in Re Randy Henderson

• Court: Court of Criminal Appeals of Texas
• Decided: June 22, 2015
• Docket: 06-15-00034-CR
• Status: Published

Opinion

RECE§`\.”ED |`N The Cc:.m c€` Ap,:)eals

Si:cii’\ Distrac'l COQ.R`T OF P\‘?'\’Q_o_\ 5 JU§~€ ‘. 3 mb ' 51~/:\\-\ \=R?e\\c>:\¢ D:wac._\ HLED|.N Texa~zi»;ana Texas \. " _ . " eb.‘;,i ,~'T:.;¢:.'éy. Clerk S`< \=\`\€ 0 § *\ ch Q,. s . The 99“[10*,""999&1|$ : 5th Di§?rict __ _. ` r` BUUMZ 2 2015 `>\;\mQ_ l(o , SQ\S

T@)xarkana, Texas l n s eyh >.' ef \-\ogo@>\ig ishaqu Bg,;.\¢g\.\ C. N\o`se\.\{ @>`.\"_- S`E (A`\ € 3 u`S\~;Q_Q. %g>.xLAznc:, ~ ¢\ \OO No\?`r\\ S`vo`\z \x\\e_ A\AQM\.\E 80

T€_~u\\>~v`¢\n c»_ _'t¢.v_¢u~ '\SS o \

R€: \Ap?¢\\c,:w. C,o.e.o. Nu\\\bu<'. O&o - \S- 0003\4 - C\<

S`\ \|\_E 2 KLS gen 5e_ `TQ banm\ 05 ?\Q_Q.L\Q&'S '\>QI:KQQ F<>\'< \N?`x`t C>F \\\\\\\\B;L\'<\ §§

l De_o.e\ \-\c>o ou=~\d.e_ 'Su_s.`~cs.c.,€ _______I.JBS§;`_’ALL>ALLMM §e_ §u`hm;;;g=§ c>` \Lo`<::.g§) <>gg

OQ."¢;>‘\>Q.\ \S) Ac>\‘~\, PQ`KSL>`\'-\n`\. `\.»0 _\e.xa$ ?\o.\_¢s OF AP?Q.\\&T»L Pv`<>c_e.c&~.)~\z&"

5 ?e.c,t F:c,c.\\ \¢ ?`\.\ko_ a 3. a LG...\ O`mc\ Lb) hingme 10 ;S;駧_\\_-\gg_§ l §AQ g ?_gg`\'u.ug_

0&0€&.,€0&‘¢.\~; \\N_w\b@¢é C.o`o.s¢; mc>. 03-\'-- ¢1~\!0- aaa

1 g gu. L‘.LK

to ch de 4‘::_<1$?. `C.\\Q Cou`vz 5 op;,,,;m;z\¢\g;,_ AMLX$MM»;_FIBA_Q> P¢z;m umwa °<_§g amana

B"w`¢:_c_c\\_ m_s'c,e:;c,_¢, C.ov`<~t oz %c>w:_c~: C,Q\>.»¢T, \; l ZLN Oc,`a,obzr ao\'~\ am

SEEKI\JG T>w`<$§ man kamg ?roT\>.\oC_. \-\o»oo&cs`b;_q,ju`s`(.lc.; ;§ 5\;\9§,;:_:0§ 1 u.'r:.\\ \l'e\"x€\_/ \“\\e):v \-\e_\a¢zv`&OM morrow \)Z>O~°:» 1\.>¢¢.0_§ ‘E>o_\>`\, -`x.,O W.\\a 303-ad OIS`C&IC,`C C.Ou""f`. 0`\0¢@»\\15\ ¥\\oT.IoD was T-‘;\.zé\ ST\\\\\\'\>QA CL\)A S's.GueA \<>\{ Ox.stv`:c_t C_LQ.<\K '%Q~Nx_€ C,O.`¥s< Oe.?u:c.\{ C.\\<~:.st:.\>o` \-\QL\_<;»Q&\ O\J

cazo\ou aol ao\h\ o:, \:\0 i>.m. L:~,QQ ama S\A_B_Q_Qé QQQ_§¢) 1.,> L¢Az`;;go \;c>u\ mn\\ C¢:.u<§v /-0` CLQQ\( OG`¥¥\Q cargsz mcaer `C,\-\

'_C.(L‘I..O`\_ C.Ou_("?, 0.\3€5. O. €.0¢‘>\{ OF `C,\‘\Q FZI.\_QAJ S`ER\"¢\?QA '

C,o\le_<~ \_o_r.t.& \L 114 src_v`u.c_~cx_oc, ‘c\\< Q<>\M~T_ coucsz 10@, 'v\m watsons

'E.\Je.o".C,\\'<>\»:.>\-\ t.\\z \d:.§rgxg_t Q,\.Q_gg c!\:c\ wg_t \=;Lg S`\‘e.me‘c,\\g

mg\m¢¢ ;IS¢L\:I \|e_v.x.¢:.co.t:.oo \'\0.5 \o¢.z_u 5\\0\)30 `c\é\c\`». `t_,\r\x~c.u:\\r\ °C.\r\¢ F:-.\< S`uw‘\\me

Sx C>F"L v \_ `c,\.av` _\`\'\ \ \r\ \o

find `o;;g$é>g; 39 thg Q;_M,\~t§ QSIL ggmn §g;».z§ ¥`Q,cmvg§ OM O'§`L»o§gv` 30 §Ol“\ l PEQ_>‘L\\Q»_L `C)\r\§ \N:.\.\_ §u.%;`;\>` L\mg C.ou`gt.§ ;gx`g_g g §§ §»`_-€:_c~_e_n`c,

1a 3\\0®:\):>`5\\0.`€ \\QQ@¢.¢.SQQ Soo»:\\\t `<\n{ Cou.vt,& ’Qr`c>c\>gu.\\ 10 ‘w_\.\x»a;`;vo C.orre,c:x,

`I.'\\:_ S C’,\.¢Lv.:.c.o~L E. rec v` `C.\m,~`t. \r\e.§ \:Q_Q_n m e.éo_.

1 L,\ 1 *` l ~ \r\e_ -N:_O\O ‘\ 0 * v wdv= O`C l & QLAMMM

annoqu 0¥ ?Q_»LIS~.».¢`\` `<\\e:\ \'\z \r\e.¢. ‘Fx.\_o_é ch \~_go¥;g»;> ¢gv` SSL§§ \;ng dt, gs;,g' g ' Erg ‘tu.\)g r@`<’hg ‘°C?\IOL Q,c>u`c~`<. n O\A g\‘ L\Qo$'t. Q§¢T_.Q,\ozf` \§g 30\“\ HQMQ(` gL\o\.Q ;Su.%`¥'¥.gg

Lec~e~>. *<\\gg;¢ `<\ng §§ m gamng X>Q,g\_p.ggg;§g §`Qm=w\§ !Qgg 5,__>:;; bg Su.cs\;gm_up x§; Q\zu`~ ».> `v\\c\.\ b mach cg va _voc> z LS` \No \ mo 33\=§:.¢\\\1£€. bg_<§ 331 \:o\€:c.b §§ ¢¢MQ`C, Vo.€c.§ `(,\\QI.. S\\QQS.L \oe_ w\mx%®@_§_ €.\x:' v “_ `-\`.. :`C=O»A ` "13\\#~ 9 T.. ALMQMMW__ jh_ t\-\ C.o\.s.<~T, \\gu<‘>o_zso\d ‘L. ¢_ ' md tc\\m `.Su_¢.mm\.. Qr\ m% `¥‘m~ "c\'w` ‘&o_\\\€-\vv.§ `?\Q_xz\)z§ -\-"m\\\ %ov\u. A¢A§;:,"g.>‘ §§ go 243@;` m §§ QG§_ u`&m§

Q>. Uu.¢&\w\mo`» O? \\\u.\)c_ Qr~c`tu`uc_ owed a ~\_Q.e.c».\_ enemch food \_o_wl (Sez I.\M\\GR.Q

"\‘<~c>cc_wze. S\¢Ste,m QQ w\<\\x-T,\~<\QQT. QG\`L.A For~vs\\,

__ .._.___I_KQJ_Q\MSOQ '\r\o`\l¢. `C.\`u.\.>, Sou~% "C, `C\\Q `C?` L. Q;L¢~`g.§ tag gp r‘rg,; ;.;n§ `_v§"g§g_ d~.\s §,Qg¢g,;; Mgg¢§ ggoé` §§ z=z.c.,;¢uc.xes \-\cmovo.\¢\.z Su_sxzeo. `C\'\:S I.\.l_z§e.k Q\f\o.vo<‘§z.

h O`Y~€m \\\ ' Lq_¢_;c._\¢\ &u¢. "t.\/\g §§ng 0&‘ \\gg§g tv tgs g§§!.¢~r,s \\g.§gg§!;g§ \5\ \.-.c_ "C ""C.,Q v 1 ug_ tx ue_,g,) g \'¥\\Lx."¢.w\gu`; C>\Lé.u\ m'§`<>\\oul» 3$4:¢,<>.$_ ?¢eM_"

\N\r\r_€.\\ w QvSQQ_ mgm '\<_»Q§,Q g;M`~ 4`0¢ "\~\a \\)Q.o~z\g must T.»o Q.<»`rt 5;&».)~1¢ 0\1;,_\\»\\5-

_Qr~\-»Alq.é !T\'\`I.S um 81an 13 lancech o.né dcaa looT O.QQL\.` "€O \SQ.\:AQ.\`SOQ ku_t

\-\a.n¢u§gg ;Qg$g \_x.g T<> S\r\o@'~\'\\e mag< "r\\¢ wmm-:c,mgg~\ emg

`C.\r\ex, does §SQl&` QL:Q:Q&L `Su_¢§`mm`c o\`~ Ccm\m.~¢.mo` %~“Bu_m`»'|

SQ_\:“Q.Q\.)¢,¢L Q>\" 30`¢\\\`¥0 do %`cx\g>`\xomk QB;\£:.S<)\B

lu 1 ' \-\Q»a<\ Q.Q \'\ . \\ ` `v\v\ Q,cm.\~`c. €c.\\ \Iz `\ S\\ ' Mc> ‘ rev 1 \\: T_ *¥ \<\ cost `\'\x. \> \. ' 1 am o.\\ `i® 3 \ L, rul owng x `c,Q. o m ¢_ w €,~.».v- \\: mr dea j £>ud\\u.n`:' 5a 3 `\ Q o.\.) ~C_'F r a

v \. 3 `C.L ro.. `B\'\o; I.\\ novo §1§;5) dog Qxc.\ggj \Ir.cg

¢ ~ w ¢~ v \\0. ` » c». <& 1 v wm " mg 60 \'\o. wm n \`~n_ w 10 v\x. x -“ mo§ 1 mt \.).<` c * \` €3\ \A 3 l o L mss we <‘_\ o T\\x.s '<\w ` 1

550 `C\\Q)::,‘S_. \\\v~\.\ wng \`-Q\~\>ac>.c~§ march <\\\\\ \_1&‘¢‘

KO_SR`>Q_€C.» Y~v`\\\.\ \1\ mu`?_`

?\ms&*_m§nal\*\\\®`\$“\ °

R\\wé\" \-\e\aA¢L<‘So\Q 1 P<`O SQ..

“\0€.3- C.:.D No. \\`\Q"\S‘-\ G>Lov<§_ %z`C.Q “U`\o:.?.. '\?>°1\ \`-\\\ '323.8

TL\>QQ_SS~?_Q_ €'_c,Lcn'~)uu`(&»¢o.S ‘\S%%Q

IN T\-\E C_ou~.?\"\ O? P\PPER\_S Fov` `

‘TE x A

Nc) OLD- \5- 0003'~\-`€‘_'&

ll\x RE~. RA\\\D`\/ HENDEP\SON

0 RI. C:`:_ \\\ A\_ \\1\\3\~\<&€\\\\¢5 Pe`ee.ezdxm co

`C'Q\:_A\_ COQ.\L`\. Ccu`;\.se NO. OB~\=-Q\‘~\L°~ao&

`LL\Q &»\¢\\o\‘\\\ De.<;\_<:u‘c§.\xo\\ la¢¢léavxl: O¢ RF\“<¥\\‘ \'\gmée_cseo Po.\~ S\'>`Q_\.)"C. Tc> C_I\¢:L ?<\e.».c,tr.c_<% &wé~ ?`o_v\\zéxe§. "C.Qé&

v §e.cx:.ew§ '\33.00\(§.3 ~ \5&.003

\\1\\( N\<\m@ 13 ‘?\o.u<&~.\` \X¢.o<\o.~asoc .. 1 Q.\\\ &m§\\t,¢.ma \{me_% Lo\se\z e.\.r\ bz\g¢\£\\

T\\Q_ Q~%Q_) O\`- $owés'\~<\mé\, mQQbMQ 05 \\\$\i:n`q>`r\\:.$ I; f\¢¢‘;c\cwrc.] unsworn demm‘vm

_1_‘ 1 r-z\_¢_,é c; <`<\<>\-:<>\0 ’60& 3¢,`<4\&\“\@:.?, \\\\s`\\c_ '\°<`0 "\'-\>.\¢.c_ Oc~éo.r~ gm cna O.\oculc OC.'T..Q\Q¢J` \Lg) ?.:§\O\‘-\l ~-\1\13;"¥.\\`¥\'\¢` 303 ué> ibl§`\?">.c`\.. TS\>/~AX.QXQL C,Ou.vi C>(-‘ 9mme \_s. `C' _\ ‘ S Y`~L Q»& 1 van - rov`\"n'<. €.v" \~<\ C:..\QQ`G\\Q,<~ +‘1€ eeo (1'5\ umw Se>o\e\oc.z 'C\\<~g a mod numwa unkka

Q.\ :Su.é:.c.xe.\. Qvoc.egé x.Q§>.

3 \\|\Ov~g E\<\<».\> S`_LK`C,§‘~ CS.Q.§(§ (QOI Ao`¥§ \r\o.\li QQ.§Q§ @§`rlmbg\dg§ `TC> 0.0

\>`\> v Meue».,\<>\_e_ Q\Q,\_o`,\`|\

3. Ou.e. yrcc_@ss 0\`- \_o`v\\ 0~\`~¢00&\5 \\\Q `Y\'\< c>?o\oa`tu`o:.`\,\‘ ve bc_\r\mr<\

N\\¢‘ umwa I.& Q~¢\\a<\u\ \ \ "\31\` ux ` &"\

l

__

\°1£¢“\, C>.u¢ <\\\.\ I.N\\\\t.gr,d.mw`c:.¢~.`x.mc-> mus.w\\:;g\~ z 5` 11"`( 0"\5 3 ’_\_ g5\3 'Q rg§g,§c.b>{

4`<:.\~¢¢;\<“\\\:.>1$ `C.l\>`€_ Q.\oé gewch

’E~xe,c,u:c.e.¢ om"c\'\e_ M_ c\c.\l; o+` _Sd~\o E \ &O\S

'ii wm T®CS \\`\O'\S‘~\

AFF::ANT

yRandy-Henderson #1170754 George Beto Unit 1 1391 FM 3328 Ten` ssee Colony, TX 75880

October 15,`2014

Honorable Billy Fox Branson, Distriot Clerk Courthouse, 710 James Bowie Dr.

`P.O. Box 248 _

-New Boston, Texas'75570-0248"

v RE: Cause No. O3-F-0146-202

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

Also,-please find two originals of this copy letter, Please file stamp and

vreturn one (1) to me in the enclosed S.A.S.E. Thank you very much for your time and attention to this matter.

Sincerely,

j§3a§§av§gix§gimm§__ltuxi§:L_v Randy Henderson, Pro se TDCJ-CID NO. 1170754 _\ ' George Beto Unit'. ' 1391 FM 3328 Tennessee Colony, Texas 75880

_,.cAUSE No. 03-F-0146¢202 RANDY HENDERSON, FIN.THE.ZOZND-JUDICIAL ' Appellant, ` ' ' DISTRICT coURT`OF v. ` BowIE.cOUNTY, TEXAS IHE sTATE oF TEXA$, ’ n Appellee.

HEAR:NG;REQUE$TING. 'MoTIoN.FOR'JUDGMENT'NUNCHPRO:TUNc_oRDER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Randy Henderson, Appellant Pro se, Pursuant to Texas Rules y of Appellate Procedure, specifically Rule 23. Z(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:

\

1. JURISDICTION

The Court has jurisdiction pursuant to Texas Rules of_Appellate_Proce-

dure, rule 19.3(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. '

4 STATEMENT OF THE CASE Appellant appearing before the Honorable Bill Peek, presiding in 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).

1 of 2

_111`. CLERICAL ERROR

The Texas Department of Criminal Justice (TDQJ) records reflect that Appellant' srtime calculation is erroneous, which manifest a clerical error. According to the Inmate Tracking System Commitment Data Form dated January '15, 2014, Appellant's Maximum Expiration date changed from 2023 to 2038_which adds 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 CT 3 & 4._",',‘;'.v The Judgment of Conviction reflects that 3 & 4 as well as 1 is concurrent to 5 & 6. By stacking this to 5 & 6 adds a new sentence without a judicial proceeding. The State Counsel for Offenders returned count seven 67); not guilty.

Appellant, therefore, seek an order from the Court ordering TDGJ to ad- ` just the inaccuracies and deficiencies in Appellant's records in regards to his sentence.'

WHERETORE’PREMISES*CONSIDERED-, Appellant'for reason shown moves the Ho- norable Court to issue the necessary Court Order ordering that the Texas De-

partment of Criminal Justice records reflect the truth of what actually occur- red. "

Respectfully_submitted, bk

W Randy Henderson, Pro se

'2 of'2

ON CALENDAR TIME

\~\S-'QO“\

*§17::,* , ~ 1 g 1NMATE TRACKINGVSYSTEM* 2 b 53 “5 ' ". , - , chMITMENr BATA FGRM ‘ Qj\\-: PAGE ' 1 sID No.... -7703 Tnc No: 01170754 FIA Nor' 000000 .NAME......: 4 h`oN,RANDY _ -DSB; 08/27/1964 RACE: B sEx= M RECE1VED;.= 06 ;97 003 uNrT..: B BETo _ ‘ sENT BEGN.= 04/29/2003 ' ’ -' ' 83 NET sENT..:_o ~00M 000 LEGstATuRE- 73RD our 0F cusT.: MIM EXP DT; 01/01 0001 Ms cALc cn.. N -BoNus TIME..; 0 MAx EXP nT= /2§ 2038 PAR cALc cn= FLAT 0NLv 1gg_gA;g;EABi_ggugggggLul osFENsE MAX. TERM vMD 0FF DATE, sENT DATE cc P couRT/couNTv nEscRIPTIoN /sENT BEG- . cu L cAusE /MIN ExP“ /MAx ExP /PARoLE ' ¢~ /ouT 0F cusT., DwI . 0005Y 00M 000 06/16/2001 05/01/2003 cc s 202 30w1E 1 , 04/28/2003* lAIL sr v 01- -F~ 0373- 202 cNT;uo 1 . _ .00/27/2003 04/27/2003 01/01/0001 Msch~ PRLcL=N 5 ` . DEc:-MBL1332 ucc- GME0339 ' ' INDECENCY w/cHI 0003Y now 000 03/01/2000 05/01/2m03 cc N 202 BowIE Ln¢EmesuRE 04/29/2003 JAIL GT=Y 03-F-0146-202 cNT=01 » 04/29/2011 04/29/2011 01/01/0001 Msch= PRLCL=N DEC= GMEo339 QCC= JcI9401 INBECENcY-w/cHI .0015v 00M 000 06/01/2000 05/01/2003 cu N 202 BowIE Ln-sEx coNTAcT 04/29/2003 JAIL GT=Y 03-F-0146-202 cNT=03 v 04/28/2038 04/28/2038 10/27/2020 Msch:v PRLcL:F , -, DEc= GM50339 ncc= Jc19401 4 11wosc ENcY w/cHI 0015v don 000 10/01/2000 05/01/2003 cu N 202 Bole LD sEx~ anrAcT 00/29/2003 JA1L GT. Y 03- F- 0146~ 202 cNT=oa was ¢vwk Gm“““»€> 04/28/2038 .04/28/2033 10/27/2020 Msch. PRLcL=r mug aQ\L DEC: GME0339 mcc= J019401 INDEcEch w/cHI 0015Y now 000 12/20/2000 05/01/2003 cu N 202 BowIE Lo sEx- coNTAcT 04/29/2003

See w¢l»a\' Q@~‘&

No. Ol~F-O374-202

stare 01 TEX_A.s ' - )( § rN THE DISTRICF@MF 99 959 9999 vs ' §§ b OF k 03 raw 23 nn 9: 55 . ' )( 2 K_¢\NDY HENDERSON - )( BOWIE COUNI p ln“>§h,’§¥ 1 F UX

MO'Z`I()N TO DISMISS TO THE HONOPQ\BLE BUDGE OF _SAID COURT:

n NOW COMES the State of Texas by and through£'her Assistant Criminal »Disu'ict At‘tomey, and res_oeet:§"=.zliy requests the Court to dismiss the entitled numbered cause against the Defendant., RANDY §§ENDERSON, in Whic`n the Defendant is charged with the offense of ` INDECENCY WY.TH '-\. CHILD and for cause would show the Court the following-

Defendant Was re-indicted in cause number 03-F~0146~202 and was sentenced to 8 years 15 years (3 tiriies) and 20 years in the Texas Department of Criminal Justice- Institutional Di'vision In the interest

of justice this ease Should be dismissed

WHEREFORE;', it is prayed that the above entitled and numbered causes"be dismissed

Respectfully submitted

Nl OL_E'HABERSANG ASSISTAN'I` DISTRICT A'['I`ORNE

ORDER

The foregoing Motionv having been presented to me on this day and the same having

been considered, it is theretore, ORDERED, ADJUDGED AND DECREED that the said above

entitled and numbered cause be and the same is hereby dismissed against the Defendant,` RANDY HENDERSON.

siGNED rHls fl_ DAY or MAY 2003 _ ' . , /"\§ ’Db .-/ / JUDGE PRESIDING

zozndJudiciail)ismcrcom_ 5 ` ' Bowie Counry_,Texas ' '

Cause No. 03-F-0i46-202 (Co'uNT oNE) TRN 9027854769¢.¢ » \,

THE srArE oF TEXAS V. . 4 RANDY HENDERSON, DEFENDANT

s_lg: TX04157703

00¢<03€0')

\\~ C’T¢"-;/r] P:,'.Z} -IN THE ZOZND JUDICIAL

" DlSTRICT COURTIQ ; '.- BOWIE COUNTY, §z' l l

J'UDGMEN~T oF CONVICTION BY JURY' SENTENCE BY JURY To INSTIT_UTIONAL DIVISION T__I_)_CJ

QATE OF IUDGMENTZ JUDGE PRESIDING: ATI`ORNEY FOR THE STATE: ATTORNEY FOR T`HE DEFENDANTZ QB`B_`§F:_? STATUTE FOR OFFENSEZ DEGREE OF OFFENSE: APPLICABLE PUNlSHMENT RANGE ('_gl cloud inge enhancements if _a_rg)_ DATE OF OFFENSE: CHARGING lNSTRUMENT' lll_,§`:_i§__'_l__Q OFFENSE. PLEA TO ENHANCEMENT _ `PARAGRAPH§S): VERDICT FOR OFFENSEZ FlNDING ON ENHANCEMENT; AFFIRMAT!VE `FINDING ON DEADLY WEAPONZ OTHER`AFFIRMATIVE SPEClAL FINDINGS: DATE SENTENCE IMPOSEDZ PUNISHMENT AND PLACE OF CONFINEMENT: TIME CREDITED_‘TO SENTENCE;

Q_UBI_CO_S_T_S_

TOTAL AMOUNT OF RESTITU'I`ION: NAME AND ADDRESS FOR

' RESTITUTION:

May l_, 2003

Bill Peek

Nicole Habersang

David Lashford

Indecency with a Child-Exposure Artic\e 22.11, Penal Code

Third Degree Felony ~ '

T bird Degree 2-10 in prison/max $10,000 fine March l, 2000

lndictment

Not Guilty

Not Applicable

Guilty Not Applicable Not Applicable

Not Applicab|e

May l, 2003

8 years in the Institutional Division-TDCJ, and a $None fine

06-27-01 to 06-28-01

05-01-03 to Present

5237.25

$None

DS4: .ludgment oi`Conviction by 'Court; Sentence By .lury, Cause No. 03»F-0146‘-202; Page l of 3 Pages

The Sex Offender Regi_stration 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 attemey 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 otheis, was duly selected, impaneled and swom. 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 attomey, 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: l '

We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child by exposure as charged iii count one 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, alter 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 M`inutes of the Court as follows:

We, the jury, having found the defendant Randy Hendcrson, guilty of indecency with a child by exposure as charged iii 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 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

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

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

lt is ORDERED by the Court that the Defendant be taken by the authorized agent of the State'ot` ’I`exas or by the Sheriff of this county and be safely conveyed and delivered to the Director, lnstitutional Division~TDCJ, there to be confined in the manner and for the period . aforesaid, and the said defendant is hereby remanded .to the custody of the Sherit`f of this county until such time as the Sherift` 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 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 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 requirements ln addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant.

THIS COUNT lS 'i`O RUN CONCURRENT WITH COUNTS 3, 4, 5 AND 6.

\,D signed en the __/_;¢ ” day orMay, 2003.

Judge P`r'esiding

DS4: Judgmeni ot'Conviction by Coun; Sentence By Jury, Cause No. 03-F-0146-202; Page 3 of 3 Pages

CAUSE NUMBER

ila :Q,_Q: FL<='¢ g¢- di gin e\~ " " ,., §’2”2 ~ E- g iii ie' D<'/Z~ AME ') . DPS NUMBER

_ t cERTiFY THAT THE AB"ovE CAPTIONED mMATE `

HAS COMMI'I'I`ED NO SERIOUS AC'I` OR MISCONDUCT WHILE IN MY CUSTODY

_F_ I CERTIFY THAT THE ABOVE CAPTIONED INMATE

CoM_MiTTED sERiouS ACTS OF MiscoNDucT As FoLLows;

moment DAI_E

DATBS SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORD_ER:

iu ` our W/(_v l g :,), c i v C;» 344-02 €)" / " L 79 "r'i§ci CooRDiNAToR

, COUNTY SHERIFF DEPARTMENT

..__.___.__-.._..._,.,.,__.... ..

THIS FORM SHOULD ACCOMPANY ALL INMATES COMMITMENT

PAPERS TRANSFERRED TO THE TEXAS DEP_ARTMENT OF CR\lMlN A.L JUST[CE INSTlTUTlONAL DIVISION.

A'l'l`: ST.A"&`E READY DEPAR'I`MENT

No.".'B F[) l`i' ie`éub 9~ ‘ Q~'ou‘/‘+‘ " This page is attached hereto and made part hereof the judgment in this cause,`pu`rsuant to

Article 38.33`ofthe 'l`exas Code ot`Criminal Pr edurcs.

NAM£ OF ZEFENDANT (PRINTED)

@ _ SIGNA OF DE ANT

DEFENDAN'¥."S RIGHT 'I'HU`MIBPR[NT

;." ';- ` "\\ .

NO. 03-F-0146-202 (COUNT TWO)

:_"- F-r" 5""~'~'? Filf\'".'"i:i>l`v

9"~;§??'§'21'.1 P§-l 1121

s'rATE oF TEXAS )( iN THE 202"” JUiiiciAL __ - t

vs. ' _)( DISTRICT Corir%'i ._ -.

RANi)Y HENDERSON )( BowiE CoUNI ________ / ”’/Y 42§ JUDGMENT

'l`he Defendant having been indicted in the above entitled and numbered cause for the felony offense of INDECENCY WITH A CHILD BY EXPOSURE, and this day this cause being called for tiial_, the State appeared by her Assistant Criminal District Attorney, NICOLE HABERSANG. and the Defendant, RANDY HENDERSON, appeared in person and his counsel, DAVlD LASHFORD, also being present, and both parties announced ready for trial, and said Defendant in open Court was duly arraigned and pleaded NOT GUILTY to the charge contained in Count Two of the Indictrnent herein; thereupon a jury, to-wit: Derek Dwight, _ foreman, and eleven others, was duly selected, impaneled and swom, who, having heard the indictment read, and the 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 minutes of the Court, to-wit:

' NOT GUILTY OF lNDECENCY WITH A CHILD BY EXPOSURE

IT IS THEREFORE FOUND AND ADJUDGED BY THE COURT, that the said Defendant is NOT GUILTY of the offense of lNDECENCY WITH A CHILD BY EXPOSURE in Count lwo of the Indictment.

cea usa

, BlLl. l’EEK, Judge of the 202nd J udicial District Court Bowie County, Texas

'§» t c ~ 0 z DATE SIGNED

Cause No. 03~F-0146-202 (CoUNT.TnRi~;E) TRN 9027§§'4;/§9,_0_,

THE sTATE or TEXAS V. RANDY HENDERSON, DEFENDANT

sin: Tx04157703

` "11"¢‘/1_:>;'1

- t~-'"-‘.' c . iN THE 202ND Jtii§icin‘i§" p " 21

DISTRICT COURT OF ;"

BowIE CoUN'%E#/Q;/ `

JUDGMENT OF CONVICTION BY JURYJ‘

SENTENCE BY JURY TO INSTITUTIONAL DIVISION, TDCJ

DATE OF IUDGMENT____.

JUDGE PRESIDING:

ATTORNEY FOR THE STA'I`E: ATTORNEY FOR '_l` HE DEFENDANTZ Mt@

STATUTE FOR OFFENSE: DEGREE OF OFFENSEZ APPLICABLE PUNISHMENT RANGE (including enhancements, if any);

Q&TE CF OFFENSE:

CHARGING INSTRUMENTZ E_LEA TO OFFENSE:

PLEA TO ENHANCEMENT RA_RAGRAPH§S !:

VERDICT FOR OFFENSE: FINDING ()N ENHANCEMENT: AFFIRM.ATIVE FlNDING ON QEADLY WEAPON:

OTHER AFFIRMATIVE

SPECIAL FIND[NGS:

DATE SENTENCE IMPOSED:

' PUNTSHMENT AND PLACE OF CONF[NEMENT:

TIME CREDITED TO SENTENCE:

CoURT Cosrs; ToTAL AMouNr or REsrirUrioN: NAME vAND AD_DREss roR gEsTITU'rioN;

Indecency with a Child-Sexual Contact Article 22.11, Penal Code

Second Degree Felony

Second Degree 2-20 in prison/max $10,000 fine June l, 2000

Indictment

Not'Applicable

Guilty_ Not Applicable Not Applicable

15 years in the lnstitutional Division-TDCJ, and a $None fine

06-27-_01 to 06-28-01

$237.25

$None \

DS4: Judgment oi'Conviction by Court; Sentence By Jury, Cause No. 03-F-0l46-202; Page 1 of 3 Pages

The Sex Offender Registration Requiremenhs under Chapter 62, CCP, apply to the Defendant, The agc of the victim at the time of the offense was 10 years ol_d.

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 attorneyz 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 swom. Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict, ARerward, 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 three 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 ot`ficer, 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 three of the indictment, assess his punishment at confinement for lS 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

lt 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 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, Institutional Division-TDCJ, there to be confined 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 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,

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 'l`exas Depaitment 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 requirements ln 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 l, 4, 5 AND 6.

. , viii Signed on the _Lgo ` _ day of May, 2003.

Judge Presidihg}

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

QG\N\&\.\ Hc$t!\i\dlti\nf»~ A O’.l)-F-Q/L/S”D€/z. i\?AME

_ i cnarii=Y THAT THE A'B"ovE cAPTtoNBD iNM ATE

HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT W'HILE TN MY CUSTODY '

l CERTIFY THAT THE _ABOVE CAPTIONED INMATE

coMMITTED sERIOUs ACTS oF MISCONDUCT AS FoLi,oWs: -

DATES SUB]ECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:

us our @"9,'0) . &'%'02 F'J'~ L/ C’ ’*')

'rocJ CooRDiNAToR ' ' -'

COUNTY SHERIFF DEPARTMENT THlS FORi\/l SHOULD ACCOMPANY ALL INMA'I`ES COMMITMENT PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF CRlMlNA'L .l USTICE lNSTlTUTIONAL DIVISION. -

A'VT: STA'I`E READY DEPARTMENT

Q,owi+ No.oa Fl%-a-o;l FEB

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

Article 38.33 of the Texas Code ot` Criminal Procedures.

NAME OI€DEFEN'DANT (`PR-D`I'I'ED)

fn az©

IGNA OF DEFENDANT

DEFENDANT’S R.IGHT THUM'BPRD|T

,`

THE STATE ()F TEXAS

C.O'¥WBQO'>

v. RANDY HENDERSON, DEFENDANT

SID: TX04157703

JUDGMENT or CoNviCTIoN BY JURY SENTENCE BY JURY To INSTITUTIONAL DivISIoN ‘ TDCJ

DATE OF JUDGMENT: May 1, 2003 _ IUDGE PRESIDING: Bill Peek ~ ATTORNEY FOR THE STATE: Nicole Habersang A'I`TORNEY FOR THE DEPENDANT: David Lashford

Q_Ij`fENSE: Indecency with`a Child-Se_xual Contact STATU'I`E FOR OFFENSE: Article 22.11, Penal Code DEGREE OF OFFENSE: Second Degree Felony APPLICABLE PUNISHMENT RANGE @udino enhancements if any)_ Second Degree 2-20 in prison/max 310,000 fine DA'I`E OF OFFENSE: October l, 2000 CHARGING INSTRUMEN'I`: lndictment PLEA TO OFFENSF.: Not Gui|ty PLEA TO ENHANCEMENT Not Applicable PARAG RAPH§S!: VERDICT FOR OFFENSE: Guilty FINDING ON ENHANCEMENT: Not Applicable AFFIRMATIVE FINDING ON Not Applicable ~ ‘ DEADLY WEAPoN; 4 O'I`HER AFFIRMATIVE Not Applicable SPECIAL FINDINGS: DATE SENTENCE IMPOSED:_ May l, 2003 PUNISHMENT AND PLACE OF 15 years in the Institntional Division-TD_CJ, and a CONFINEMENT: SNone fine TIME CREDI'I`ED TO SENTENCE: 06-27-01 to 06-28-01 05-01-03 to Present COURT COSTS: 3237.25 'I`OTAL AMOUNT OF RES'I`I'I`UTION: $None NAME AND ADDRESS FOR RESTITUTIO_N_:

DS4: Judgment of Conviction by Court; Sentence By Jury, tjaust: `N:.i tlji~l?»~tllll(i-ZOZ; Page l 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 o|d.

On the date stated above, the above numbered and entitled cause was regularly reached and called for trialz and the State appeared by the attorney stated above, and the Defendant and the Defendant’s attomey, 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 sciect.ed, impaneled and swom. Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict. Atierward, being brought into open court 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 answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the Minut`es of the Court as follows:

We, the jury, find the defendant, Randy Heuderson, 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 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 attomey, and the_A State’s attorney being present,A 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 four of the indictment, assess his punishment at confinement for 15 years in the lnstitutional Division of the Texas Department of Criminal Justice.

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

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

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

lt 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 Dircctor, lnstitutional Division-TDCJ, there to be confined 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 Sherii`t`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

Special DL for Sex Oft`ender: Pursuant to article 42.016, Code of Criminal Procedure, the court orders thc 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 Wtitten notice from the Texas Department of Public Safety (DPS) and to annually renew the license or certificate lyn 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

THIS CGUNT `lS TC) RUN CON`CURRENT WITH COUNTS l, 3, 5 AND 6.

v , »,~.¢’ Signed on the llg_ ': day of May, 2003.

’ ` Judge Presiding

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

~iaaaaal_taiw\~ _`" Q?)-)~~/i/t/é/;e/z. AME - DPS NUMBER ' cause NuMBER

. _____ 1 CERTIPY THAT TI'IE ABOVE CAPTIONED INMATE HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT W'HIL`E_ IN MY CUSTODY

i' CERTIFY THAT THE ABOVE CAPTIONED INMATE

COMMITTED SERIOUS ACTS OF MISCONDUCT AS FOLLOWS:

DATES SUBJECT HAS BBEN ARRESTED AND RELEASED ON THE ABOVE CAUSENUMBER IN CHRON_OLOGICAL ORDER:

in our QQ’QYICH o M»o) a t v a _

rDcJ cooRDINAroR

M COUNTY SHERIFF DEPARTMENT THIS FOR`M SHOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS '"'i`RANSFERRED 'I`O THE TEXAS DEPARTMENT OF CRIMLNAL l UST!CE lNSTlTUTIONAL DIVISlON.

ATT: sims READY DEPARTMENT

4/ NO, ozForl/(,-aoa ‘§¢Mn

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

Article 38.33 ofthe Te:

NAME or §FENDANT rPatN'rED) a ve §<:\

SIGNA OF DEFENDANT

DEFENDANT'S RIGHT THU`MBPR[N'I`_

CauS€ NO. 03 -F~ 0l46- 202 (COUNT FIVE) TRN 9027854769 n ima b "`¢.`~-§D U_Jt z',`,""['] P_‘! 121

THE sTATE or 'rE:~

Y. TX04157703

J'UDGMENT or CoNvICTIoN BY JURig SENTENCE BY JURY To lerITUTIoNAL DivisloN, TDCJ

Q§_IE OF JUDGMENT: May l, 2003 JUDGE PRESIDING: Bill Peek ATTORNEY FOR THE STATE: Nicole Habersang ATTORNEY FOR THE DEFENDANT : David Lashford

OFFENSE: Indecency with a Child»Sexual Contact STATUTE FOR OFFENSE: Article 22.11, Penal Code t)r.GREE or orFENsE: second Degree Felony APPLICABLE PUNISHMENT RANGE - (including enhancements, if any)' Second Degree 2-20 ill prison/max $lo,ooo fine DATE OF OFFENSE: December 20, 2000 CHARGING INSTRUMENT: Indictment PLEA TO OFFENSE: Not Guilty PLEA TO EN'HANCEMENT Not Applicable PA_RAGRAPH§S): anDlCT FOR OFFENSE. Guilty F[NDING ON ENHANCEMENT: Not Applicable AFFIRMATIVE FINDING ON Not Applicable _QEADLY WEAPON_: OTHER AFFIRMATIVE Not Applicable SPECIAL FINDINGS: DATE SENTENCE lMPOSED: May l, 2003 PUNISHMENT AND PLACE OF 15 years in the Institutional Division-TDCJ, and a CCNFINEMENT: SNooe line l TIME CREDITED TO SENTENCE: 06-27-01 to 06-28-01 05-01-03 to Present Q_QURT COSTS: $237.25 TOTAL AMOUNT OF RESTITUTION: $None NAME AND ADDRESS FOR B_ESTITUTIO__I\L

DS4: Judgment ofConviction by Court; Sentence By Jury, Cause No. 03-F-Ol46-202; Page l 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.

On the date stated above, the above numbered and entitled cause was regularly reached and called for trial7 and the State appeared by the attorney stated above, and the Defendant and the Defendant’s attomey, 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 swom. Having heard the evidence submitted and having been duly charged by the Court, the jury retired to consider their verdict, ABerward, being brought into open court 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 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, thejury, 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 Therealier, 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 attomey, and the State’s attorney being present, and being asked if thc 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 five of the indictment, assess his punishment at confinement for 15 years in the institutional Division of the Texas Depart:ment of Criminal Justice.

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

It is therefore OR.DERED, 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 Texas do have and recover of said defendant all court costs in this prosecution expended, for which execution will issue

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

lt is ORDERED by the Court that the Defendant be taken by the authorized agent of the State of Texas or by the Sherif‘f of this county and be safely conveyed and delivered to the

Director, Institutional Division-TDCJ, there to be confined in the manner and for the period __

aforesaid, and the said defendant is hereby remanded to the custody of the Sherif`f 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

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 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 requirements ln addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant

Cumulation Ordcr {Artt 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 and sentence in Count 6 has ceased to operate

THIS COUNT ES TO RUN CONSECUTIVE WITH COUNT 6 AND IS TO RUN CONCURRENT WITH COUNTS l, 3, and 4.

~L_C`) y ,.__ signed on the l ~'§- ,day orMay, 2003.

,/

Judge Presiding

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

QGL\[\&~ )\_i_t$iiv\i©mn\» g (’)“)'F-@/L/l¢’}<’/L HAME O’ DPS NuMBER CAusE NUMBER

- _____ 1 cER'riFY THAT THE A'B"ov.E cAPTioNED iNMATE

HAS COMMIT'I`ED NO SERIOUS ACT OR MISCONDUCT \NHILE IN MY CUSTODY : _. l

l CBRTIFY THAT THE AB OVE CAPTIONED INMATE

COMMITTED SERIOUS ACTS OF MISCONDUCT AS FOLLOWS'. ` ~

moment 'nAJ:E

DATES SUBIECT HAS BEEN ARRESTED AND RE_LEA__SED ON THE ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:

in o_ul 19 ,_3/,7/0) d M'cl §» /' C) 73 TDCJ cooRDiNAToR

___ ' COUNTY SHERIFF DEPARTMENT

THIS FORM SHOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS TRANSFERRED TO THE TEX_AS DEPARTMENT OF CRll\/IINAL JUSTICE lNSTlTU'I`IONAL'DlVISION.

Ari; stare READY DEPARTMENT

No. 0 3 l:O lqlo‘“éldl ` Q,O¢"’l+ 5

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

Article 38.33 ofthe Texas Code ofCriminal Procedures.

gag &@,/,,M NA.ME O EFEN'DAN'I` (PRIN'I`ED)

IGNA DEFENDANT

DEFENDANT’S RIGHT THUM`.BPRINT'

Cause No. 03_F-0146-202 (COUNT siX) TRN 90278§£76§ -”'

;.THE sTArE 0F TEXAS 4 V. RANDY HENDERSON, DEFENDANT

s_i_i;; Tx04157?03

°Frnnn-

03??1`:'§~`.'§‘ i-`.`l l: 21 iN THE zozNé;U§JDIC ; - m Disriuc'rc ` ron ,' ix BoWIE COUNI`L .T_E_. “"‘YZ%Z;

JUDGMENT oF CoNviCTIoN BY JURL

SENTENCE BY .lURY_ TO INSTITUTIONAL DIVISION,

TDCJ

DATE OF JUDGMENT:

_J’QDGE PRESIDING:

A"I`I`ORNEY FOR THE STATE: ATTORNEY FOR THE DEFENDANT: OFFENSE:

STATUTE FO`R OFFENSE:

DEGREE OF OFFENSE: APPLICABLE PUNISH]VIENT RANGE

(including enhancements, if any)i

i_)_ig_riz oF 0FFENSE:.

cHARGING iNsrRUMENT: PLEA TO oi=FENSE:

FLEA To ENHANCEMENT yARAGRAPH s ; vERDicT FoR 0FFENSE:

F[NDING ON ENHANCEMENT:'

AFFIRMATIVE FINDING ON DEADLY WEAPON:

DATE SENTENCE IMPOSED: PUNlSHMEN'I` AND PLACE OF CONFINEMENT:

TIME CREDITED 'l`O SE`NTENCE:

coURr Cosrs;

rorAL AMoUNr oF RESTITU'HON: NAME AND ADDRESS FoR

~ RESTITUTIQIL

May 1, 2003 -

David Lashford 4

indecency with a Child-Sexual Contact Article 22.11, Penal Code

Second Degree 2-20 in prison/max $l0,000 fine December 20, 2000

_ Not Applicable

May 1, 2003

20 years in the Institutional Division-TDCJ, and a $None fine ' 06-27-01 to 06-28-01

05-01-03 to Present ~ ., ` g $237.25 4 §1~ $N one ..'*- ¢.“i" "

DS4: Judgment ofConvic_tion by Court, Sentence By Jury, Cause No. 03-F-0]46-202; Page l of 3 Pages

b_»

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

This sentence shall inn 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 attomey, as stated above, were also present. Thereupon both sides announced ready for trial, and the Defendant pleaded not guilty and a jury, to witt Derek Dwight, and eleven others, Was duly selected, impaneled and swom. 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 ofticer, 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 answered it had and returned to the Court a verdict, which was read aloud, received by the Court, and is now entered upon the M`iuutes of the Court as follows:

We, the jury, lind the defendaut, Randy Hendcrson, 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_erihancement 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 oftic'er, 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 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 at confinement for 20 years in the lnstitutional Division of the Texas Department of Criminal Justice.

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 '

lt is therefore OR.DERED, A_DJUDGED 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 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

lt is ORDERED by the Court that the Defendant be taken by the authorized agent oft the State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the ,.Director, lnstitutional Division-TDCJ, there to be confined in the manner and for the period aforesaid, and the said defendant is hereby remanded to the custody of the Sherif`f of this county until such time as the Sheri.ff 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.

Special DL for Sex ()ffender: Pursuant to article 42.0|6, 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 Departrnem 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 requirements ln addition, the clerk of the court shall send a copy of this order to the DPS and to the Defendant,

Cumulation Ordcr (Art. 42.01, Sec l(l9) CCP): Thecourt orders that the sentence in this conviction shall run consecutively and shall begin only when the judgment and sentence in Count

5 has ceased to operate

TH]S COUNT lS TO RUN CONSECU'I`IVE WITH COUNT 5 AND lS TO RUN CONCURRENT VVITH COUNTS l, 3, and 4. ~

Signed on the _,l__§»c day ofMay, 2003.

Judge Presiding q

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

gg,;sm§a%/_JMNM ` ` _` ©?)-F-/)/lLZ¢”Dc’/z_, AME 'DPS NUMBER

CAUSE NU’MBER

. I CERTIFY THAT THE AB`OVE CAPTIONED INMATE

HA.S COMMITTED NO SERIOUS ACT OR MISCONDUCT WHILE TN MY CUS'I`ODY `

l CERTIFY THAT THE ABOVE CAPTIONED INMATE

COMMITTED SERIOUS ACTS OF MISCONDUCT AS FOLLOWS: ~

DATES SUB.TECT HAS BEEN ARRESTED AND RELEASED ON THE ABOVE CAU SE NUMBER IN CHRONOLOGICAL ORDER:

lid1 QllI /0 97 cit 0_24<~01 ‘”?» l ' 0 '1> 'rDcJ CooaDiNAToR

COUNTY SHERIFF DEPARTMENT THIS FORM Sl~lOULD ACCOMPANY ALL INMATES COMMITMENT PAPERS 'TRANSFERRED TO THE 'I`EXAS DEPARTMENT OF CRll\/ilN AL J USTlCE lNSTlTUTIONAL DIVISION.

A'l"l". ST.»'-\TE READY DEPARTMENT

No.oz€o)%~sma ~ O,oun+¢,

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

Article 38.33 of the Texas Code ot`Criminal procedures

ézmz; &;¢_d/¢ao¢z NAME O DEFEN'DANT (PRMED)

OF DEFENDANT

SIGNATI

DEFENDANT`S RIGHT THUl\/IBPRINT

/ZZ//LZ4 -/j

/ 05

.// j/:.

ll

5 ,/,4¢¢*5//(¢;/1/'%"' "`

/

1 ga

:'I r* ‘ 'l.'="-’ '»`g'ic ,s£-».-.,`,

No. 03-r-0146-202 (coUNT sEvEN) n '} ?" T" o .. D" ’~' =='-G F.’i l: 21 sTATE 0F TEXAS 1 )( ns THE 202"°`»’-'$9)& rAL 'i :_, , , ~ ' ) “x vs. )( DIsTRlCT eo W‘; f‘r{;z§ RANnY HENnr;RsoN )( Bowie coUNTY, rExAs ' '

JUDGMENT

The Defendant having been indicted in the above entitled and numbered cause for the felony offense of AGGRAVATED SEXUAL ASSAULT U_F A CHILD, and this day this cause being called for triai, the State appeared by her Assistant Criminal District Attomey, NICOLE l-IABERSANG, and the Defendant, RANDY HENDERSON, appeared in person and his counsel, DAVlD 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 Indictrnent berein; thereupon a jury, to-wit: Derek Dwight, foreman, and eleven others, was duly selected, impaneled and swom, who, having heard the indictment read, and the 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 minutes ofthe Court, to-wit: NO_T GUlLTY OF AGGRAVATED SEXUAL ASSAUL'I` OF A CHILD

IT lS THEREFORE FOUND AND ADJUDGED BY THE COUR'I`, that the Said Defendant is NOT GUlL'I`Y of the offense of AGGRAVATED SEXUAL ASSAULT OF A CHILD in Count Seven of the Indictment.

BILL PEEi<, Judge ofihe 202nd Judicial District Court Bowie County, Texas

5 - ilp' o 5 DATE siGNED

t _ _ -:¢...-.;-;;ir-=,-,=.; -l.#iawiwc,»

Nb~ _ _ _ sz>sm sm>nm~zn w

. j nozz~azmzs uses mean v e>@m ~ m~e zc...r».psemooom sen zo" assesses ess zQ" assess z>zm.....»".;mzum moz.m>ze< news Qm\-\~esa z>nm" w wmx" z mmam~a=mm“ umwa aaa en n=ms."_r:is z~z mxe equ,o~\e~\=os~ gm n>rn.ne.s z ;mez=m a~zm..“ o z>x mxe easyoa\~ms~omw e>m n>rn men mr>a er< sen n>rn e>m" HQ\N®\~Q~C

n>rn. e>morm n>rn,.e>merm

rtbz O>rmzb>w Hmzm owimiowomimcm cm 1 02 O>rmzn>m Hmzm _ ominio~omimom cm

mms>mmm...“ -r rpm mmn_o_sz maez moEHm noczH< Ocmmmnszm . , dc omdmz. Ucm 40 rmm>r op~z~oz maez OQO nocsz m m m £Hrr uzr< wm md>nrmc Ho OH w.m o E:HOI >mm Hmm nozqmorr~zm.nc mmr>H HIHm Hm > nc n>mmc n>cwm #owmu~nmimcm GH mmc mmc oimoiom >mm mr~® mcm_?®morm~ HHzm_n>rO Hz GH m m m >mm Umzcdzm wpp

._z>x" »-N@-~me .. FQA§K ZFFE \ _ l

/ . .` M.b@rw€/.N €P.A JOHO proffth .D.O.rji\ 1 Or/oo.rr.¢ pr J/Qu¢

. s / . l FOwn¢§HbWDCm l;/H.m. /X/nan,//thO 7 3// V@c/gcnf

/ . . 1 ®C.cn/ ftc nocC lQ,.LC po_cdoh”go/ we..o/,.Nr_ns\w nuiGCC

Q>® i_\n\n £On¢n\.u .FDH.¢A\`[~

State Cauno ce faa '(Yffen`deu`

a'f»~' ¢¢qu~r 1 ‘o`¢e'~ 'gwa¢¢

P._o_ Box 4005 __ _ ~Huntsvil|e, TX 77342-"4005 _ (936) 437-5203 9/ 3 0/ 20 1 4 Randy Henderson TDCJ #1170754 Beto Unit (B l/022)

Dear,Mr. Henderson:

Your records have been updated. The Board of Pardons and Parole voted on 03/01/2014 to allow Counts 3 & 4 of Cause No. 03-F-0146-202 to “.cease to operate”. This'allowed counts 5{1)6 to begin. With the ' j ail'time credit awarded to these to counts, it resulted in

. sentence begin date of 02/27/20'14. ` - ` n

a

QMM n l l _ W ;w@s boyce foot C°_“""

_J. Moore _ ~ O.‘_MJ__ c

Legal _Assistant Support Manager m W"\" " 1 g § w\vwi,` Oi §m»>a.ecé\_€lwli Appellate Section \¢\wL _'w\@¢~¢&j "“`\ MW_ w ma sep \"O‘L l ri l ;-\os~c~ de louie @*’"“‘

cc: ie . »

Q.e~a_ -"rr.w@_ S\QLT-'_,.,CU~¥®A& __} M

I~(oo F'LAW\ lia'~°l~'~'