Canady, Warren Pierre

Opinion

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CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

September 4, 2015

WARREN PIERRE CANADY 1 # 723784- ELLIS 1697 FM 980 HUNTSVILLE, TX 77343

RE: CAUSE# 1276450-E 248th District Court

Dear Applicant:

Your post conviction application for Writ of Habeas Corpus was received and filed on 09/01/2015. Article .11.07 of the Texas code of Criminal Procedure affords the State 15 days in which to answer the application after having been served with said application. After the 15 days allowed the State to answer the application, the Court has 20 days in which it may order the designation of issues to be resolved, if any. If the Court has not entered an order designating issues to be resolved within 35 days after the State having been served with the application, the application will be forwarded to the Court of Criminal Appeals for their consideration pursuant to Article 11.07, Sec. 3(c) of the Texas Code of Criminal Procedure.

The records of the office reflect the following:·

CAUSE NO. PETITION FOR WRIT OF HABEAS CORPUS DISPOSITION

1276450-A 04/03/2013 DISMISSED

1276450-B 01/09/2013 DISMISSED

1276450-C 07110/2013

07112/2014

A!!_future correspondence should indicate the above listed cause number.

~~~"''Uarcia, Deputy inal Post Trial

CC: District Attorney Judge, Presiding Court

120 I FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 PAGE I OF I REV. 01-02-04 CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

September 16, 2015 2 ;:· WARREN PIERRE CANADY # 723784- ELLIS UNIT 1697 FM 980 HUNTSVILLE, TX 77343

To Whom It May Concern:

Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writfiled in cause number 1276450-E in the 248th DistrictCourt.

C8::] State's Original Answer Filed September 15, 2015

D Affidavit

D Court Order Dated

D Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.

D Respondent's Proposed Findings of Fact and Order

D Other

o a a Garcia, Deputy Criminal Post Trial ~----..-

rg

Enclosure(s)-

1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577

PAGEl OF I .' ··REV: 01-02-04 ,. FILED Chris Daniel District Clerk CAUSE NO. 1276450-E ' ' SEP 15 2015 EXPA~~--~~~~~- § IN THE 248th DISTRJCT COURT IBY,_ _---;i;~~~l..._ § OF

\V'ARREN PIERRE CANADY § HARRIS COUNTY,TEXAS Applicant

STATE'S ORIGINAL ANSWER

The State of Texas, by and through its Assistant District Attorney for Harris

County, flies this State's Original Answer in the above-captioned cause, having been

served with the original application for writ of habeas corpus, pursuant to TEX. CODE

CRIM. PROC. art. 11.07 (West 2015), and would show the following:

I.

On January 11, 2011, the applicant was convicted by a jury of the felony offense ·

of credit card abuse in cause number 1276450 in the 248thth District. Court of Harris

County, Texas. The trial court judge assessed the applicant's punishment, enhanced by

two prior convictions, at confinement for five (5) years -i-n' the Texas Department of

Criminal Justice- Institutional Division.

The Fourteenth Court of Appeal delivered an unpublished opinion affirming the

applicant's conviction on February 2, 2012. Canacfy v. State, No. 14-11-00073-CR, 2012

WL 354185 (Tex. App.- Houston [14th Dist.] 2012, no pet.) (mem. op:, not designated

for publication). The Court of Criminal Appeals dismissed the applicant's first~ second, and third

applications .for writ of habeas corpus, Cause Numbers 1276450-A, 1276450-B, and .

1276450-C on April 3, 2013, January 9, 2013, and July 10, 2013, ·respectively. The Court

of Criminal Appeals denied the applicant's fourth application for writ of habeas corpus;

Cause Number 1276450-D, on July 23, 2014. Ex parte Canac!J, WR-30,119-25 (Tex. Crim,

App. 2013); Ex parte Canacfy, WR-30,119-24 (Tex. Crim. App. 2013); Ex parte Canacjy, \"V'R-

30,119-26; Ex pmte Canacfy,\"V'R-30,119-31 (Tex. Crim. App. 2014).

II.

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 claims actual innocence of the enhancements and an illegal

sentence as his first and second grounds for relief in the instant application. Applicant's

Writ at 6-9. However, if a subsequent writ application is flied after final disposition. of an

initial application challenging the same conviction, the Court may not consider the merits

of or grant relief based on a subsequent application unless the application contains

sufficient specific facts establishing that:

(1) the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application flied under this article because the factual or legal basis for the claim was unavailable on the date the applicant flied the previous application; or ·

(2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.

2 TEX. CRIM. PROC. CODE ANN. art. 11.07 § 4(a) (\Vest 2015) (emphasis added).

The instant writ application was filed after the final disposition of the applicant's

first, second, third and fourth writ applications, cause numbers 1276450-A, 1276450-B,

1276450-C, and 1276450-D, wherein he challenged the merits of the conviction and

sentence in the primary case. The first, second and third applications were dismissed,

and the fourth was denied without written order by the Texas Court of Criminal

Appeals. In the instant application, the applicant fails to include sufficient specific facts

establishing that the current claims could not have been presented previously because the

factual or legal basis for the claims were unavailable; or that, by a preponderance of the

evidence, no rational juror could have found the applicant guilty beyond a reasonable

doubt. Therefore, the Court may not consider the merits of or grant relief based on the

instant writ of habeas corpus.

Based on the totality of the circumstances, the applicant's instant writ application

should be dismissed.

III.

The applicant raises questions of law and fact that can be resolved by the Court of

Criminal Appeals upon review of official court records and without need for an

evidentiary hearing.

3 IV.

Service has been accomplished by sending a copy of this instrument to the

applicant at the following address:

Warren Pierre Canady TDCJ-JD. #723784- Ellis· 1697 FM 980 Huntsville, TX 77343 ·

SIGNED this 14th day of September, 2015.

A~lly;;;:z Sheila Hansel Assistant District Attorney Harris County, Texas· 1201 Franklin, Suite 600 Houston, Texas 77002 Texas Bar ID #24078624 (713) 274-5985 (713) 755-5240 (fax)

4 CAUSE NO. 1276450-E

EX PARTE § IN THE 248th DISTRICT COURT

§ OF

WARREN PIERRE CANADY § HARRIS COUNTY, TEXAS Applicant·

CERTIFICATE OF COMPLIANCE UNDER TEX. R. APP. 73.1(0

The State of Texas, through its Assistant District Attorney for Harris County, file_s

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 Stat~ certifies that the number of words in the State's Original Answer is 826.

Signed this 14TI-I day of September, 2015.

Respectfully Submitted,

~d~~svL Sheila Hansel Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 274-5985 Texas Bar# 24063791

FIL~D Chris Dante\ District Clerk

SEP 151.0\5

5 .•·. .

., .•::

STA.Te Of' TEXAS COUNT'-{ OF HARRIS SHARON KELLER ABEL ACOSTA PRESIDING JUDGE COURT OF CRIMINAL APPEALS CLERK (512) 463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS CHERYL JOHNSON AUSTIN, TEXAS 787I1 SIAN SCHILHAB MIKE KEASLER GENERAL COUNSEL (512)463-1600 BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES

·october 14,2015

Warren P. Canady #723784 Ellis Unit 1697 FM 980 Huntsville, TX 77343

RE: Trial Court Case #1276450-E

Dear Mr. Canady:

After a thorough search of our records, we find that you do not have a Writ of Habeas Corpus filed in the Court of Criminal Appeals at this time. If you have any further questions or concerns, please direct them to the District Clerk in the convicting county where you originally filed the application.

I am herewith returning your documents.

AA/kd Enclosure

SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM I 06, AUSTIN, TEXAS 78701 WEBSITE WWW.CCA.COURTS.STATE. TX. US