Davis, Michael Lee

• Court: Court of Appeals of Texas
• Decided: May 11, 2015
• Docket: WR-65,167-18
• Status: Published

Opinion

May 8, 2015

Michael Davis #933173 Allred Unit 2101 FM 369 North Iowa Park, TX 76367-6568

Clerk Texas Court of Criminal Appeals P.O. Box 12308, Capitol Station Austin, TX 78711

Dear Clerk:

Enclosed for filing is my "Applicant's Application For Writ of Manaqmus." ·

Please file it with the Court in the normal course of business.

Thank you.

Respectfully,

M,,(J~ Michael Davis Movant pro se

RECEIVED \~! COIJ~T Of CRrtJ.Ii\V1 APPEALS MAY. 1 1.2C~S

Ab~ ~~costa, Clerlt' CAUSE NOS. 331288, 331289 & 331549

MICHAEL DAVIS, § IN THE 228TH DISTRICT COURT

Applicant §

~- § ~

HONORABLE MARC CARTER, §

Respondent § HARRIS COUNTY, TEXAS

APPLICANT'S APPLICATION FOR WRIT OF MANDAMUS

TO THE HONORABLE COURT:

COMES NOW Michael Davis, applicant pro se in the above styled and numbered

causes and files this Application For Writ of Mandamust pursuant to Texas Rules

of Civil Procedure 'Rule 18(a) and Texas Rules of Appellate Procedure (50)(d),

and would show this Court the following:

I. PARTIES

Applicant Michael Davis #933173 is an offender incarcerated in the Texas

Department of Criminal Justice James V. Allred Unit at 2101 FM 369 North, Iowa

Park, Texas 76367-6568 in Wichita County, Texas.

Respondent is a state district judge.in the 228th District Court of Harris

County whose address is Criminal Justice Center, 1201 Franklin St., 16th Floor,

Houston, Texas 77002.

II. FACTS

Applicant has exhausted his remedies and has no other adequate remedy

at law.

The act sought to be co~pelled is ministerial, not discretionary. Applicant

has filed several motions with respondent in which applicant sought an order

compelling the Harris County District Clerk to sell applicant a copy of the

written plea agreement executed in this case. The clerk has refused to sell

applicant a copy of this written plea bargain agreement and respondent has

refused t~ rule on applicant's motion. The state has materially breached and continues to materially breach this

plea bargain agreement by assigning applicant to the maximum security James V.

Allred Unit rather than the minimum security Diagnostic Unit. (now known as the "

Byrd Unit), to wit:

"In addition, [applicant] was guaranteed his sentence would be spent

in the Diagnostic Unit of the Texas Department of Corrections •.• "

(emphasis added). Janecka v. State, 823 S.W.2d 232,234 n.3 (Tex.

Crim.App.l990).

Applicant is still serving this sentence; the clerk has refused to furnish

or sell applicant a copy of this agreement and applicant's attorney stated that

he does not have a copy. Applicant cannot establish his right to relief without

a copy of this written plea bargain agreement, which was signed by the trial

judge, District Attorney, several assistant district attorneys and others.

Applicant cannot appeal a non-ruling by respondent and seeks this Court's

intervention in order to obtain such a ruling or other relief.

III. RELIEF REQUESTED

Applicant respectfully requests this Court to order respondent to make a

ruling on applicant's motion for access to the trial record or to take other

action that would permit applicant to obtain a copy of the written plea bargain

agreement executed in this case. Applic~nt also requests a suspension of the rules.

Respectfully submitted,

Michael Davis #933173 Applicant pro se Allred Unit-2101 FM 369 North Iowa Park, TX 76367-6568 \

2 CERTIFICATE OF SERVICE

I hereby certify that a true.and correct copy of my "Applicant's.

Application For Writ of Mandamus" has been mailed, by first-class mail, postage o·rtr prepaid, to the following on this the o day Of ;VI trt t 2015:

Clerk Honorable Judge Texas Court of Criminal Appeals 228th District Court P.O. Box 12308, Capitol Station Criminal Justice Center Austin, TX 78711 1201 Franklin St., 16th Floor Houston, TX 77002

Michael Davis Movant pro se

3 EXHIBIT 1 ,.····

April 20, 2015

NichaaJ.. Dav:i.s #933173 Allred Unit 2101 Ff,1 369 North !oiva Park, 'IX 76367-6568

LTudge 223th District COUJ:'t Criminal . :rustice Center 1201. Franklin St., 16th Floor Houston, TX 77002

RE: CAUSE NOS. 331288, 331289 & 3315 ..19 D!WIS V. S'I'A'l'E

Dear Jud::Je:

On or about f·1arch 20, 2015 I fih~d my "ll1ovant' s Motion For Acc~'!SS 1'o The

Tr-ial l~•::corcl" Hith the Court. 'I'o dctte I have not received a copy of your

decision.

vJould you J:.>lease hold a hearing on this motion and notify me of your

decision?

•rhank you.

(v1. J/c:e._'- - Michael Davis ..,

EXHIBIT 2 ' ..-.

March 20, 2015

Michael Davis #933173 CAUSE NOS. 331288, 331289 & 331549 Allred Unit 2101 FM 369 North DAVIS V. TEXAS Iowa Pat"lc, TX 76367 /.

Judge 228th District Court Criminal Justice Center 1201 Franklin St., 16th Floor Houston, TX 77002 Dear Judge: Enclosed for your decision is my "Movant's Motion For Access To The Trial Record." Please notify me of your decision at your convenience. Respectfully,

f'l-~~ Michael Davis r1ovant pro se . .~

EXHIBIT 3

~USE NOS. 331288, 331289 & 331549

MICHAEL D.ZWIS I § IN THE 228TH DISTRICT COURT

Movant §

vs. § OF

THE STATE OF TEXAS §

Respondent § HARRIS COUNTY, TEXAS r-DVANT'S MOTION FOR ACCESS TO THE TRIAL RECORD 'lD THE HONORABLE COURT: Movant Michael Davis, pro se files this motion and in support would ~how:

r1ovant seeks access to the vJritten plea bargain executed in this case. Movant was convicted in the above cause numbers and executed a written plea bargain agreement with the State of Texas. This written plea bargairi agreement provided, in part, that movant would serve his entire sentence at the TDCJ Diagnostic Unit. Janecka v. State, 823 s.v1.2d 232,234 n.3 (Tex.Crim.App.l990} ("In addition, [movant] was suaranteed his sentence would be spent in the Diagnostic Unit cf the Texas Department of Corrections ••• ") (.emphasis added). The state materially breached, and continues to materially breach this agree- ment by assigning movant to the Jan~s v. Allred Unit instead. Movant is still serving this sentence and needs a copy of the written plea bargain agreement in

order to establish his right to relief. The clerk has refused to sell movant a copy of the agreement and movant's attorney stated that he does not have a copy. Wherefore, n~vant respectfully requests this ~ order the clerk to sell movant a copy of the agreement or provide him one at the clerk's expense.

Res~ubmitted, M.. ~icha~l Davis #933173 Movant pro se Allred Unit-2101 FM 369 North Iowa Park, TX 76367-6568 \. \ EXHIBIT 3 (Page. 2)

CERTIFICATE OF SERVICE

I hereby cettify that a true and correct copy of my "Movant 1 s Motion For

Access To The Trial Hecord" has been mailE:d by first-class U.s. Mail, 'postage:

pref)aid, to the follm..1ing on this the :J-.(} 7"1'1 day of _.!,../VI_,t-;_1'-_<:!..._·_11 _ _ _ , 2015:

Judge 228th District Court Crirr.inal Justice Center 1201 Franklin St., 16th Floor Houston, TX 7700?.

Michael Davis