Bristow, Roy Durwood

Opinion

"C'.\\=.“A_Ld', m\m;\ \\QJDS

1 Q,L\\, \;@ , \;D\\_\ §<\\@\\- e>»\\ 5 \\_\\_\§\,\ QJML¥ Q_§\.>\; \\\r">_ `;_@\\`\,;UQ\SFO' k

n b 'D\\j\\`\\: . /©\\.>é~>\/\P\r °A\\Z_L 5_\2§,\@5\?,(§\. \__\Z¥\r\§\, ”\~(’9

XA\\: Qm\\¥ ;I:J\`\_;;Q_ ~ , §\\JA_\_>_Q,\Q;\LCL_:&@§,\)M§L¥LQQ>_B 4 ‘\ __ _ML_ em;v_ s\.> E\\\~ jw @\> mw \>\¢ ` .

-\\e§\m\ '3\L \9(’3&9\ " ` REcE\vED\N

""’ couRT oF cR\M\NALAFP ~SEP 01 zms

Abe&Acosta,C\@'K

`, ¢m' 'l‘~. l'¢ ¥‘" § .`" “`.'“~.

g\j\\:;>©\\;c,\'$o\\-» §\v ;\r\\~<\\\c§»\¢r§\

fP\L’Q\ :D>L»D@&BMW_'%=_\KK\\B_:_W*

(` _'@\W mM; 00\¥ \"\LQO \"w\ B`l '

#\?J_QL)_\QM_\W:T_\;\Q\\\ 1 . 7 541 z/

f_ "Fll;"'t) t"~`il;?€ RFCGR{] f,`ASS L`?JUNTY. T`EXAS (Fel'»;>n')')

\ ~q..`__t_t_:_;;_o_o_zts_)p__§¢»~~ 1 d ? 2313 ncr -'z F> w 31

ma tea 0:»' time ‘="‘ `""E§'*’E’E§“§“‘.?W’l QOVRT'

lt.‘.),~xnn:

, _ ' b SFS?RlC?CLERH \' trott mts sm rs <:)F ems

_ ` BY__.______ " ' 'T ‘ __`l?o~t £)y 13 .' .xlc\.) serz\'sxc; Sc)wtt;zc,\s§?:G §‘Ql't:§b‘k

f.;§,_gtir.'le ZS;}}__€ncle r~§'{:r;n!§nx§ ?;m-::i_u~.~c;

§.Qp`:l.Qp`.__\’ liHmll_E§XY§.Q_§IM.§&..C RI / /;/

. , ` l `\’c>u nw charged with :he offense of L/\nw“k\.or. rt d 1.-\L of V'£\~*`a. u re admonished in connection with this matter '»" lvll<>“'-: + 5 ¢ .',`:m\ /~: ‘. c l~.;¢ l

,»-

RANGE OF l’UNlBHMEN'I': l{convicted. jt"cu could face *he foll`m~"tng zange uf punishment

__~_`__ ;Ll?__'_>`_`l”_ D§§EEE§ FEL,Q_,_\_‘_‘{: a term ci lile or any term of not more than 99 years or less than 5 §'ea:zz in the lnsté:\zrion.x} Di\'ision of the De;;a rtrm:ut 01 Criminal lustic»?, and in addition, a fine not to exceed Zl(l.OOG may be £m;msr:d. §_ECO\'D QEQRE§'£~`ELQ,-_‘l; a term ct not more ;han 20 years or less than 2 years in the lnstitutionai Di\‘iséon o:' the

l}epartmen! cf Criminal lusticv. and in addition a fine not to exceed Sl0.000 may be imposed. \/ LH&QMME§ EEL,Q;\.‘Y: a term cf not more than lG years or leSs than 2 years in the institutional Di\'i'zim‘. of the Dt‘y-pttmem of Crim§ual lu>me, and in additioz\. a fine not to exceed SIU.OOO may bit imposed

l~lAB!T§f, Q FEN ~R: a term of life or any term of nor more than 99 years m less than ?.S years in the ln.>'ti\etional

©`\~isé<>n or me Depat‘tment t:)f (_`rérninal laslice. ` MLL§RE§ E-\.,’ !;;I&NQ§Q: a term of lile or atty term of not more than 99 years or less than §§ years in the institutional €`Jis'ision of the Departmen: of Crimi:\.al lustice, and in addition, a fine not to exceed S?G.CK)O may `-;>c :'mpc».<.etj.

CW€ER;

2. =\"ECDT[ATED PLEA ACREE.\'[ENT.‘ !1‘ a negotiated plea agreement has been reached between ymx and the state as to the punishment the sta;e's attorney will \/ recommend in exchange for your plea of guilty you are admonished that the agreements ami the recomrm~ndarion of the prosecuting at;omey as to punishment is not binding on :he iudge. Tl~n.~ judge shall inquire as to the existence ut' any plea-bargain agreement between the state and the defendant in open court and before any finding on gram plea ll the Cou)'t rrje¢;ts such / agreemen€, you shall be permitth to withdraw your plea of guilty or nolo maximum and neither the fact that you have entered .t plea of guilty or nolo contours may be used againsl you on the §ssué 05 guilt or punishment in -.m§.~ zubsequent cn'minal proceeding

3. PERM|SS§ON TO AFPEAL: if the punishmen! assessed does net exceed the punishment recommended by the prosecutor and agreed to by you md your / attorney7 :he judge of this Court must give you permission before you may prosecute an appeal on any matter in thl§ case except for those matters rai$ed by written motions filed pticr to trial. / 4. ;\"ON~(.`VUZEN: . " s:' joe ace mm .> citizen itt the tjt;-~;zc'd S;a:z:s of .-`tsr\L-:i¢;p, \;. ;<éep m" gi ' the e\ciu_<.inn trc:n admission ta S:J'\ir. country or the denial of naturalization under federal l.w.~.

mr ):p?§ c¢:::¢~)m'r;' for ih§; uller'.sa m.:;» zc-cu§: m ::?e;<>::at:c=r;. `/

Z~. ¥)F.FERRED AD}UU!CAT¢ON; l:' the (,`ourt defers .zd§udicaling yvuz guilt and places you on probation nn violation m' .my imposed the determination 'nj~~ the Cc~un ml whether w p:ec~zeti mm an ad;'udic¢zicm of guilt E:\ the uri`y wl charge No appeal may be taken from the determination After adjudication of guilt all pr<)cecdings, including assessment of punishment pronuumr"men: cl

your tight of appeal continue as ii adjudication of guilt had not been deferred

&* _ C§\'pntothel)¢t'endan:icwpencourtin'.vritingonthis\he 7 day~ 06')(" 38 /z t 7¢ /\.,k~ BM _.W._ f

iudgc l’tcs§ding ,

l, l§“u: mtdz‘r"l¢)£d Der'end;mt. zweig that l did r ‘x~»: mm .\£:m'c nden§shments in writing in open court ?r<\ru the judge on ".'_~’_ ' 4 . this the 7 m day vi _, : 2 _. thaw discussed line \vx:l~. mr attorney and l fully under

/\`)~;L£F. pcpr ;;»

uaz»'e=\.=t)§{.'vs,\'rrox=\:£\' M

. > Ot\) ¥(l\/ No. Zn)l~£~QQtIQ S'rATF. or rexas ` ' > m THF. se DisTchTcouRT v l _ FoR THE stare or items 20 \i 1>. [§r :Jtu\) v saavth aole/c,\ss countries

_\

TO THE HONORABLE jU DCE OF SAID COURT:

As the result of negotiations between the parties, and unless and until this recommendation is superseded by a . subsequent proposall it is understood by the undersigned that the Attorney for the State, upon Detendant's plea of guilty, will recommend to the Court that [check all that apply):

___ lt is recommended that the prosecution proceed only on Count .

___L_ lt is recommended that punishment be assessed at a term of K'q l_\» in the lnstitutiona| Di\'ision of the Depart'ment ofCrimina\]ustice. ' `

ll is recommended that a fine of S be imposed

tt is recommended that the above-recommended sentence be suspended and that defendant be placed on

probation for a period of years. lt is recommended that adjudication in this matter be deferred pursuant to Art. 42.|2, C.C.P. for a period of

t'ears. lt is recommended that the following special terms of probation be imposed:

l_|ll

lt is recommended that the Ct)urt consider the following unadjudicated offenses under Section l2.45 P.C.:

lt is recommended that prosecution proceed only on the lesser-included offense of:

OTHER RECOMA\'IENDAT[ONS: ,C°a_$|`¢\(.l §' jll`\/>\~'( \ y\ft;»¢\~'¢_lcg\ Qv_/j\¢,zt, op ¢. \`};.'l¢_\fq» liar-v ?\> \\ . (l¢¢\l‘ Fc( ‘ \\ ‘i.`»-L `t;~l¢c` 31`/;»1¢ q`l‘ l\ _ pon an(.-/r¢r\* `...'lfv\ zb/l‘F'Q)Z\Q AQREE:“ENI

lt is agreed by the Defendant, the 'altome)l for the defendant. and the Altorne}' for the state that the punishment recommendations outline above ma_\' be considered by the Cuurt when assessing punishment in this case

§§ r. D rodssz

DEFEN \r\‘T

c ' f- ~ . vth gag dead l 4 ). M¢J°'- jj ATTOR;\'EY FOR 5 us ArroRNé){ FOR t)eF§.\'o,\NT

QKDER AFPRQV|NC AGREEM ENT

D.\te of agreement

The Cuurt accepts .md approves the foregoing agreement between the State and the Defense and will assess

<“'"_

punishment*\\'ithin the range uf the agreement.

ll

No. YOll 'E‘o¢?lo

sTA TE or texas t.\' me sm otsrchr count v , FoR ruiz sure or rExAs 02 °~.` B- Dria log Se.evr.\!c aowtcicass counties

PROFQSEQ PUNI§HMENT R§CQMMENDAT|ON

'l`O THE HO»\'ORABLE ]UDCE OF SAlD COURT:

As the result of negotiations between the parties, and unless and until this recommendation is superseded bj.' a subsequent proposal _it is understood by the undersigned that the Attorne_v for the State, upon Defendant's plea of guilt_v, will recommend to the Court that (checl< all that apply}:

lt is recommended that the prosecution proceed"only on Counl . y_` lt is recommended that punishment be assessed at a term of Y¢r § in the institutional Division of the Department of Criminal lustice. '

lt is recommended that a fine ot ‘S be imposed. lt is recommended that the above-recommended sentence be suspended and that defendant be placed on

probation for a period of years.

it is recommended that adjudication in this matter be deferred pursuant to Art, 42.12, C.C.P. for a period of

)'ears. _ lt is recommended that the following special terms of probation be imposed: ____"___

l.lll

lt is recommended that the Court consider the following unadjudicated offenses under Section 1235 P.C.:

lt is recommended that prosecution proceed only on the lesser-included offense of; ~_H_`_

owen R£cor\i.\te.\to,\rrc)~s; .¢.,\i¢t¢/ a.r~~'~.\~.dct\ Qv¢r\./, °/ "B;‘l¢.\~`a»~ flaw ?0l\- CI¢¢L`} £.f a|\ -)-°»~»r. j".,¢e\ 5¢',..`

o- q°Z"\ - nga [or\¢vlru-"\ wifl-_.__ ZII\"F‘OOIYQ.

AGR \fENT

lt is agreed by the Defendant, the attorne)l for the defendant, and the Atlorney for the state that the punishment recommendations outline above may be considered by the Court when assessing punishment in this case.

Date ofagteement: _ 'Rl`> 1 T) B“.J\\\m j

' dEFF_YANT §Q$lax¢laa)__ / il 7 W@"C’ 31

,\TF. ATTOR.\(FI ron r)rFE.\-DANT `

ATTOR:\‘£Y FOR S

, ORDER APPROV|NG ACREEMENT

The Court accepts and approves the foregoing agreement between the State and the Detense and will assess

punishment within the range ot the agreement

|N THE COURT OF CR|M|NAL APPEALS OF TEXAS

N . \‘»’R-Sl,{}l 1-02

EX PARTE ROY DURWOOD BRISTOW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011F00150-A IN THE STH DISTR]CT COURT FROM CASS COUNTY

Per curiam. 0 R D E R

Pursuant to the provisions of Aniclc l 1.07 Ofthe Texas _Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus Ex parte Young, 418 S.W.Zd 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of arson and _ sentenced to eight ycars’ imprisonment He.did not appeal his conviction.

Applicant contends that pursuant to the plea agreement, he would receive pre-sentence credit for time served since Scptember 2, 201 l. According to the judgment, he was credited with one day l of pre-sentence time. He now contends that thc plea agreement weis breached

Applicant has alleged facts that, ii`truc, might entitle him to rclicf. Ex parte Patterson, 993

S.W.Zd l 14, l 15 (Tex. Crim. App. 1999). In these circumstances, additional facts arc nceded. As

' Biii Miiier Judge Pi'esiding 5th Judicial District Court

March 24, 2015 l\/Ir. Abel Acosta Clerk of the Court Court of Criminal Appeals P.O. Box 12308, Capitol Station Austin, Texas 78711

Re: Bristow, Roy Durwood CCA No. WR-81,011-02 Trial Court Case No. 20l lF00150-A

Dear l\/lr. Acosta:

l am in receipt of your correspondence dated March 12, 2015 iegarding the above referenced matter. Please accept this correspondence as a Motion for Extension of Time to produce a supplemental record on this matter as remanded for a determination of additional facts.

Your correspondence of March 12, 2015 is the first time this matter has been brought to my attention On January 8, 2015, l was appointed to fill the vacancy left by Judge Ralph Burgess Who assumed the duties of his office on the 6" Court of Appeals January l, 2015. l have spoken to Justice Burgess and he indicates he has no present recollection of the Writ or the Court’s remand for further proceedings As indicated, this judge Was not aware of the remand that Was issued prior to assuming the duties of this office. Like the trial court, the District Clerk and District Attorney only assumed office on January l, 2015 and neither of them has indicated they were aware of this pending matter prior to your letter of l\/larch 12, 2015. Accordingly, please present this correspondence to the Court for an extension of time to comply With the Court’s remand for determination of additional"facts. ~ - 1"

Should you have any further questions for the trial court, please do not hesitate to contact me.

Very Truly Yours,

§ ;QQ Bill l\/liller, Judge Presiding 5th Judiciai District court WWM/ cc: Cass County District Clerk Cass County District Attomey’s office Roy Durwood Bristow