFENSE: June 1,2010 DATE OF COMMUNITY SUPERVISION March 10,2011 ORDER: CHARGING INSTRUMENT: Indictment TERMS OF PLEA AGREEMENT Thirty-five (35) years, Texas Department of Criminal (IN DETAIL): Justice, Institutional Division PLEA TO MOTION TO ADJUDICATE: Not true FINDING AS TO ALLEGATIONS IN True MOTION TO ADJUDICATE: CONDITIONS OF COMMUNITY #1 At |:36 O'clock / M SUPERVISION VIOLATED (as set out in the motion to adjudicate): SEP 2 5 2012 AFFIRMATIVE FINDING ON DEADLY Yes-deadly weapon used or exhibited •? WEAPON (see full text below): OTHER AFFIRMATIVE SPECIAL Applicable, See Below ClerfTT)istrict Court Brown Co. TX FINDINGS (see full text below): By cf% Deputy DATE SENTENCE IMPOSED: September 13, 2012 PUNISHMENT AND PLACE OF Thirty-five (35) years in the CONFINEMENT: Institutional Division-TDCJ TIME CREDITED TO SENTENCE: June 1,2010 to June 12,2010 March 31, 2011 to May 15, 2011 December 15, 2011 to September 13, 2012 COURT COSTS: Waived TOTAL AMOUNT OF RESTITUTION: Waived

DS1: Adjudication oTGuilt; Direct Sentence, Cause No. CR20959; Page I of 3 Pages

°l © VOL. SL4_ PAGE I$ r. ® This sentence shall run concurrently unless otherwise specified.

On the date stated above, the Defendant entered a plea of No Contest to the offense stated above and was granted a deferred adjudication in the above numbered and styled cause. The Defendant was placed on community supervision as stated above, subject to the conditions of supervision set out in the order in this cause. Thereafter, and during the period of supervision, the State filed a motion to adjudicate in this cause, alleging that the Defendant had violated conditions of supervision set out in said order.

On the date stated above, the above numbered and entitled cause was regularly reached and called for a hearing on the motion to adjudicate, and the State appeared by the attorney stated above, and the Defendant and the Defendant's attorney, as stated above, were also present. Thereupon both sides announced ready for the hearing, and the Defendant, Defendant's attorney, and the Defendant waived the reading of the motion to adjudicate, and, upon being asked by the Court as to how the defendant pleaded, entered a plea of Not true to the allegations in the motion to adjudicate.

Thereupon, the Defendant was admonished by the Court of the consequences of the plea; it appeared to the Court that the Defendant was competent and that the defendant was not influenced in making said plea by any consideration of fear or by an persuasion prompting said plea; and the Court received the free and voluntary plea, which is now entered of record in the minutes of the court. The Court, after hearing all of the evidence for the State and the Defendant and arguments of counsel, was of the opinion and found that the Defendant violated the conditions of community supervision as stated above.

The Court then adjudicated the Defendant guilty of the offense stated above and found the offense was committed on the date stated above. A presentence investigation report was not required or done. After hearing additional evidence on the issue of punishment, if any, the Court then assessed punishment as stated above.

And thereupon the Court asked the Defendant whether the Defendant had anything to say why said sentence should not be pronounced upon said Defendant, and the Defendant answered nothing in bar thereof. Whereupon the Court proceeded to pronounce sentence upon said Defendant as stated above.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense staled above, the punishment is fixed as stated above, and the State of Texas do have and recover of said defendant all court costs in this prosecution expended, for which execution will issue. DSI: Adjudication of Guilt; Direct Sentence, Cause No. CK20959; Page 2 of 3 Pages

10 VOL. SlL- page U£- ' It is ORDERED by the Court that the Defendant be taken by the authorized agent of the State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the Director, Institutional Division-TDCJ, there to be confined in the manner and for the period aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of this county until such time as the Sheriff can obey the directions of this sentence. The defendant is given credit as stated above on this sentence for the time spent in county jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount specified above.

Furthermore, the following special findings or orders apply:

All previously fines and fees are waived.

Signed on the '-"'-Hay ^^ay of of September, 2012.

Defendant's right thumbprint

DS1: Adjudication of Guilt: Direct Sentence, Cause No. CR20959; Page 3 of 3 Pages INMATE CORRESPONDENCE REPLY—Govt. Code 552.028

. -TO:TRAVIS EDWARD ANDERSON #1812491 FROM Cheryl Jones WALLACE PACK I UNIT DISTRICT CLERK BROWN COUNTY 2400 WALLACE ROCKROAD 200 SOUTH BROADWAY, SUITE 216 NAVASOTA. TX 77868 BROWNWOOD TEXAS 76801

CAUSE NO. CR20959 STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON

Dear MR. UANDERSON : File date: 1/16/15

[ ] Upon receipt of proper fee, the copies you requested will be prepared and mailed. Non-certified copies are $1.00 for the first page and $0.25 cents for each additional page. Certified copies are $1.00 per page. The cost for copies requested will be $ .

See also Government Code 552.028. (a) a governmental body is not required to accept or comply with a request for information from (1) an individual who is imprisoned or confined in a correctional facility;...

[ ] We will need a court order to prepare the copies you requested at no charge to you.

[ ] Contact the Court Reporter listed below the request a copy of the Statement of Facts and fees. Name Address:

[ ] Your Petition for Writ of Habeas Corpus has been received and filed. Article 11.07 of the Texas Code of Criminal Procedure affords the State 15 days to answer. After 15 days, the Court has 20 days in which it may order a hearing. If no order has been entered 35 days from the filing date, the petition will be forwarded to the Court of Appeals for their consideration.

[ ] The following document has been filed in the above listed case: A file-stamped copy of document is attached.

[] This date, the transcript of your Petition for Writ of Habeas Corpus has been forwarded to the Court of Appeals.

[ ] This is to acknowledge your motion for Shock Probation, please advise the Court has GRANTED/DENIED same.

[X ] Other: This date, your First Motion for Extension of time to File Petition for Discretionary Review has been forwarded to the Court of Criminal Appeals

All further correspondence should indicate the above cause number(s).

Yours Truly, Cheryl Jones District Clerk BROWN County

By Deputy

2- THE STATE OF TEXAS

COUNTY OF BROWN

I, CHERYL JONES, Clerk of the 35th Judicial District Court of Brown County, Texas, do hereby certify that the documents contained in this record to which this certification is attached are all of the documents

specified by Texas Rule of Appellate Procedure 34.5(a) and all other documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34.5(b). GIVEN UNDER MY HAND AND SEAL of office in Brown

County, Texas, onthis the 16th day ofJanuary, 2015.

CHERYL JONES, DISTRICT BROWN COUNTY, TEXAS,

By: