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testing. See Reger v. State, 222 S.W.3d 510, 512-13 (Tex. App.—Fort Worth 2007, pet. ref d); Hooks v. State, 203 S.W.3d 861, 866 (Tex. App.—Texarkana 2006, pet. ref d). Accordingly, we do not entertain Appellant's challenges to his original conviction.
For the foregoing reasons, we overrule Appellant's three issues challenging the district court's decision to deny his request for DNA testing and his request for the appointment of new counsel.
This Court's Ruling
We affirm the order of the trial court.
JOHN M. BAILEY
JUSTICE
February 27, 2015 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.
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Law Offices of Alex B. Eyssen, pllc Post Office Box 3321 Abilene, Texas 79604 www.eyssenlaw.com
Alex B. Eyssen Telephone: (325) 267-6030 Alex@eyssenlaw.com Facsimile: (325)267-6031
August 28, 2012
Daniel Dominguez #1355966 Nathaniel Neal Unit 9055 Spur 5.91 Amarillo, Texas 79107
Re: Cause No.1S674-B; State of Texas vs. Daniel Dominguez
Dear Mr. Dominguez:
I am in receipt of your letter dated August 20, 2012. Please be advised that it is not my custom or typical practice to respond to each and every letter I receive from my clients. Rather, I generally respond if and when there is an update.
The issue we are facing is (l) whether any DNA evidence exists that is in possession of the State and (2) whether any DNA evidence exists from another case.
*
First, I have requested an official response from the District Attorney. I have been told that the District Attorney is preparing a response to our request to determine whether any DNA evidence was taken, preserved, and available for testing. I expect a written response any day. In speaking with the Assistant District Attorney regarding this matter, I anticipate the response will be to the effect that no DNA evidence exists. As soon I as receive a response, I will let you know. Given that over 60 days has passed for the State to respond, I will file a Motion requiring the State to respond if none is received within the next couple of days.
Second, I have requested that I be permitted to inspect the file related to Cause 50S4-CX. That case file is considered a "closed" file. Thus, I have to obtain permission from the 326th District Court in order to inspect said file. Prior to being permitted to review the file, the District Judge first has to review the file and then contact the parties involved to allow them the opportunity to object. This includes the "victim". The Judge will let me know if and when I can inspect the file. I fully anticipate the Court will allow me to inspect the file, however, if access is denied, then we can discuss our other remedies to gain access to the information contained therein.
In addition, I have obtained and reviewed your entire Court file regarding Cause No. 1S674-B. For your convenience, I have enclosed a copy herein.
Abilene Office Anson Office 802 Mulberry 311N. Commercial Abilene, Texas 79601 Anson, Texas 79501
In addition, I should inform you that on October 1, 2012, I will be closing my law practice. I have accepted a full -time position with a long time client. That job begins in October. I will continue to act as your attorney until the Court appoints you another attorney. On Friday, September 21st at 4 p.m., the Court will determine who will assume the responsibilities of handling my court appointed'cases, such as yours. My goaj is to continue to work on your case in the meantime so as to not cause any delay. In addition, once a new attorney is appointed, I will coordinate and cooperate with that person tofacilitate the transition.
I will keep you advised of any updates.
Very truly yours,
f AlexBE
**
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CAUSE NO. 5034-CX % ft/ft "
^
IN THE INTEREST OF ^ § *22*Lf"3 s° ^ W^ttfiS^CT COURT OF
DIAN/FLORES, § ^^^XYt(»^teTY, TAYtQR^JjNTY, TEXAS
§
HELD § 326TH JUDICIAL DISTRICT
PERMANENCY PLAN AND PERMANENCY PROGRESS REPORT
The Texas Department of Protective and Regulatory Services presents this report to the Court to enable the court to review both the permanency plan for the children the subject of this suit and the progress that has been made toward ensuring that a final order consistent with this planis rendered before the date for dismissal ofthe suit.
The Department was appointed Temporary SoleManaging Conservator ofthe children on May 22,2000. The children cameinto conservatorship for the following reasons:
Diana Flores made an outcry that her stepfather, Daniel Dominguez raped her four times. Initially the investigator asked the mother to allow Diana to live with her grandmother until the investigation was completed. Mother and stepfather did not want her to be away from home so the child was removed from the home. Daniel Dominguez was arrested and Diana was allowed to go back to the home to complete summer school Diana was to have no contact at all with Mr. Dominguez and she would be removed if he got out of jail and moved back home.
1. SUBJECT CHILDREN NAME OF CHILD DATE OF BERTH TYPE OF CURRENT PLACEMENT DIANA FLORES 11/09/85 OWN HOME
2. PERSONS RECEIVING THIS REPORT
FATHER: Deceased
MOTHER: Maria Flores 873 Sycamore St Abilene, TX 79602
CfeA^y-*3Q
PERMANENCY PLAN/PERMANENCY PROGRESS REPORT NAME: PAGE 2
ATTORNEY FORPETITIONER:
Assistant District Attorney Qenna Cordray 300 Oak St Abilene, Texas 79602
ATTORNEY AD LITEM FOR THE CHILD: Stanley Smith Attorney at Law P.O. Box 3579 Abilene, Texas 79604
ATTORNEY GARDIAN AD LITEM FOR CHILD Shane Deel Attorney at Law 1057 S. 3rt Abilene, Texas 796G2 A COPY HAS ALSO BEEN PROVIDED TO THE FOSTER PARENT OR DIRECTOR OF GROUP HOME OR INSTITUTION WHERE EACH CHILD IS RESIDING
RECOMMENDATION FORDISMISSAL OR CONTINUATION OF SUIT The Department recommends that this suit be continued. The Court: • has not yet set a dismissal date for this suit, and the Department recommends that the date for dismissal ofthis suit be,_ .
__H has pieviuuiJy set die diauiasal ddie fui Qua suit as May 2S^ZUi r which is consistent with the current permanency plan.
• has previously set the dismissal date for this suit as which is not consistent with the current permanency plan. The Court nas not yet granted a dismissal extension under TFC § 263.401 and the Department recommends that anew dismissal date be set for An extension of the date for dismissal of this suit under TFC §263.401, has not been previously granted inthis case.
SERVICE
PERMANENCY PLAN/PERMANENCY PROGRESS REPORT NAME: PAGE 3
All parties have been served.
5. COMPLIANCE WITH TEMPORARY ORDERS AND WITH THE SERVICE PLAN
5.1 SUMMARY OF ACTIONS TO BE ACCOMPLISHED BY PARENTS
Maria and Diana Flores were to have a psychological evaluation. Home studies were to be done on family members interested in having Diana live with them. Maria, Diana, Cindy and Melinda will all participate in individual counseling and family therapy as necessary.
52 EVALUATION OF COMPLIANCE
Maria and Diana have both had psychological evaluations. Home studies were ordered on Maria's grandmother, but the grandmother would miss her appointments and did not cooperate with the worker doing the home study. They all attended counseling until B.J. -
—^ Mayben dismissed Cindy and Melinda from care and later dismissed Maria. Diana continued counseling until B.J. Mayben dismissed her --> becausef^shTwould not discuss the~sexual abused Each time the counselortried to get her to work through thejjrobJejrLflfthe sexual -» abuse, she would change the subject. Dianadold worker;that her _* mother and sisteg flri, nnjjrsJn infhjence her in regard to the court <~ case. HoweverflHana refused to testifyfend told this worker that she J^did not want to seeDanlel Dominguez go to jaU because itwould upset her mother and sisters. Maria, Cindy and Melinda have telephone calls with Mi. Duiuhiguttz. Diana has no contact whatsoever Willi Mr. Dominguez.
EoU j^* /^~~^. Diana Flores is pregnant and due the first of June. She has prenatal y^^ care. *T 53 SUMMARY AND EVALUATION OF ACTIONS TAKEN BYTHE DEPARTMENT PURSUANT TO COURT ORDERS AND THE SERVICE PLAN, INCLUDING REASONABLE EFFORTS TO PURSUE THE PERMANENCY PLAN FOR THE CHILDREN. The Department has arranged and paid for psychological evaluations for both Diana and Maria Flores. The Department has arranged and
PERMANENCY PLAN/PERMANENCY PROGRESS REPORT NAME: PAGE 4
paid for counseling for Diana and Maria Flores and Cindy and Melinda Dominguez. Maria Flores has not completed parenting classes as ordered by the court but has discussed parenting issues with therapist
54 PROGRESS MADE TOWARD ALLEVIATING ORMITIGATING THE CAUSES FOR THE CHILDREN'S REMOVAL FROM THE HOME
Daniel Dominguez received sixyears probation and is now currently living with his sister at3649 Swenson her in Abilene. There is still a protective order in affect where Mr. Dominguez is not to go within 200 yards of the house at 873 Sycamore orthe children's schools. Maria stated that she will not allow him to move back into the home. Maria and Diana have attended counseling. This worker has not seen any discourse between the motherand Diana or Diana and her sisters.
EVALUATION OF THE CHILDREN'S CURRENT PLACEMENT
6.1 PLACEMENT HISTORY
Name Type of placement Date placed
Diana Flores Basic Care foster home 05/22/00 Diana Flores Home 06/21/00
6.2 APPROPRIATENESS AND SAFETY OF CURRENT PLACEMENT AND PROGRESS IN MEETING CHILD'S NEEDS
Diana is in the most appropriate placement, her home. It is safe as long as Daniel Dominguez does not return home.
6.22 Least Restrictiveness
The placement is the least restrictive becauseshe is placed in the home with her mother and sisters.
6.222 APPROPRIATENESS OF ANY INSTITUTIONAL PLACEMENT N/A
6.23 Close Proximity
PERMANENCY PLAN/PERMANENCY PROGRESS REPORT NAME: PAGE 5
N/A
6.232 APPROPRIATENESS OF ANY OUT-OF-STATE PLACEMENT N/A
6.3 CONTINUED NEED FOR PLACEMENT IN SUBSTITUTE CARE N/A
DESCRIPTION OF THE CHILD'S CURRENT PERMANENCY PLAN(S) The permanency plan for the child is: El Family Reunification
D Permanent Placement withRelative • Transfer of Conservatorship D Adoption
• Permanent Placement with Non-Relative D Transfer of Conservatorship D Adoption
• Foster care with long term commitment from foster family or facility D Foster care with no long term commitment from foster family or facility D Other Irving arrangement:
[describe] »
• Independent Living (child will be able to Uve on his or her own and successfully manage his orher personal affairs.)
D Long Term Care in Adulthood (placement in an institution as an adult due to a disability) • with guardianship • without guardianship
The approximate date for the achievement of this permanency plan - child is currently living inthe home.
PERMANENCY PLAN/PERMANENCY PROGRESS REPORT NAME: PAGE 6
8 PLANS SERVICES, AND FURTHER TEMPORARY ORDERS NEEDED TO MEET THE CHILD'S NEEDS FOR SAFETY AND PERMANENCY AND TO ENSURE AN APPROPRIATE FINAL ORDER
81 IF THE PLAN IS REUNIFICATION, THE STEPS TO BE TAKEN TO HAVE THE' CHILD RETURN HOME AND REACH A LEGAL RESOLUTION REGARDING THECASE.
Diana is currently living with her mother. Daniel Dominguez received six years probation and is currently living with his sister at 3649 Swenson.
8.5 ADDITIONAL SERVICES AND ORDERS RECOMMENDED N/A
RESPECTFULLY SUBMITTED BY:
'<4,~o\
% WttM* Norma Campbell \ &*%* DATE
1-4 -^r DATE
/-N
Case Name: Flores.Maria c Case #: 24046532 3 FAMILY SERVICE PLAN
Cover Sheet II: Family Preservation IDENTIFYING INFORMATION Date of Participation Date Plan Completed Name(s) of Parents Maria Flores . Daniel Vasquez Dominguez 2/21/2001 3/5/2001 Month/Year of Next Review Child(ren)'s Name(s) . Diana Flores TMelinda Dominguez TCindy Dominguez 6/2001
PURPOSE OF THIS PLAN •^^^'y^^^^^^^^s^s^m
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EVALUATION OF PROGRESS CPSwill evaluate your progresswith you on the basis of:
• your successful achievement ofthe goals stated in this plan; • your successful completion ofthe tasks in this plan; and • your ability to provide for the ongoing safety and well-being of your children Information for this evaluation may come from any of the following sources:
• you and members of your family; • CPS staff who have worked with you; • the initial report or future reports of child abuse or neglect; and • other agencies, individuals, and community professionals Parents'Comments: ».. •
Name of Contact Person Telephone Contact Person - For information Norma Jean Campbell 115) 691-8117 Ext about your children, please contact
Signature • Parent Date
Signature-Parent Date *" SignatyrtT-Supervisor
If the parents did not participate !ndeveloping thisplan, explain:
Date CPS gave or mailed a copy of this plan to the parents:
Printed: TX Dept. of Protective and Regulatory Services Page: 1 3/6/2001
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Case Name: Flores.Maria Case#: 24046532
FAMILY SERVICE PLAN
YOUR RIGHT TO REQUEST A REVIEW You may request areview ofthis plan at any time. You may also request an ad™M*™toe™\woTa frir hearingif CPS denies, reduces, or terminates protective services that you have requested, or does not act promptly on your request for protective services.
pnnted: TX Dept. of Protective and Regulatory Services Page: 2 3/6/2001
^s
Case Name: Flores.Maria Case #: 24046532
FAMILY SERVICE PLAN
Family Problems, Strengths, and Changes Needed
LIST THE REASONS FOR CPS INVOLVEMENT:
___ • __ _^ "7 ^DiarraFlores was_sexuajjy_abused-by her stepfather, Daniel Dominguez^ Maria Flores did not provide protecUonfor her daughter which resulted'in her removal. Mr. Dominguez was arrested, and Diana was returned to the mother's care.
LIST THE UNDERLYING PROBLEMS CONTRIBUTING TO THE RISK OF ABUSE OR NEGLECT:
• Diana Flores is young and irresponsible. • Parent did not protect the child from abuse.
LIST THE FAMILY STRENGTHS AND RESOURCES:
The family has been cooperative with services and worker since Mr. Dominguez was arrested.
Maria Flores has employment. There is extended family support. The mother appears to love her children, and they are bonded.
SERVICE-PLAN GOALS CHANGES NEEDED TO REDUCE RISK What specific behavior(s) and condition^) will demonstrate that the problems contribution to risk have been satisfactorily addressed and that the risk has been reduced?
—^ • Maria Flores will see that Diana follows medical advlcesregarding her pregnancy/) She will make sure that Diana is enrolled in WIC and follows hjsrjjrenatal Ins^ru^ioWTromihTdoctor.^. <3- • Parent will demonstrate the ability to protecTchlkTfrom future abuse, and will show concern for child's future'safety."
EMERGENCY CONDITIONS
PRS has determined that one of the following emergency conditions continues to exist for this case and, therefore, services continue to be necessary:
1) A child Is at risk of abuse or neglect, as determined by PRS; -2)—ft-chlk1 has been removed from his/her home-anrlpracwJ In PRS care; or — 3) A child formerly in PRS care is at-risk of being returned to PRS care.
Tasks and Services for the Family
Printed: TX Dept. of Protective and Regulatory Services Page- 3 3/6/2001
Flores.Maria
I Case
Ca: Name:
Case #: 24046532 1 FAMILY SERVICE PLAN
S^Sonstrate the ability to protect child from future abuse, and will show concern for child's future safety. . II CPS/Other Service " ~ "
Family Task Discuss with family Cooperate Maria will cooperate with the Protective Order and Worker will discuss with the family the she will not allow Daniel Dominguez to come to the consequences Protective
if Daniel Domingues breaks the Order.
house at 823 Sycamore ortake Diane anywhere Daniel Dominguez is present.
CourtOrdered: Yes WWW* V I w w . ™ '
Court Ordered: Yes Beginning and Ending Date (and/or Frequency) Beginning and Ending Dates (and/or Frequency)
03/01 to 06/01 .
03/01 to 06/01 Method of Evaluation: Discussion with family
fSS3Sonstrate the ability to protect child from future abuse, and will show concern for child's future safety. CPS/Other Service ~~ Family Task Monitor and support Cooperate
Maria Flores will not allow any contact of any kind Worker will monitor the home for compliance and between Daniel Dominguez and Diana Flores, support the family. including phone calls or letters. Maria Flores will not allow Daniel Dominguez to live in thesame home with Diana Flores. She will report to CPS if Daniel Dominguez breaks the Protective Order.
Court Ordered: No
Court Ordered: Yes Beginning and Ending Date (and/or Frequency) Beginning and Ending Dates (and/or Frequency)
03/01 to 06/01
03/01 to 06/01 Method of Evaluation: *„m|iu Monitoring inthe home and discussion with family
-^ MaTiiRcSiill see that Diana followsjmtdj^^ -^ a™£i£rssTwic and» ^ ^ Family Task-
•CPS/Other Sarvrira-
,he doctor- ^ .make=
sun
Discuss with family
Get medical help » .
Maria Flores will see that Diana Flores has medical Worker will discuss with the family the different programs that Diana can access to help her i*a.
help through out her pregnancy.
ithrough her pregnancy.
Court Ordered: No
Court Ordered: No Beginning and Ending Date (andfor Frequency) Beginning and Ending Dates (and/or Frequency)
03/01 to 06/01
P3/01 JfT 06/QL Meffiodof Evaluation: contact with the doctor
Page: 4
Printed:
TX Dept. of Protective and Regulatory Services 3/6/2001
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