Charles, Derrick Dewayne

CourtCourt of Appeals of Texas
DecidedMay 22, 2015
DocketWR-67,717-01
StatusPublished

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Bluebook
Charles, Derrick Dewayne, (Tex. Ct. App. 2015).

Opinion

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Texas Department of Criminal Justice

Brad Livingston Executive Director

May 18, 2015 RECEIVED IN The Honorable Chris Daniel COURT OF CRIMINAL APPEALS Harris County District Clerk 201 Caroline Suite #420 MAY 212015 Houston, Texas 77002

Abel Acosla, Clerk RE: DERRICK DEWAYNE CHARLES #TDCJ #999451

Dear District Clerk:

Enclosed is the Return of the Director of the Texas Department of Criminal Justice Correctional Institutions Division, of the Death Warrant pertaining to DERRICK DEWAYNE CHARLES, issued in the 184th District Court of Harris County, Texas on November 10, 2014, which was carried out on May 12, 2015. Also enclosed is the Certificate with the director's statement of compliance with the command of the warrant. The certificate also indicates the disposition of the remains as required by Article 43.23 of the Texas Code of Criminal Procedure.

Sincerely,

Carla M.Willis Deputy General Counsel OFFICE OF THE GENERAL COUNSEL

cc: The Honorable Gregg Abbott, Governor The Honorable Ken Paxton, Attorney General Louise Pearson, Clerk, Court of Criminal Appeals Kelly Enloe, Chairman, Classification & Records, TDCJ

CW/cf Attach

Our mission is toprovide public safety, promote positive change inoffender behavior, reintegrate offenders into society, andassist victims of crime. Office of the General Counsel Sharon Felfe Howell, General Counsel- sharon.howeIl@tdcj.texas.gov P.O. Box 13084Capitol Station P.O. Box 4004 Austin, Texas 78711-3084 Huntsville, Texas 77342-4004 Phone (512) 463-9899, FAX (512) 936-2159 Phone (936) 437-6698, FAX (936) 437-6994 <•

RETURN OF THE DIRECTOR OF THE INSTITUTIONAL DIVISION

Came to hand, the 27th day of May, 2003 and executed the 12th day of May, 2015 by the death of DERRICK DEWAYNE CHARLES.

DISPOSITION OF BODY:

DATE: mOmV id^OlS

TIME: (p\^)\j> fiY^

William Stephens, Director

Texas Department of Criminal Justice Correctional Institutions Division CERTIFICATE

I hereby certify that theDeath Warrant inthecase of The State ofTexas vs. DERRICKDEWA YNE CHARLES issued in the 184th District Court ofHarris County, Texas on November 10, 2014 and was executed according to the laws of the State of Texas on May 12, 2015. The death of DERRICK DEWAYNE CHARLES was caused byintravenous injection oflethal substances atthe HuntsviUe Unit of the Texas Department of Criminal Justice-Correctional Institutions Division at lg '» o L? p.m. on May 12, 2015. The body ofthe deceased was given into the custody of Carnes Funeral Home agent for the requesting relative. This Certificate and Return of Warrant (enclosed) is in compliance with Article 43.23 of the Texas Code of Criminal Procedure.

William Stephens, Director Texas Department of Criminal Justice Correctional Institutions Division

SUBSCRIBED AND SWORN TO BEFORE ME this the 12th day of May 2015.

\ CONNIE E. , f\ WEIGH ; -; I Notary Public. State of Texas - >y My Commission Expires # / 11-06-2017 *

Notary without Bond NOTARY PUBLIC, Walker County, Texas

My Commission expires: \ 1 - OL? - 2-Ot1 CAUSE NO. 941969 If STATE OF TEXAS § IN THE 184TH DISTRICT COURT

V. § OF

DERRICK DEWAYNE CHARLES § HARRIS COUNTY, TEXAS

EXECUTION ORDER

This Court, having received the Mandate from the Court of Criminal Appeals

affirming ihe Defendant's conviction,in the.abo.ve.iStyled.and-numbered cause and having

received notice that the Court of Criminal Appeals has denied habeas relief in the

defendant's initial petition for writ of habeas corpus, cause no. 941969-A, now enters the

following order:

IT IS HEREBY ORDERED that the Defendant, DERRICK DEWAYNE

CHARLES, who has been adjudged to be guilty of Capital Murder as charged in the

indictment and whose punishment has been assessed at Death by the verdict of the jury and

judgment of the Court, shall be kept in custody by the Director of the Institutional Division

of the Texas Department of Criminal Justice at HuntsviUe, Texas until Tuesday, the 12th

day of May, 2015, upon which day, at the Institutional Division of the Texas Department of

Criminal Justice at HuntsviUe, Texas, at some time after the hour of 6:00 p.m., in a room

arranged for the purpose of execution, the said Director, acting by and through the

executioner designated by said Director as provided by law, is hereby commanded, ordered

and directed to carry out this sentence of death by intravenous injection of a substance or

substances in a lethal quantity sufficient to cause the death of the said DERRICK

DEWAYNE CHARLES and until the said DERRICK DEWAYNE CHARLES is dead,

such procedure to be determined and supervised by the said Director of the Institutional Division ofthe Texas Department of Criminal Justice.

The Clerk of this Court shall issue and deliver to the Sheriff of Harris County,

Texas, a Death Warrant in accordance with this Order, directed to the Director of the

Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas,

commanding him, the said Director, to put into execution the Judgment of Death against the

said DERRICK DEWAYNE CHARLES. The Sheriff of Harris County, Texas is hereby

Ordered, upon receipt of said Death Warrant, to deliver said Death Warrant to the Director

of the Institutional Division of the Texas Department of Criminal Justice, HuntsviUe, Texas.

SIGNED AND ENTERED this 10th day ofNovember, 2014.

AN KROCKER Presiding Judge 184th District Court Harris County, Texas CAUSE NO. 941969

DEATH WARRANT

STATE OF TEXAS IN THE 184TH DISTRICT COURT

V. OF

TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND TO THE SHERIFF OF HARRIS COUNTY, TEXAS:

On the 6th day of May, 2003, the above-named defendant, in the above-styled and numbered cause, was convicted of the offense of capital murder. On the 14th day of May, 2003, the Court sentenced the above- named defendant to death in accordance with the findings of the jury, pursuant to the Texas Code of Criminal Procedure.

The Court, having received the Court of Criminal Appeals' mandate affirming the above-named defendant's conviction for capital murder and having received notice of the Court of Criminal Appeals' denial of the defendant's initial application for writ of habeas corpus, if such application was timely filed, sentenced the above-named defendant to death for the offense of capital murder and ORDERS that the execution be had on Tuesday, the 12th day of May, 2015, at any time after the hour of 6:00 p.m. at the Institutional Division of the Texas Department of Criminal Justice at HuntsviUe, Texas.

The Sheriff of Harris County, Texas, is hereby commanded to transport the defendant to the Institutional Division of the Texas Department of Criminal Justice and deliver the defendant, if not already in the custody of the Institutional Division of the Texas Department of Criminal Justice, and this warrant to the Director of the Institutional Division of the Texas Department of Criminal Justice for the purpose of executing this warrant, and to take from the Director the proper receipt for the defendant, if not already in the custody of the Institutional Division of the Texas Department of Criminal Justice, and the sheriff will return the receipt to the office of the District Clerk of Harris County, Texas.

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