Henderson, Randy

Opinion

Randy Henderson #1170754

George Beto Unit

1391 FM 3328

Tennessee Colony, TX 75880

July 28, 2015 ~·. ~~yl~:t[j) ~~ ee.~r Bf' C'F<Y~j(j~I~IIJI'PEALS In the Court of Criminal Appeals r:.u§ oa 2u15 . ·~

Of Texas Austin, Texas

RE: Writ of Mandamus

Dear Honorable Acosta: Please find enclosed my writ of mandamus and unsworn declarat'ion. Please bring these instruments to the attention of the court.

Thank you for your time and attention to this matter.

Sincerely,

tl:

fffi. ..1\.... \\o ..:b.~a l\''1oJ.S'=\ \

Randy Henderson, Pro se TDCJ-CID NO. 1170754 1391 FM 3328 Tennessee Colony, TX 75880

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

CAUSE NO.

RANDY HENDERSON, Relator

v.

HONORABLE LEON F. PESEK, JR, JUDGE, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 03-F;...0146-202 · FROM BOWIE COUNTY, TEXAS.

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, Randy Henderson, Relator in the above sytled and numbered cause, and files this Writ of Mandamus. Relator will respectfully show as follows:

I.

RELATOR

Randy Henderson, TDCJ-CID NO._ 1170754, is. an offender incarcerated in the Texas Department of Criminal Justice and is appearing pro se, who can be located at: George Beto Unit, 1391 FM 3328, Tennessee Colony, Texas 75880- 5000.

The act sought to be compelled is ministerial; not discretionary in nature .

II. RESPONDENT

Respondent, Honorable Leon F. Pesek, Jr., in his capacity as District Judge of Bowie County, Texas has a ministerial duty to provide notice regarding Relator's Motion for Judgment Nunc Pro Tunc Order filed on or about Octo-

2

ber 20, 2014, regarding the errors induced in his time calculation which adds a sentence without a judicial proceeding, thus, adversely effecting his parole.

III.

ADEQUATE LEGAL REMEDY

Relator has "no other adequate legal remedy."

IV. SENTENCE

Relator was sentence in 5 counts of his indictment on or about May 1, 2003. Count 1, an eight year sentence and count 3, 4, and 5, 15teen year sentences were to run concurrently. Count 5 of the sentence were to run consecutively with count 6, count 6being a 20 year sentence. The total equates to a thirty-five (35) year sentence. See Exhibit A -Relator's Judgments.

v. PAROLE

The parole board granted Relator parole on or about July 7, 2014, in count§~: three and four to begin counts 5 and 6. A part of the problem is that .. ,

counts 3, 4, and 5 are concurrent. Therefore, the decision to grant parole should have been on the concurrent counts of 3, 4, and 5. See Exhibit B - Notice of Parole Decision .. State Counsel for Offenders acknowledged this on or about April 20, 2011. See Exhibit C - State Counsel for Offenders. Nicole Habersang, Assistant District Attorney, previously acknowledged this in her Motion to Dismiss filed on or about May 21, 2003. See Exhibit D - Motion to Dismiss.

When the parole board granted parole in counts 3 and 4 to start 5 and 6, the 5th count was stacked to 3 and 4. Counts 3, 4 and 5 should have been together as "ceasing to operate," and 6 was to start. When this occurred, a lSteen year sentence was added.

The State Counsel for Offenders, on or about September 30, 2014, response to Relator was contrary to their April 20, 2011 _·response. In their September letter, they stated that Relator's count 3 and 4 "cease to operate." They then added that counts 5, 7 and 6were to begin. See Exhibit E. Relator was found not guilty in court 7. See Exhibit F- Judgment. The State Counsel for Offenders then added that Relator's sentence begin date at February 27, 2GV4.

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VI.

APPEAL COURT'S RESPONSE TO ORIGINAL MANDAMUS Relator filed an original mandamus in the Sixth Court of Appeals at Texarkana , Appellate Cause Number 06-15~00034-CR, regarding the Motion for Judgment Nunc Pro Tunc Order he filed on or about October 20, 2014. The Sixth Court of Appeals denied Relator's mandamus on or about March 10, 2015, although they acknowledged, with.authority, that the "trial court abuses discretion by refusing to conduct hearing and render decision on motion." See Chiles v. Schuble, 788 S.W.2d 205, 207 (Tex. App. --:-Houston [14th Dist.] 1990).

The Sixth Court of Appeals misapplied the law by stating " ... this COurt cannot instruct. the trial court how to rule." See· In re Shaw, 175 S.• :W.3d 901, 904 (Tex. App. -:--Texarkana 2005). Relator never sought the Sixth Court of Appeals to "instruct the trial Court how to rule." Relator merely sought the Sixth Court of Appeals to order the trial court to afford him "Due Process" regarding his Motion for Judgment Nunc Pro Tunc Order. See Exhibit G - District Clerk's file Mark of Relator's Motion for Judgment Nunc Pro Tunc Order and also, Relator's Unsworn Declaration.

WHEREFORE, PREMISES CONSIDERED, Relator, for rea~on ·shown, moves the Honorable Court to issue mandamus, ordering the trial court to afford him hi9 due process right to be heard regarding his Motion for Judgment Nunc Pro Tunc Order.

Respectfully submitted,

\ Randy Henderson, Relator, Pro se

CERTIFICATE OF SERVICE

I, Randy Henderson, do hereby certify that a true and correct copy of Relator's Petition for Writ of Mandamus has been served by United States mail addressed to:

Honorable Leon F. Pesek, Jr. Bowie County District Judge

EXHIBIT A - RElATOR Is .JUDGMENTS

-. ·. '·

Cause No. 03-F-0146~.202 (90UNT ONE)TRJ\f 9027854769,,. ....;,_ "_ . . . . ·.. ~~/ 1.·!~ ;-·;·,:)~/

THESTATEOF TEXAS § V. .. § RANDY HENDERSON, § DEFENDANT SID: TX0415770~

JUDGMENT OF CONVICTION BY JURY;

SENT~NCE By~; JtJRY To INSTITUTIONAL DIVISION, TDCJ.

PATE 0F JUDGMENT: May 1, 2003· JUDGE PRESIDING: Bill Peek ATTORJ\"EY F<DR THE STATE: Nicole Habersang ATTORNEY FOR THE DEFENDANT: David Lasbford OFFENSE: Indecency .with a Child-Exposure ST A TUTE;FOROFFENSE: Article;22.11, Penal Code DEGRBE OF OFFENSE: Third Degree Felony · APPLICABLE PUNISHMENT RANGE

. COURT COSTS:

TOTAL AMOUNT OF RESTITUTION:

NAME AND ADDRESS FOR

RESTITUTION:

· DS4: Judgment ofC~mviction by Court; Sentence By Jury, Cause No. 03~F-0146~202; Page 1 of3 Pages .·.

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The Sex Offender Registration Requiie~ents under Chapter 62, CCP, apply to the:

Defendant. The age of the victim at the time of the'' offense waslO years old. ·

This sentence shall~ concurrent.

•

On the date stated. a?ovel the above numbered and ·entitled cause was regularly reached and called for trial, and the State 1appeared· by the attorney stated above, and the Defendant and the Defendant's attorney, a~ stated above; were also present Thereupon both sides announced ready for trial, and the De(endant pleaded not guilty and a jury, to wit: Derek Dwight. and eleven others, was duly sel~cted, impaneled and sworn. Having heard the evidence submitted and having been duly chai:g~d by the Court, the jury retired to consider their verdict. Afterward, being brought info open court by the proper officer, the Defendant; theDefendant's attorney, and the State's attorney beingp~esent, and being asked if the jury had agreed upon a verdict, thejury answered it hadand returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the: Minutes ofthe Court as follows: ·

We, the jury, find the defendant, RandyHen.derson, guilty of indecency with a child by exposure as charged in count one oftbe indictment. ·

Thereupon, the Def~ndant having previously elected to have the punishment assessed by the jury, p~eaded to the enh:ancement paragraphs, if any, as stated above, and theju:ry was. called back into the box and heard evidence related to the question of punishment. Thereafter,, the jury retired to consider such qJestion and, after having deliberated, the jury was brought back into open court by the proper 1 officer, the Defendant, the Defendant's attorney, and the State's attorney being present, and being asked if the jury had. agreed upon a verdict, the jury answered · it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes.'ofthe Court as follows:

We, tb.e jury, ha~ing. found the defendant Randy Hendcrs~n, guilty of indecency with a child. by exposure as charged in count one of the indictment, assess his punishment at confinement for 8 years in the Institutional Division of the Texas Department of Criminal Justice.

. .

A presentence inve~tigation report was not required or done.

· And thereupon the~Court asked the Defendantwhetherthe Defendant had.anything to say why said sentence should inot be pronounced upon said Defendant, and the Defendant answered nothing in bar thereof.· !Whereupon the Court proceeded to pronoWlce sentence upon said Defendant as stated above~ · '

lt is .therefore ORJPERED, ADJUDGED and DECREED by the Qowtthat the defendant is guilty of the offense s~ated above, the punishment is fixed as stated above, and the State of Texas do have and reco\:~er of said defendant all court costs in this prosecution expended, for which execution will issue. .

........ ····-·····.-·--···----

DS4: Judgment of; Conviction by Court; ,Sentence By Jury, Cause No; 03-F-0146~202; Page 2 of2 Pages

·-·.

It is ORDERED by ~he Court that the Defendant be.taken by the authorized agent of the State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the

1

. Director, lnstitutiona1 Div~sion- TDCJ, there ro be confined in the marmer and for. the period . aforesaid, and. the said defei;~dant is hereby remanded to the custody of the Sheriff of this county until such time a.S the Sheriff can obey the directions of this sentence.

The defendant is giv¢n credit as stated above on this sentence for the time spent in county jail. The Defendant also is qrdered to pay restitution to the person(s) named above in the amount specified above. '

Furthermore, the following special findings or orders apply:

Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court orders the Defendant to apply for an' original or renewed Texas Driver's License or personal

1

identification cenific~te not later than 30 days after release from confmernent or upon receipt of written notice from t~e Texas Department of Public Safety (DPS) and to annually renew the license or certificate. ln addition, DPS shall place an indication on the Defendant's driver's license or personal i~emification certificate that the Defendant is subject to the sex offender registration requiremynts. ln addition, the clerk of the court shall send a copy of this order to the DPS and to the Defen:dant.

THIS COUNT IS T,O RUN CONCURRENT WITH COUNTS 3, 4, 5 AND 6 .

. ~

Signed on the_}_~: - day of May, 2003.

Judge Presiding

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DS4: Judgment of ~onviction by Court; Sentence By Jury, Cause No. 03-F-0 146-202; Page 3 of 3 Pages

Ya,yy&.' '-' ~L L·rv\i£: ~· A_J).t"\- :· (, 7 · f- (I i 'd /o ', cX1Z- NAME ,f D"--PS-NlLJ-:-!_.,;..M_B_E_R_ CAUSE NUMBER .

---· I CERTIFY THAT THE AB'OVE CAPTIONED INMATE HAS;COMMITTED NO ~ERIOUS ACT OR MISCONDUCT WHI,_,E IN MY CUSTO~Y .

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I CE~TIFY THAT THE ~BOVE CAPTIONED INMATE COMMITTED SERlOUS, ACTS OF MISCONDUCT AS FOLLO\VS: .

INCIDENT . I DATE

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DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:

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Ct J·-<1 -c i.

TDCJ COORDINATOR I .

! .

I . ·.

;COUNTY SHERIFF DEPARTMENT ' I . . ~ . . .

THIS FORJvt SHOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS TRANSFERRED TQ THE TEXAS . DEPARTMENT OF I : I . ·. . .

CRIMINAL JUSTICE INSTITU'lliONAL DIVISION. .

·. A 1T: STATE READY DEPARTMENT

This page is attached hereto and made part hereof the judgment in this cause, p~uant to

Article 38.33 of the Texas Ct.>de of Criminal Procedures.

DEFENDANT'S RlGHT THUMBPRINT ,··;.:"·

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Cause No. 03-F-0146-,202 (COUNT THREE) TRN 9027~_54769 . ;· If :7" '""I r~ )'""' =~ • '":("'I' I ) ' )

. ' ·.· . . .. 11 ·: '.

THE STATE OF TEXAS § IN THE 202ND JJBICIA~ P:-1 1: 2 l v. § DISTRICT COURT OF ;. j ·. · ·

RANDY HENDERSON, § · BOWIECOUN~~ DEFENDANT

Sill: TX04157703

JUDGMENT OF CONVICTION BY JURY;

SENTENCE BYJlJRY To INSTITUTIONAL f?JVISION,.

TDCJ

DATE OF JUDGMENT: May 1, 2003 JUDGE PRESIDING: Bill Peek ATTORNEY :FOR THE STATE:. Nicole Habersang ATTORNEY FOR THE DEFENDANT: David Lasbford OFFENSE: Indecency witb a Child-Sexual Contact STATUTE FOR OFFENSE: Article 22.11, Penal Code .

DEGREE OF OFFENSE: Second Degree Felony ·.APPLICABLE PUNiSHMENT RANGE Second Degree 2-20 in prison/max $10,000 fine · @ciudipg enhancements; if any}: DATE OF OFFENSE: June 1, 2000 CHARGING INSTRUMENT: Indictment . PLEA TO OFFENSE: Not Guilty PLEA TO ENHANCEMENT Not Applicable P ARAGRAPH(S):

. VERDICT FOR OFFENSE: Guilty·.

FINDING ONiENHANCEMENT:·· NotApplicable AFFIRMATNE FINDING ON ·Not Applicable · DEADLY WEAPON: OTHER AFFIRMATIVE Not Applicable SPECIAL FINDINGS:

DATE SENTENCE IMPOSED: May lt 2003 .· ·..... PUNISHMENT A~ PLACE OF 15 years in the InstitutionalDivision-TDCJ, and a CONFINEMENT: $Nonefine '

TIME CREDIT]s:D TO SENTENCE: 06-27:..01 to 06-28-01 os..;Ol-03 to Present

COURT COSTS: $237.25

TOTAL AMOUNT OF. RESTITUTION: $None NAMEAND ADPRESS FOR

RESTITUTION:

· DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No.03-F·Ol46-202; Page 1 of3 Pages

. . The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the Defendant. The age of th~ victim at the time of the offense was 10 years old.

This sentence shall run concurrent.

On the date stated above, the above. numbered and entitled cause was regularly reached .and called for trial, and the State appeared. by the attorney stated above; and the Defendant and.

.

the Defendant's attorney, as stated above, were also present. Thereupon both sides announced ready for trial, and the Defendant pleaded ·not guilty and a jury, to wit: Derek Dwight, and eleven others. was duly selected,· impaneled and sworn. Having heard the evidence submitted and having been duly charged by the Court, the jury retired. to consider their verdict. Afterward, being brought into open coun by the proper officer, the Defendant, the Defendant;s attomey,and the State's attorney being present, and being asked if the jury had ,agreed upon a verdict, the jury to

answered it had and returned the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes ofthe Court as follows:

We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child by sexual contact as charged in count three oftht indictment.

Thereupon, the Defendant having previously elected to have the punishment assessed by.

the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called back into the box and heard evidence related to the question of punishment. Thereafter; the jury retired to consider such question and, after having deliberated, the jury was brought back into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney· being present, and being asked if the jury had ·agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud; received by the Court, and is now entered upon the Minutes ofthe Court as follows:

We, the jury, having found the defendant Randy Henderson, guilty of indecency with a child by sexual contact as charged in count three of the indictment, assess his punislJment at .confinement for 15 years in the I,nstitutional Division of the Texas Department ofCriminal Justice. . ·

A presentenceinvestigation report was not required or done.

And thereupon the Court asked the Defendant whether the Defendant had anything to say .why said sentence should no.t be pronounced upon said Defendant, and the Defendant answered nothing in bar thereof. ¥/hereupon the Court proceeded to pronounce sentence upon said Defendant as stated above. · · ·

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense stated above, the punishment is fixed as stated above, and the State of . . . I . . .

Texas do have and .recover of said defendant all court costs in this prosecution expended, for which execution will issue. ' · ·

. . . . DS4~ Judgment of Conviction by Court; Sentence By Jury, Cause No. 03~F-0146-202; Page 2. of3 Pages

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It is ORDERED by the Court that the Defendant be taken by the authorized a ent of the State· of Texas or by th~ Sheriff of this county and be safely conveyed and de live ed to the Director, Institutional D.ivision- TDCJ, there to be confined in the manner and -for e period. aforesaid, and the said de,fendant is hereby remanded to the clistody of the Sheriff oft s county until such time as the Sheriff can obey the directions of this sentence.

The defendantis given credit as stated above on this sentence for the time spen jail. The Defendant also is ordered to pay restitution to the person(s) named above in specified above.

Furthermore, the following special findings or orders apply:

Special DL for Sex Offender: Pursuant to article 42,016, Code of Criminal Proced e, the court orders the Defendant to apply for an original or renewed Texas Driver's License r personal identification certificate not later than 30 days after release from confinement or up receipt of written notice fron1 the Texas Department of Public Safety (DPS) and to annuali" renew the license or certificate. In addition, DPS shall place an indjcation on the Defenda t's driver's license or personal identification certificate that the Defendant is subject .to the s x offender registration requirements. In addition, the clerk of the court shall send a, copy of this order to the DPS and to the Defendant.

THIS COUNT IS; TO RUN CONCURRENT WITH COUNTS 1,4, 5 AND 6.

«

Signed on the )lo' .:. day of May, 2003.

DS4: judgment of Conviction by Court; Sentence By Jury, Calis~ No. 03-F-0146-202; Pa 3 of3 Pages

I

efu~·"Zr N. ~ 1'MQ t~~PS NuMBER 0 3 · E·~ c> ;y ~ " :;wz_ CAUSE NUMBER . ·

I CERTIFY THAT THE ABbVE CAPTIONED INMATE HAS COMMITTED NO SERIOUS ACTOR MISCONDUCT VlHILE IN MY ClJSTODY

I CERTIFY THAT THE ABOVE CAPTIONED INMATE C011MITTED SERIOUS A.CTS OF MISCONDUCT AS FOLLO\VS:

INCIDENT DATE

DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL.ORDER:

·QUI

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TDCJ COORDINATOR ~---COUNTY SHERIFF DEPARTMENT

THIS FORivl SHOULD ACCOMPANY ALLINMATES·COMMITMENT. PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF .CRIMINAL JUSTICE INSTITUTIONAL DIVISION.

' - ATI: STATE READY DEPARTf\1ENT

This page is attached hereto and made part hereof the judgment in this cause, pursuant to

Article 38.33 of the Texas Code of Criminal Proced'ures.

DEFEND.A.Nr•s RI\}HT THUMBPRINT

Cause No. 03-:F-0146-202 (COUNT FOUR) TRN 9027854-?~~L .- <··- _ • '·. • • ~ •' • • l ' ' : (\ 0 .. -~ [ .. ·~ ,..~~??..r-1

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THE STATE OF TEXA.S § IN THE202ND.JUDibtAL:.J p,·-1 lo: 21 v. § DISTRICT COUR,J~:OQ - -. -- _

RANDY HENDERSON~ § BOWIECOUNTY - '%1~

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DEFENDANT i - -~"' c.d'-~-- ~~ ,

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- SID: TX04157703 I

JUDGMENT OF CONVICTION B'Y JURY;

SENTENCE B:Y JlJR.Y To INSTITUTIONAL DIVISION, : -- TDCJ

DATE OF JUDGMENT: May 1, 2003.

niDGE PRESIDING: BiU Peek ATTOR."NE:Yi FOR mE STATE: Nicole Habersang ATTORNEY FOR THE DEFENDANT: David Lash ford -OFFENSE: Indecency with a Cbild-Sexual Contact STATUTE FOR OFFENSE: Article 22.11, Penal Code DEGREEOF'OFFENSE: Second Degree Felony APPLICABLE PUNISHMENT RANGE Second Degree 2-20 in prison/max $10,000 fine (inclucfuigenhancements, ifany):

DATE OF OFFENSE: October 1, 2000 CHARGiNG INSTRUMENT: Indictment PLEA TO OFFENSE: Not Guilty PLEA 10 ENHANCEMENT Not Applicable ' PARAGRAPH(S):

I

VERDICT FOR OFFENSE: Guilty FINDING ON ENHANCEMENT: Not Applicable AFFIRMATIVE FINDING ON Not Applicable DEADLY WEAPON: OTHER AFFIRMATIVE Not Applicable SPECIAL FINDINGS:

DATE SENTENCE IMPOSED: May 1, 2003 - PUNISHMENT AND PLACE OF 15 years in the Institutional Division-TDCJ, and a ; CONFINEMENT: $None fine ., .

TIME CREDLTED TO SENTENCE: 06-27-01 to 06-28-0l· 05-01-03 to Present

COURT COSTS: $237;25 TOTAL AMOUNT OF RESTITUTION: $None

0

NAMEiAND @PRESS FOR

RESTITUTION:

DS4: Judgme~t ofCO:nv~ction by Court; Sentence By Jury, Caust: 'l'oo 03-F"0146-202; Page 1 of 3 Pages

The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the Defendant The age of the victim at the time of the offense was 10 year~ old.

This sentence shall run concurrent.

'

On the date stated ~hove, the above numbered and entitled cause was regularly reached and called for trial, and the State appeared by the attorney stated above, and the Defendant and the Defendant's attorney, as stated above, were also present. Thereupon both sides announced

1

ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and eleven others, was duly s'elecled, I ,.J

impaneled and sworn. Having heard the evidence submitted ,

and having been duly cha{ged by the Court, the jury retired to consider their verdict. Afterward, being brought into open court by the proper officer, the Defendant, the Defendant's attorn~y, cind the State's attorney being :present, and being asked if the jury had agreed upon a verdict, the jury answered it had and retumed to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes of the Court~· follows:

We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child by sexual contact,as charged in count four Of the indictment. .

Thereupon; the Defendant having previously elected to have the punishment asseSsed by the jury, pleaded to the eriliancement paragraphs, if any, as stated above, and thejury was called of

back into.the box and heard evidence related to the question punishment. Thereafter, the jury retired to consider such question and, afier having deliberated, the jury was brought back into open court by the proper officer, the Defendant, the Defendant's attorney, and the. State's attorney being present. ~d being asked if the jury had. agreed upon a verdict, the jury answered it had and returned to th~ Court a· verdict, which was read ;1loud, received by the Court, and is now entered upon the Minutes of the Court as follows:

We, the jury, ha:ving found the defendant Randy Hender:son, guilty of indecency with a child by sexual contact as charged in count four of the indictment, assess his punishment at c~nfinement for 15 yea·rs in the Institutional Division of the Texas Department of Cfiminal Justice.· ' . .

A presentence inv~stigation report was not required or done.

I .

····· ··-----·- ··-···-····--·----·:.. _______________________________ _

And -ihereup.on-ilie.Courfasked the Defendant whether theDefendanthad ariythingto say··--------··-.

why said sentence should: not be pronounced upon said Defendant, and.the Defendant answered · . nothing in bar thereof. I Whereu:pon the Court proceeded to pronounce sentence upon said Defendant as stated above. · · ·

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense s~ted above, the punishment is fixed as stated above, and the State of Texas do have and reco·o,~cr of said defendant all court costs in this prosecution expended, for which execution will issue. ·

DS4: Judgment of~onviction by Court; Sentence By Jury, Calise No. 03-F-0146-202; Page 2 of 3 Pages

·.-

It is ORDERED by the Court that the Defendant be taken by the authorized agentofthe State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the Director, Institutional Qivision-TDCJ; there to be confined in the manner and for the period aforesaid, and the said d~fendant is hereby remanded to the custody of the Sheriff of this county until such time as the Sheriff can obey the directions of this .~entence.

The defendant is given credit l,1S stated above on this sentence for the time spent in county jaiL The Defendant also i:s ordered to pay restitution to the person(s)named above in the amount -specified above.

Furthermore~ the following special fmdings or orders apply:

-Special DL fot· Sc:x: Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court orders che Deft:nd~nt to apply for an original or renewed Texas Driver's License or personal identification certiticate not later than 30 days after release from confmement or upon receipt of written notice frorp the Texas Department of Public Safety (DPS) and to annually renew the license or certificate. In addition, DPS shall place an indication on the Defendant's driver's license or personal identification certificate that the Defendant is subject to the sex offender registration require~1ents. In addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant.

TillS COUNT lS TO RUN CONCl.JRRENT WITH COUNTS 1, 3, 5 AND 6.

.. "r--1-} Sigried on the .JL. day ofMay, 2003.

Judge Presiding

·--·~----·----···----------------------··-········

DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Page 3 of 3 Pages

I ~ERTIFY THAT THEA!BiOVE CAPTIONED INMATE HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT WHILE IN MY CUSTODY .

I CERTIFY THAT THE ABOVE CAPTIONED INMATE ~01v1MITTED SERIOUS ACTS OF MISCONDUCT AS FOLLO\VS:

INCIDENT . DATE

-DATES SUBJECT HAS BEEN ARRESTED AND -RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:

u.- 2:-«-o r

. 5 -- I - o-·--'--·_.-----,---~---------- --·------ _ _.:__~-------------------~-__;__~---

···-··· -~- ----------- ------------------------------------ - - - - -- -·-- -------------- --- ------------·-------------- __ ..... __ ----- -- ----------

TDCJ COORDINATOR

COUNTY SHERIFF- DEPARTMENT ---'-- THIS FORl\1 SHOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL DIVISION.:

ATT: STATEREADYDE?ARTMENT .)

nUs page is attached hereto and made part hereof the judgment in this cause,· pursuant to·

Article 38.33 of the T:exas Code of Criminal Procedures.

DEFENDANJ·s RlPHT THUMBPRINT ---· __ ; __________ _:,;_.:. ______ ,__ --------·-----------------------------·---' -· ·-· --------------- -·-- . . ___ . _____ _____ ... -·-···-··----------------------·· ---------.. ··-····· ------- -----------·--·---------------- --------------

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Cause No. 03-F-0146-202 (COUNT FNE) TRN 90278547~9r: '-np .')!;; .... ~.:~n

·THE STATE OF TEXAS § V. § RANDY HENDERSON, § DEFENDANT.

SID: TX04157703

JUDGMENT OF CONVICTION BY JURY;

SENTENCE BY JURY TO INSTITUTIONAL DIVISION, TDCJ.

DATE OF JUDGMENT: May 1, 2003 JUDGE PRESID'IJ'.l'G: Bill Peek ATTORNEY FOR THE STATE: Nicole Habersang ATTORNEY FOR THE DEFENDANT: David Lasbford OFFENSE: · Indecency with a Child-Sexual Contact STATUTE FOR OFFENSE: Article22.11, P.enal Code DEGREE OF OFFENSE: Second Degree Felony APPLICABLE PUNISHMENT RANGE (including enhancements; if any): Second Degree '2-20 in prison/max $10,000 fme DATE OF OFFENSE: December 20,2000 CHARGING INSTRUMENT: Indictment PLEA TO OFFENSE: Not Guilty PLEA TO ENHANCEMENT Not Applicable P ARAGRAPH(S):.

VERDICT FOR OFFENSE: Guilty FINDING ON ENHANCEMENT: Not Applicable N"F1RMATIVE FINDING ON . Not Applicable DEADLY WEAPON: OTHER AFFIRMATIVE Not Applicable SPECIAL FINDINGS:

DATE SENTENCE IMPOSED: May 1, 2003 Pt:JNISHM'ENT AND PLACE OF 15 yearsin•tbeiinstitutional-Division"'TDCJ, and a . CONFINEMENT: $None fine .

TIME CREDITED TO SENTENCE: 06-27~01 to 06-28-01 05-01-03 to Present

COURT COSTS: $237.25

TOTAL AMOUNT OF RESTITUTION: $None NAME AND ADDRESS FOR

RESTITUTION:

DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F~o 146-202; Page 1 of 3 Pages

The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the Defendant. The age of the victim at the time of the offense was 10 years old.

This sentence shall run concurrent.

On the date stated above,· the above numbered and entitled cause was regularly reached . and called for trial, and the State appeared by the attorney stated above, and the Defendant and the Defendant's attorney, as stated above, were also present. Thereupon both sides announced ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and eleven others, was duly selected, impaneled and sworn. Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict. Afterward, · being brought into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney being present, and being asked if the jury hadagreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes of the Court as follows:

We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child by sexual contact as charged in count five of the indictment.

Thereupon, the Defendant having previously elected to have the punishment assessed by the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called back into the box and heard evidence related to the question of punishment. Thereafter, the jury retired to consider such question and, after having deliberated, the jury was brought back into open court by the proper officer, the Defendant, the' Defendant's attorney, and the State's attorney being present, and being. asked if the j Liry had agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court,- and' is now entered upon the Minutesofthe Court as follows:

We, the jury, having found the defendant Randy Henderson, guilty of indecency with a child by sexual contact as charged in count five of the indictment, assess his punishment at confinement for IS years in the Institutional Division of the Texas Department of Criminal Justice.

A presentence investigation report was not required or done.

And thereupon the Court asked the Defendant whether the Defendant had anything to say why said sentence should. not be pronounced upon said Defendant, and the Defendant answered nothing in bar thereof. Whereupon the Court proceeded to pronounce sentence upon said Defendant as stated above.

Jt is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense stated above, the punishment is fixed as stated above, and lhe State of Texas do have and recover of said defendant all court costs in this prosecution expended, for. which execution will issue.

DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03·F·Ol46-202; Page 2 of 3 Pages '

It is ORDERED by the Court that the Defendant be taken by the authorized agent of the State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the • Director, Instit~tional Division-TDCJ, there to be confined in the manner and for the period aforesaid, and the said defendant is hereby remand-ed to the custody of the- Sheriff of this county - until such time as the Sheriff can obey the directions of this sentence.

The defendant is given credit as stated above on this sentence for the time spent in county jail. The Defendant also is ordered to pay restitution to the person(s) named above in the amount - specified above.

Furthermore, the following special findings or orders apply: Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court orders the Defendant to apply for an original or renewed Texas Driver's License or personal identification cert1ficate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public Safety (DPS) and to annually renew the license or certificate. ln addition, DPS shall place an indication on the Defendant's driver's license or per3';onal identification certificate that the Defendant is subject to the sex offender registration requirements. In addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant. -

CumuJat-ion Order(Art. 42.01, Sec 1( 19) CCP): The co@ orders ili,_~t-_the sertfe'fice· iif this cori~icti.C:m''shaU1l\rufl1cofi'secutively arid shall Bighr only when the judgmen(and seritence in Count _6 has ceased to op~ratc; -

- THIS COlJNT IS TO RUN CONSECUTIVE WITH COUNT 6 Al"'ID IS TO RUN CONCURRENT WITH COUNTS 1, 3, and 4.

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Signed on the. ) !:;; ~:day ofMay, 2003.

Judge Presiding

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DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03·F-0146-202; Page 3 of3 Pages

--"---· I CERTIFY THAT THE A'BtJVE CAPTIONED INMATE HAS COMMITIED NO SERIOUS ACT OR MISCONDUCT \VHILE IN MY CUSTODY

I CERTIFY THAT THE ABOVE CAPTIONED INMATE COMMITTED SERIOUS ACTS OF MISCONDUCT AS FOLLO\VS:

INCIDENT DATE

DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL 01<DER:

TDCJ COORDINATOR --~----COUNTYSHEruFFDEPARTMENT

THIS FORM SHOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE INSTITUTIONAL-DIVISION.

ATT: STATEREADYDEPARTMENT

No. D 3 Fo 14 ~ ·- JJ l - to u n +5 This page is attached hereto and made part hereofthejudgment in this cause, pursuant to

Article 38.33 of the Texas Code of Criminal Procedures .

. N.AJ.VCE OEFENDANT (PRINTED)

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DEFENDANT'S RIGHT THUMBPRINT·

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Cause No. 03-F-hl46-202 (COUNT SIX) TRN 9027854169::·. '!::·r'npp·

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; D3r~·:·:a Pil l:2J '

THE STATE OF TEXAS § IN THE 202ND JUDlCfu\L , : · v. § DISTRICT cdlli{'roFt--~G:2 ·. RANDY HENDERSON, § BOWIE COUNI~T_E_:Uf~-q"~.y ~~ DEFENDANT SID: TX04157703

JUDGMENT . I

OF CONVICTION

.

BY JURY;

.. .

·SENTENCE BY JURY TO INSTITUTIONAL DIVISION,.

TDCJ

DATE OF JUDGMENT: May 1, 2003 JUDGEiPRESIDING: Bill Peek ATTORNEY FOR ffHE STATE: Nicole Habersang ATTORNEY FOR THE DEFENDANT: David Lashford - I OFFENSE: Indecency with a Child-Sexual Contact STATUTE FOROFFENSE: Article 22.11, Penal Code '

DEGREE OF OFFENSE: Second Degree Felony APPLICABLE PlJN1SH1vfiENT RANGE (including enhanbements, if any): Second Degree 2-20 in prison/max $10,000 fine DATE OF OFFENSE: December 20, 2000 CHARGING IN:STRUMENT: Indictment· . PLEA 110 OFFENSE: Not Guilty PLEA TO ENHANCEMENT Not Applicable P ARAGRAPH(S):

VERDICT FOR OFFENSE: Guilty FINDING ON ENID\NCEMENT: Not Applicable AFFIRMATIVEFINDING ON Not Applicable DEADliY WEAPON: OTHER AFFIRMATIVE Not Applicable SPECIA!L FINDINGS:

DATE SENTENd;E IMPOSED: May 1, 2003 PUNISH.MENT AND PLACE OF >20yearsin:.the·IIlstitution'a1Division•TDCJ, and a· ~ONFINEM~NJ: $None fine .

TIME CREDITED TO SENTENCE: 06-27-01 to 06-28-01 iI 05~01-03 to Present COURT COSTS: . $237.25 TOTAL AMOL'NT OF RESTITUTION: .$None NAME AND ADDRESS FOR

· RESTITUTION:

I

DS4: Judgment ofConv~ction by Court; Sentence By Jury, Cause No. 03-Fc0146-202; Page 1 of3 Pages

. '.!l

The Sex Offender Registration .Requirements under" Chapter 62, CCP, apply to the Defendant. the age of the victim at the time of the offens.e wa5 10 years old.

This sentence shall tun concurrent.

On the date stated above, the above numbered and entitled cause was r~gularly reached and called for trial, and the State appeared by the attorney stated above, and the Defendant and the Defendant's attorney, as stated above, were also present. Thereupon both sides announced ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and eleven others, was duly selected, impaneled and sworn~ Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict. Afterward, being brought into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney being present; and being asked if the jury had agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes of the Court as follows:

We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child by sexual contact as charged in count six of the indictment..

Thereupon, the Defendant having previously elected to have the punishment assessed by the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called back into the box and heard evidence related to the question of punishment. Thereafter, the jury retired to consider such question and, after having deliberated, the jury was brought back into open court by the proper officer, the Defendant, the Defendant's attorney, and the State's attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minutes of the Court as follows:

We, the jury, having found the defendant Randy Henderson, guilty of indecency with a child .by sexual contact as charged in count six of the indictment, assess his punishment ;:st confmement for 20 years in the Institutional Division of the Texas Departmel,lt of Criminal Justice.·

A presentence investigation report was not required or done.

And thereupon the Court asked the Defendant whether the Defendant had anything to say why said sentence should not be pronounced upon said Defendant, and the·Defendant answered nothing in bar thereof. \Vhereupon the Court· proceeded to pronounce sentence upon said Defendant as stated above.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant is guilty of the offense stated above, th~ punishment is fixed as stated above, and the State of Texas do have and recover of said defendant all court costs in this prosecution expended, for which execution will issue. ·

DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Page 2 of 3 Pages

It is ORDERED by the Court that the Defendant be taken by the authorized agent of the State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the .Director, lnstitutionalDivision-TDCJ, there to be corifined in the manner and for the period aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of this county. until such time as the Sheri.ff can obey the directions of this sent~nce.

The defendant is given credit as stated above .on this sentence for the time spent in county jail. The Defendant also is ordered to pay restitution to the persori(s) named above in the amount specified above.

Furthermore~ the following special findings or orders apply:

Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court ·· orders the Defendant to apply for an original or renewed Texas Driver's License or personal identification certificate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public '·safety (DPS) and to alUlually renew· the license or certificate. In addition, DPS shall place an indication on the Defendant's driver's license or personal identification certificate that the Defendant is subject to the sex offender . registration requirements. In addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant.

Cumulation Order (Art. 42.01, Sec 1(19) CCP): The court orders that the sentence in this conviction shall run consecutively and shall begin only when the judgment an~ sentence in Count 5 has.ceased to operate.

THIS COUNT IS TO RUN CONSECUTIVE WITH COUNT 5 AND IS TO RUN CONCURRENT WITH COUNTS 1, 3, and 4.

) ~day of May, 2003.

Signed on the __

Judge Presiding

DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Pag_e 3 of 3 Pages

I CERTIFY THAT THE AB'OVE CAPTIONED INMATE HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT WHILE IN MY CUSTODY

I CERTIFY THAT THE ABOVE CAPTIONED INMATE COMMITTED SERIOUS ,A.CTS OF MISC.ONDUG_T AS FOLLO\VS: .

INCIDENT DATE

DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:

ill1.I

TDCJ COORDINATOR - - - - COUNTY SHERIFF DEPARTMENT THIS FORJ\1 SHOULD ACCOMPANY ALL INMATES COMMITMENT PAl)ERS TRANSFERRED TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE INST[TUTIONAL DIVISION .

. ATI: STATE READY DEPARTMENT

~.., ·~-~-~· :~

·*' '·· ·t . (f ,t~.

This page is attached hereto and made part hereof the judgment in this cause; pursuant to

Article 38 ..33of the Texas Code of Criminal Procedures.

EXHIBIT B - NOTICE OF PAROLE DECISION

STATE OF TEXAS

• BOARD OF PARDONS AND PAROLES

NOTICE OF PAROLE PANEL DECISION.

'':.

DATE: 7.:.7-14

NAME: HENDERSON, RANDY TDCJ-ID #: 1170754 SID#: 04157703 TDCJ-ID UNIT OF ASSIGNMENT: BETO · HOUSING ASSIGNMENT: ROW G..;l CELL:07

SUBJECT: Decision to grant parole approval on cause number(s) # 03-F-0146-202.

COUNTS 3 AND 4 .

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CONSECUTIVE SENTENCE APPROVAL (CU-FI)

After a:r-eview of your case, the Board of Pardons and Paroles decision is to grant you parole approval on the above mentioned consecutive cases and has set your next sentence(s) in the series to begin on 3-1-2014. You have been approved for the reason(s) listed below:

lOA. Begin Next In Series CAUSE# 03-F-0146-202 COUNTS 5 AND 6

The Institutional Division will monitor your treatment plan progress and will report your progress to the Board of Pardons and Paroles.

· Should you have any questions regarding this notice you are to contact your unit Institutional Parole Office. . ' · · ·

CC: File Unit Warden Offender

EXHIBIT C - STATE COUNSEL FOR OFFENDERS

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~tate ([oun.se l for <!&ffenber.s ~ j'Bibision of 'Qtexai j'Bepartment of QLriminal3lu5tim ·

P.O: Box 4005

Huntsville, TX 77342-4005 . (936) 437-5203

April20, 2011

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Randy Henderson TDCJ #1170754 Beto Unit #022

Dear Mr. Henderson:

On 01-20-11 the Records Office discovered ari error in your records. The judgment & sentence on Cause #03F0146202 Ct 5 was ordered to run cmnulative to Cause #03F0146202 Ct6. Enclosed is a general information sheet regarqing how your sentences are now being calculated. I trust this answers your questionsregardirig this matter. I am closing your file;· ·

/~ely~/.- ~~ T.K. Partin Legal Assistant- Appellate Services cc: File

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EXHIBIT D - MOTION TO DISMISS

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}( ·IN 11-IE DISTRicf(!diJRfOR RFCOHO ·. ! )( vs. )( ··OF 03 HAY 23 ·'AM 9:55 )(

RA.NDYfiENDERSbN ·... . )(

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TO THE HONORABLE: JUDGE.OF SAID COURT:

. ··. . .. . . -; .

NOW COMES the Stati -~f Texas by and ~hrough her Assistant Criminal District

Attorney, and respectfullyrequ;~tS·the . .

Court to dismiss the entitled numbered cause against the . . ...

Defendant, RANDY HENDERSON, in which the Defendant is charged .with the offense of

INDECENCY WITH ACIDL])aq,d for cause would show the Court the following:

Defenctai"lt was·r~Lhldicted in cause nuJI1ber 03~F-0146-202 and·was .. sentenced .to kcy~ars;ls years (3. times) and 20 years in the Texas · .· Department6fQnJ1l)nal Justice.:.rnstitutionalDivision. In the interest of justice this case' s~ould be dismissed. .

') WHEREFORE, it is pr.ly~dthat the.above entitled aridnumbered cause be dismissed .. ..

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:.,)

~,.) Respectfully submitted;

:~)

.: . ···

~~~ ~ >~·~.~'

. The foregoi~g,Mdti~fi.-·b~~g been presented to me on .this day and· the same having

been considered it is

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there;Q~~

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. '~bibEltED,

.· . ·:-··· ..

ADJUDGED AND DECREED that the said above :·:<·,···.'~\·: :;_~·~_...-.,.-··

diti~~·;·-be ~riel the

entitled and numbered same is hereby dismissed against the Defendant~ RANDY.HENDERsON( /.<'~:. . ••.•• :.:.:. :•~·.· .

.SIGNED Tfij~ ,~"~~~8FMA Y, 2003 ..

; . ·..·. ' ;': :;:;.:> . --~:::~lf}~~\2:4'

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JUDGE PRESIDING 202nd Judicial District Co~ Bowie County, Texas

EXHIBIT E

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.· State e0;un6 ee {0;~t l!J ffende~t6.

·a !IJM.lwn of. g eaxl6 !!Jepcvrtmmt 4 &iminal ~tice P.O. Box4005.

·Huntsville, TX 77342-4005 (936) 437~5203

9/30/2014

Randy Henderson 'TDCJ#l170754 Beto Unit (Bl/022)

Dear Mr. Henderson:

Your records have been updated. The Board ofPardons and Parole voted on 03/0112014 to allow Counts 3 & 4 of Cause No. 03-F -0146.,.202 to "cease to operate". This allowed counts 51J..)6 to begin:. With the jail-time credit awarded to these to counts, it resulted in sentenee begin date of 02/27/2014.

.. ·

Sincerely,

~-~ J. Moore Legal Assistant Support·Manager Appeilate Section _ ...... ·

cc: file : .;· ·.

J.. .

EXHIBIT F - JUDGMENT

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NO. ()3-F-0146-202 (COUNT SEVEN)

(:}'J .f.•: .._, j.... L'·-'.. . ..·' n c·.· r 2 I.

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STATE OF TEXAS )( INTHE202~~~~-f\L'

-v~

·~-:.: ... J "" x

. . . ,.,;:· .. . . · ;~ "·.:·i·.~

VS. )( DISTRICT ·.·'I

RANDY HENDERSON )( BOWIE COUNTY, TEXAS

JUDGMENT

The Defendant having been indicted in the above entitled and numbered cause for the felony offense of AGGRAVATED SEXUAL ASSAULT OF A CHILD, and this. day ·.this cause being called for trial, the State appeared by .her Assistant Criminal District Attorney, NICOLE HABERSANG, and the Defendant, RANDY HENDERSON, appeared in person and his counsel, DAVID LASHFORD, also being present, and both parties announced ready for trial, and said Defendant in· open Court was duly arraigned and pleaded NOT GUlLTY to the charge contained in Count Two of the Indictment herein; thereupon a jury, to-wit: Derek Dwight, foreman, and eleven others, was duly selected, impaneled and sworn, who, having heard the indictment read, and th.e Defendant's plea of not guilty thereto, and having heard the evidence submitted, and having been duly charged by the Court as their duty to determine the guilt or innocence of the Defendant, and after hearing arguments of Counsel, retired in charge of the .proper officer to consider to their verdict, and afterward were brought into open Court, by the proper officer, the Defendant and his counsel being present, and in due form of law returned into open Court the following verdict, which was received and accepted by the Court and is here now entered upon the minute~ of the Court, to-wit:

NO,TGUILTY

OF AGGRAVATED SEXUAL ASSAULT OF A CHILD --------------------- . . ..----- ... -- .............. __ . ____________________________________________________________________________ . . . . . _

. IT IS THEREFORE FOUND AND ADJUDGED BY THE COURT, that the said Defend~t is NOT GUILTY of~e offense of A1~RA.VATED SEXUAL ASSAULT OF A . CHILD m Count Seven of the Indictment. ! · . .

. BILL P~EK, Judge ofthe

202nd "Judicial District Court . I · I

Bowie ~ounty,Texas

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i ! ~ -.1 Lo- 6 31

DATE ~IGNED , !

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EXHIBIT G - DISTRICT CLERK'S FILE MARK . Randy Henderson #1170754 George Beto Unft

1391 FM 3328

cOPY Tel}p.ess~e Colony, TX 75880 . ·~:~·;;i··:

··:;;::,i: ..

ZUltrOCT 20 Pi·1 1: t.O

October 15, 2014

Honorable Billy Fox Branson, District Clerk Courthouse, .710 James Bowie Dr. P.O. Box 248 New Boston, Texas 75570-0248

RE: Cause No. 03-F-0146-202

Dear Honorable Branson: Enclosed, please find Motion for Judgment Nunc Pro Tunc Order. Please file stamp thisdocument and bring to the attention of the.Court.

Also, please find two originals of this copy letter. Please file stamp and return one (1) to me in the enclosed S.A.S.E.

Thank you very much for your time and attention to this matter.

Sincerely,

R~ ~_,-x\ogoN ~ \\'J.C>')$1..\ ·~

Randy Henderson, Pro se TDCJ-CID NO. 1170754 George Beto Unit 1391 FM 3328 Tennessee Colony, Texas 75880

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RANDY HENDERSON, § ·,, _:IN THE. 202ND JUDICIAL

Appellant, § § DISTRICT COURT OF v. § § BOWIE COUNTY, TEXAS THE STATE OF TEXAS, § Appellee. § ·•.HEARING REQUESTING . .

MOTION FOR JUDGMENT. NUNC. PRO TUNC .ORDER

TO ·THE HONORABLE JUDGE OF SAID. COURT:

COMES NOW, Randy Henderson, Appellant, Pro se, Pursuant to Texas Rules of Appellate-Procedure, specifically Rule·.23..2(a) and (b), files this Motion for Judgment Nunc Pro Tunc.Order in the above entitled and numbered cause, and in support would respectfully, show:

I.

.JURISDICTION

The Court has jurisdiction pursuant to Texas Rules of Appellate Procedure , rule l9.3(a)' which invests the trial. court with authority to correct clerical errors 'after expiration of a court 's plenary power. ''Nunc ·Pro Tunc order is the proper mode to correct a clerical error, in which no judicial . .

reasoning contributed to their entry, and for some reason were not entered of record at the proper time. See Alvarez .v. State, 605 S. W. 2d 615 (Tex. Crim. App. 1980); Jenkins v. Jenkins, 16 S.W.3d 473.

:tf. ·.

STATEMENT OF THE CASE

Appellant appearing before the Honora~le Bill Peek, presidingin the.

202nd Judicial District Court of Bowie County, Texas on May 1, 2003, having entered a plea of not guilty; sentenced to twenty (20) years in Count Six to run consecutive.with Count Five (5), a fifteen ·(15) year-sentence. Count One (1), Three (3) ,and Four (4) to run concurrent with Count,Five (5) and Six (6).

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III.

CLERICAL ERROR

The Texas-Department of Criminal Justice (TDQ) records reflect that Appellant'stime calculation is erroneous, which.manifest a clerical-error. According to the Inmate Tracking System Commitment Data Form dated January 15, 2014, Appellant's Maximum Expiratio!! date changed·from 2023 to 2038 which ?dds a new fifteen (15) year sentence. This form states, in pertinent:· "Due ! . ' .

to legal opinion from OGC Counts 5 & 6 will only be stacked to cr 3 & 4."' The Judgment of Conviction reflec·ts that 3 & 4 as well as.l is concurrent to 5 & 6. By stacking this to 5 & 6 adds a new sentenceiwithout a judicial proceeding. The State Counsel for Offenders retwrn~d count seven (7);- not guilty.

Appellant, therefore, seek an order from the Court: ordering TDCJto ad'-

just the inaccuracies and deficiencies in Appellant's records in regards to his sentence.

WHEREFORE ·PREMISES':CONSIDERED'' Appellant· for reas0n shown moves the Ho-

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norable Court to issue the necessary Court Order ordering that the Texas Department of Criminal Justice records reflect the truth of what actually occur"" red.

Respectfully submitted,

~ . .

lh.. ri& '&~o --~ \ .

Randy Henderson, Pro se

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UNSWORN DECLARATION [AFFIDAVIT} OF RANDY HENDERSON PURSUANT TO CIVIL PRACTICE AND REMEDIES CODE SECTIONS 132.001-132.003

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

CAUSE NO.

RANDY HENDERSON, Relator

v.

HONORABLE LEON F. PESEK,. JR., JUDGE, Respondent

ON AP~ICATION FOR A WRIT OF MANDAMUS CAUSE NO. 03-F-0146-202 · FROM BOWIE COUNTY, TEXAS·

Unsworn Declaration [Affidavit] of Randy Henderson Pursuant to Civil Practice and Remedies Code Sections 132.001-132.003

My name is Randy Henderson. I am over eighteen years of age, of sound .

mind, capable of making this [affidavit] unsworn declaration, and personally acquainted with the facts herein stated.

1. I was tried in Bowie County. Sentenced to three (3) fifteen year sentences to run concurrent with a stacked twenty (20) year sentence.

2. I filed a Motion for Judgment Nunc Pro Tunc Order, filed stamped on October 20, 2014, regarding the errors induced in my time calculation which contributed to adding another sentence without a judicial proceeding. This is presently having an adverse effect on my parole.

3. I was sentenced in 5 counts of my indictment on May 1, 2003. Count 1, an eight year sentence and count 3, 4 and 5, 15teen years sentences were to run concurrently ~ Count 5 of the sentence were to run consecutively with count

6, count 6 being a 20ty year sentence, equating to a thirty-five (35)

year sentence.

4. The parole board granted me parole on July 7, 2014, in counts three and four to begin counts 5 and 6. A part of the problem is that counts 3, 4, and 5 are concurrent. Therefore, the decision to grant parole should have been on the concurrent counts of 3, 4, and 5. The State Counsel for Offenders acknowledged this on April 20, 2011. Nicole Habersang, Assistant District Attorney, also acknowledged this in her Motion to.Dismiss filed on May 21, 2003.

I

5. When the parole board granted me parole in counts 3 and 4 to start 5 and 6, the 5th count was stacked to 3 and 4. Counts 3, 4 and 5 should have been together as "ceasing to operate," and 6 was to start. When this occurred , a 15teen year sentence was added.

6. The State Counsel for Offenders, on September 30, 2014, response to my letter was contrary to their April 20, 2011 response. In their September letter, they stated that count 3 and 4 "cease to operate." They then added that counts 5, 7 and 6 were to begin. I was found not guilty in count 7. The State Counsel for Offenders then added that my sentence begin date at February 27, 2014.

7. I filed an original mandamus in the Sixth Court of Appeals at Texarkana, Appellate Cause Number 06-15-00034-CR, regarding the Motion for Judgment Nunc Pro Tunc Order I filed on October 20, 2014. The Sixth Court of Appeals denied my mandamus on March 10, 2015, although they acknowledged, with authority, that the "trial court abuses discretion by refusing to conduct hearing and render decision on motion."

8. The Sixth Court of Appeals misapplied the law by stating " ••• this Court cannot instruct the trial court how to rule." I never sought the Sixth Court of Appeals to "instruct the trial Court how to rule." I merely sought the Sixth Court of Appeals to order the trial court to afford me."Due Process" regarding my Motion for Judgment Nunc Pro Tunc Order.

My name is Randy Henderson, my date of birth.is August 27, 1964, and my inmate identifying number, is 1170754. I am presently incarcerated in the George Beta Unit in Tennessee Colony, Anderson County, Texas 75880. I declare

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under the penalty of perjury that the foregoing is true and correct.

Executed on the 31Q day of -:)u.-l'-' , A.D. 2015.

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AFFIANT