Jackson, Raul David

Opinion

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RAUL D. JACKSON #1367898 William R Boyd Jr Unit 200 Spur 113 Teague, Tx. 75860

Court of Criminal Appeals June 3, 2015 Louise Pearson, Clerk ,~

P.O. Box 12308

Austin, Tx. 78711

RE; Ex PARTE RAUL DAVID JAcKsoN, writ NO. wR-73,697-06, wR-73,697¢07, wR-73,697-08, wR-73,697-09

Dear Clerk,

Enclosed please find Applicant's Suppl@mental Appendix to Brief`in Support of Application for Writ of Habeas Corpus to be included in the record in the above-referenced cause numbers.

In an Order issued by the Court on May 20, 2015, the Court requested the original plea papers be sent from the trial court. l did, however, make this request to the trial court clerk at the time of filing that these papers and others be included in the habeas record,and the clerk failed to comply with my request. I have included only the papers that l referenced in my application and brief. Including the Notice of Dispositions that l believe that the trial court clerk may not send and are relevant to my claims for relief.

Please bring this information to the attention of the Court. Thank you. '

Applicant, Pro Se

RECE|VEI |NI couRT oF chmN/:.L APPEALS

JUN 08 2015

libel Accsta, Clev'k.

i)”

WRIT NO. WRr73,697-O6; WR-73,697-O7, WR-73,697-08, WR-73,697-09

EX PARTE RAUL DAVID JAcKsoN

SUPPLIMENTAL APPENDIX TO BRIEF IN SUPPORT OF APPLICATION FOR WRIT OF HABEAS CORPUS

TABLE OF CONTENTS

CERTIFICATE OF AUTHENTICITY

ExHIBtT-1 - Triai No. F-0554511

Original Indictment / Original Plea Agreement / Judicial Confession / Docket:Sheets / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 2 - Trial NO. F-0555473

Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 3 - Trial NO. F§O556279

Original lndictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 4 - Tria1 No; F-0557397

Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 /

Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 5 - Deadly Weapon Allegation No. F-0554511 only

vCER‘I`IFICATE OF AUTHENTICITY

l, Raul David Jackson, Applicant pro se, do certify and declare under penalty of perjury that the documents contained in this Suppl€mental`Appendix to Brief in Support of Application for Writ Of HabeaS COerS are true and correct copies of originals as

provided to Applicant by the Dallas County District Clerk.

EXECUTED this 3rd day of June, 2015

Rau David Jacksoné;;77r Applicant, Pro Se

EXHIBIT 1

cAbSE No. F-0554511

EXHIBIT l

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DEFENDANT Jackson) Raul David B M 06061969 CHARGE POSS CS INT DEL 400G/2Nl

AKA:

ADDRESS 4814 Pam/B Dana< Tx LOCATION nso

FILING AGENCY TXDPDOOOO DA'I`E FILED July_l4, 2005 COURT CDC5 COMPLAINANT McKirlney, V . F-055451 l VT#: C/C Francisco Trevino:

`Jacqueline Trevino

` 'y-`,i\

TRUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of

Dallas County, - State of Texas, duly organized'at the July Term, A.D., 2005 of the Criminal District Court 5 , Dallas County, in said Court at said

Term, do present that one JACKSON, RAUL DAVID , Defendant,

On or about the 8 th day of July A.D., 2005 . in t_he County of Dallas and said State, did

unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTI-l day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

v against the peace and dignity of the State.

BmHi_"' __ /ij%¢///. Q`/

Friminql nicrrir~f AHnrnpu n`{-`T\nllqc ("n~.mtv 'l`r-\vnc Fnri=msm int/1 a/Grnnrl lnrv

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F 011 § 151 /

srATE oF TEXAS - § ` lN THE C@C cf .vs_. § DISTRICT coURT - _ l BCV¢ cruz 159 u( § '_ - .DALLAs CoUNTY, TExAs PLEA AGREEMENT

TO THE HONORABLE JUDGE OF SAID COURT: ` The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the

following agreement

Defendant’s plea: [\/{ uilty [ ] Nolo contendere

[ ] Defendant will testify. Defendant will NOT testify.

Plea to enhancement paragraph(s): [ rue [ ] Not true

Type of plca: [ Plea bargain ` [ ] Open plea

Open as to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitution

[ ] Other:

State’ s recommendations

Agr ed sentencer

[ Confmement in (penitentia)y)(sfa¢ejim'-l;l(eeungaj'ail) for l 13 ‘ (years) (men+hsj-(days). [ ] Post-conviction community supervision, confinement probated for (years) (months) (days). [ Deferred community supervision for (years) (molzths) (days).

[ _ Fine of$ 31 °O:’ . [ ]To be paid. [ ]To be probated.

[ ] Boot Camp [ ] Shock Probation [ ] Substance Abuse Felony Program [ ‘] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program

[ , ] Restitution in the amount of $ . l [ ] Back-time NOT included.

[ ] Back~time included 4 - 7 .

[ ] efendant will si __('waiver of extradition. .` l [ ] Defend nt know' gly and voluntarily waives appeal. [~ Other: few all bfch twa ll A// §¢V- rear wu depva

[ ] CHANGE OF NAME (Applz'cable only ifbe ls checked) The defendant having suggested that his/her true name is other than that set forth m the charging instrument, and having moved that the charging instrument and all other documents 1n this cause be amended to show his/her true name to be , said motion is hereby granted. It1s so ordered.

4 COURT’S ADMONITIONS TO DEFENDANT You are charged with the offense of: ' PC' 5 L’l ll() ¢i The 'unishment range for the offense charged is: - j [ ' 1" Degree Felony,{' 5 - 99 years or Life and an optional fmc not to exceed $10,000.00. [ ] Z“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00. [ ] 3rd Degree Felony, 2- 10 years confinement and an optional fine not to exceed $10, 000. 00. [ ] State Jail Felony, 180 days- 2 years State Jail and an optional fme not to exceed $10, 000. 00.

l l ,

You have an absolute right to a jury tn'al, to confront and cross-examine the witnesses against you, and to call witnesses in your own behalf You have a right to testify, but you cannot be compelled to do so. 4 The prosecuting attomey’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion'iiled and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. Ifyou are not a citizen of the United States, a plea of guilty or nolo contendere may, and under current F ederal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization If you have a court-appointed attorney, you have a right to ten days from the date of the attomey’s appointment to prepare for trial. You have the right to be tn'ed on an indictment returned by a Grand Jury, and, unless you'are on bond, a right to two entire days after being served with a copy of the charging instrument before being arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex Offenders, which is incorporated by reference and attached hereto.]

DEFENDANT’S STATEMENTS AND WAIVERS With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the charging instrument and am mentally competent l understand the nature of the accusation made against me, the range

I hereby waive my right to br led on an indictment returned by a grand _ ,/; any and all defects, elrors,' or irregularities whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain silent l waive arraignment and reading of the charging instrument the appearance, confrontation, and cross-examination

3 of witnesses; my right to ten days to prepare for trial aHer the appointment of counsel (if counsel has been appointed); and the preparation of a` pre- -sentence report. I consent to the oral or written stipulation of evidence or testimony, to the introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence,

/ I admit and judicially confess that l committed the offense of 1963 004 on___

~?(Y ./°-g exactly as alleged m the charging instrument I affirm that my plea and judicial abnfession are freely and `

voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that l will be required to register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Unifonn Extradition Act, should I

be charged with a violation of my community supervision and be arrested in another state, I have the right to require the . issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,'

and t e right to apply for a writ of habeas corpus to contest my arrest and return to this State. [ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas ii'om any jurisdiction where I may be found. I understand and agree that such

waiver is irrevocable [\/f I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’s

recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and yantly give up and waive my right to any appeal.

] DEFENDANT’$ PLEA To ENHANCEMENT PARAGRAPH($) applicable only lfbox is checked)

legally convicted of the offense(s) alleged therein.

_ SIGNATURES AND ACKNOWLEDGMENTS I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are

lcnowingly, freely, and voluntarily made with full understatide of the consequences I request that the Court accept '

all my waivers, statements, agreements, and my plea.

_//é~§”l@l ' Q[e\wéé/?xf/ lee

ate _ Mendant) ' E/ n ( T-A C /cfc[)

Printed Name: I have consulted with the defendant, whom Ibelieve to be competent, concerning the plea in this case and have

advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant ~

herein and ask the Court to accept them and the defendant’ s plea. . 1 '/" 11 f 3 o l 01 /tj/ G¢¢

Date Attomey for Defendant 19 CC Printed Name: /) ( l/C 6}< State Bar # . UL(‘T@¢{°??

As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations

in this instrument Assistat District Ao/ `

Date Printed Name: State Bar # r;

lt appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, and t the parties have sented to and approved the waiver of jury trial and stipulations of evidence, the Court ?ds the aivers, a ee ents, and plea to have been knowingly, freely, and voluntarily made, approves the waiver d agreements acc t/ the d endant’s plea, approves the stipulation of testimony, and approves the change of ' '

Date ' .ludge

I, the defendant, plead»true to the (second), (third), (second and third) enhancement paragraph(s) which is/are 4 contained in the charging instrument, and judicially confess that I am the same person who was previously duly and _ -

JS

DEFENDANT Jackson, Raul David B M 06061969 CHARGE POSS CS fN'l` DEL 4OOG/2ND AKA: l ADDRESS 4814 Parrv B Dallas Tx LOCATION DS_O________ FILING AGENCYTXDPDOOOO DATE FILED July l4, 2005 COURT CDC5 coMPLAINANT McKinney, V F-0554511 vr#= C/C Francisco Trevino:

Jacqueline Trevino

THE STATE OF TEXAS CAUSE NO. F-0554511 VS. CRIMINAL DlSTRICT COURT 5 Jackson, Raul David DALLAS COUNTY, TEXAS JUDICIAL CONFESSION

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits,'written statements of witnesses and other documentary evidence Accordingly, having waived my Federal and State constitutional right against self-incrirnination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:

On the ' 8 th day of July A.D., 2005 , in Dallas County, Texas, I did unlawfully,

unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTH day of NOVEMBER 1989, A. D., in Cause Number F89- A4573- S on the docket of 282ND IUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

l further judicially confess that l committed the offense with which I stand charged exactly as alleged 1n the

indictment m this cause , _ APPROV lirr-57 /

Atto\me or j fendant

_. De/f:?a~{ swoRN To AND sUBscRIBED before me on the ;Z

APPROVED BY:

JIM HAMLIN, CLERK DISTRICT COURTS OF

ByDALLAS/;@TY: TEXAS 'i

\ / **’ ' Assistant District Attorney _ Deputy trict Clerk

Defendant's agreement to stipulate and waiver of confrontation and cross-examiation wit essesar , in all 1 ' approved by the Court. The above Judicial Confession is hereby approved by the _Bt.M

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run srATE oF'TExAs § tN THE (1-~{)<,. lt vs. ~ _ _ § nrsTRrCT Co unr `”FF\ C.l,[ 3 »,»»/|y l€-ffo( § DALLAS CoU'N'r\', TEXAS

'l`RlAL COURT’S CERT!FI.CATION OF DEFENDANT’S RIGHT OI" APPEAL“‘

l, judge of the trial coux*r, certify this criminal case:

[:l is not a plea-bargain case, and the defendant-has the right of appeal, [or]

l:l is a nlea-bar ain case, but matters were raised b ' written motion filed and ruled on l g § before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or]

a plea-bargain case, but the trial court has given permission to appeal, and the z,j/,/defendant has the right of appeal, [or]

Date Signed

tate '

l have received a copy oftl'tis certification:

Defendant (ifnot' represented by counsel) Defendadt’s Coiansel H l\/lailing Address: State Bar No.: [)[»{ 7a l/( ¢( '} Mailing Address: /%O{ F/v #§ ,`)/O ’ e, rt 5 ~

'l`elephone l/.'

Fax # (if any) b Telephone #: f ' r "` w rax#(_irany); 0 ‘ //M,. 7 j "H J'<>Z__

*'A defendant in a criminal case has the right ofappeal under these rules. The trial court shall enter

a Certification of the defendant’s right to appeal in every case in which it enters ajudgment ofguilt

or other appealable order_ ]n a plea bargain case --~- that is, a case in which a defendant’s plea was

guilty or nolo contendere and the punishment did nol exceed the punishment recommended by the

prosecutor and agreed to by the defendant ---- a defendant may appeal only: _(A) those matters that

were raised by written motion filed and ruled on before tria|, or (B) after getting the trial court"s - permission to appeal TEX/\S RULE OF APPELLATE PROCED!,,|`RE 2".2(a)(2).

N_O_, - D;l_-‘.:)_l? b--.L ; _ IN CRIM]“NA]. 1)1'STR]C'J' ' ~ _ __ DALLAS C()UN‘.[‘Y, '.l.`EXAS ' ' - - SEQ ` OOOB‘ '

OE`FENSE MFR CS 46 » - 'l"[ME 143150 REI)UCEI) . CHARGE

nISPosEn BY PGBC_¢_

l)T S‘]`RICT _ CLE » - ~RELEASE INFORMA'J'.‘]' ON ~' _ '

DALLAS COUN'.[‘Y ,

Aa -aj£maea¢~ UNTY, TEXAS- eeo 0001

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. air am '~ee-' l ']‘H.TS l>El?"l.‘-~ DEE'T lS SE'l‘ ']'O GO '].‘O COURT Ol\l A FU']‘URE l)A‘l`E '1‘0 BE CORREC']`LY S`.' TENCE DISREGARD SENTENCE~DEFT SENTENCE`IN ERROR THANK YOU '

DALLAS COUNTY, TEXAS REMARKS

] ]

, JUDGMENT CERTIFICATE OF,THUMBPRINT

C.AUSE No. /£‘p{*§"§/F/" /

THE sTATE oF TExAs _ - IN THE s. DISTRICT coURT # '¢/ -_ //é]/¢¢/L \7:¢@/¢5§ 0 DALLAS coUNTY, TEXAS

l RIGHT THUMB*_ _Defendane's __/_€.___hand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE- NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.

DoNE IN coURT THIS /3 DAY or-f />§¢0@”7~4')¢5/

%%

: ‘ BAILIFF/DEPUTY SHERIFF

*Indicate here if print other than defendant'e right thumbprint is placed in box:

left thumbprint n _ left/right index finger

other,

_ w /. . MOTION TO DISMISS PROSECU'I AON Form 183 mg 'Z)/

THE STATE 0F TEXAS,

No. F05-54511-K vs. § n |IN THE CRIMINAL

§ DISTRICT COURT FOUR

§ OF DALLAs COUNTY, TExAs RAUL DAvu) JACKSON § APRIL TERM, A.D., 2006 PID 400c

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Ca_use Number F06-00445-K.

` WHEREFORE` PREMISES CONSIDERED, the State respectfully requests that this case be dismissed

Wea un- Mouo~n~ of ms q f .7\"";"\(»&- q n t Auy.. 1/./ .J ’~ "ssf.: Disf. n

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EXHIBIT 2

CAUSE`NO. F-0555473

DEFENDANT Jackson, Raul d B M 06061969 CHARGE DEL CS lG/ZND

AKA: v ADD-RESS LOCATION DSQ FILING AGENCY TXDPDOOOO ' DATE FlLED August 05, 2005 COURT CDC5

COMPLAINANT McKinney,V - _ F-0555473 VT#:

C/C

IN THE NAIVIE AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of

Dallas County, State of Texas, duly organized at the July Term, A.D., ' 2005 of the Criminal District Court 5 , Dallas County, in said Court at said

Term, do present that one JACKSON, RAUL , Defendant,

On or about the ll th day of May A.D., 2005 in the County of Dallas and said State, did

unlawfully and knowingly deliver, to-wit: actually'transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of l gram or more but less than 4 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the'lOTH day of NOVEMBER, 1989, A. D., in Cause Number F89- A4573- S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DA~VID JACKSON and said conviction was a final conviction,

against the peace and dignity of the State. , , , ~ Bm mo / I(¢/ 61 w

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s'rA_*`rE oFTEXAs , " - § mirror CDC(/ a f vs. _ _ § . i)isTRicT CoURT ~ ' in CK$O|'J) ah vi _ § '_ - .DALLAS COUNTY, TExAs ( ii PLEA AGREEMENT n n

TO THE HONORA_BLE JUDGE OF SAID COURT: - _ The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the following agreement . j .

Defendant’s plea: [ Guilty _ [ ] Nolo contendere

[ ]_-Defendant will testify. ' [ ] Defendant will NOT testify.

Plea to enhancement paragraph(s): [ \/{ rue [ ] Not true

Type of pleas [ Plea bargain [ ] Open plea

Open as to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitution,

[ ] Other: '

State"s recommendations '

Agre d sentence: § l ' v [ Confinement in (ji)enitentia)y)(s~ta¢ejailj{eown-tyja£l)-for l &@i (years) (mau¢ka)-(daya;\.`

[ ] Post-conviction community supervision, confinement probated for (years) (months) (days). [ eferred co unity supervision for (years) (months) (days). '

[ _ Fine of$ °O') J» . [ ] To be paid. - [. ] To be probated.

[ ] Boot Camp [ ].Shock Probation [ ] Substance Abuse Felony Program _ _ [ '] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program

[ _ ] Restitution in the amount of $ . . [ ] Back-time NOT included.

[ ] Back-time included - . . _ .

[ efendant will sign waiver of extradition. 5 l ] Defendant knowingly and voluntarily waives appeal. [‘ Other: erie/vt A~» atf leach/maj atf yver f~ /w~ C¢mMMF/V

[ ] CHANGE OF'NAME (Applicable only if b_ox is cliecked) The defendant having suggested that his/her true name is other than that set forth in the charging instrument, and having moved that the charging instrument and all other documents in this cause be amended to show his/her true name{to be_ ' , said motion is hereby granted. It is so ordered.

4 COURT’S ADMONITIO T DEFENDANT You are harged with the offense of: §§ l 4 " "i ‘i 'l.`l`i;)o£i:hment range for the offense charged is: / J [ ' l1""Degree Felony, 5 - 99 years or Life and an optionalfine not to exceed $10,000.00. [ ] 2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $l0,000.00.

[ ] ‘3“1 Degree Felony, 2 - 10 years confinementand an optional fine not to exceed $10,000.00. [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.

[ l ,

You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call ' witnesses in your own behalf. ,You' have a right to testify-, but you cannot be compelled to do so. ~The prosecuting attomey’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have -plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by`written motion filed and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by"law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may,’ and under`current Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization If you have a court-appointed attomey, you have _a right to ten days from the date of the attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being - arraigned If you receive unadjudicated community supervision and violate its conditions, you _may` be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. '[In sex offense cases, see Court’s Admonition to Sex Offenders, which is incorporated by reference andt attached hereto.]

__ . DEFENDANT’S STATEMENTS AND WAIVERS With the approval of counsel, defendant makes the following statements and waivers, I am the accused in the planning immim¢=_nr and am mentallv competent I understand the nature of the accusation made against me, the range

.»`

Ihereby Waive my right to b ied on an indictment returned by a grand .. /; any and all defects, errors§ or irregularities, whether of form 'or substance, in the charging instrument; my right to a jury trial; and my right to remain silent I waive arraignment and reading of the charging instrument; the appearance, confrontation, and crossiexamination_

~of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed);

and the preparation of a pre-sentence report. 'I consent to the oral or written stipulation of evidence or testimony, 1to the q

introduction of testimony by affidavits or written statements of witnesses, and to wm documentary evidence, I adm1t and judicially confess that I committed the offense of ' "l 6 on_

§ l[______ ' O(e_xactly as alleged` rn the charging instrument, I affirm that my plea and judicial confelssion are freely a_nd»'

voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that I will be required to ~

register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under Court’ s Admonition to Sex Offenders, attached hereto. I understand that under the Uniforrn Extradition Act, should I

be charged with a violation of my community supervision and be arrested in another state, I have the right to require the . issuance and service of a warrant of extradition, the right to hire legal eounsel, or, if indigent, to have counsel appointed,l

and e right to apply for a writ of habeas corpus to contest my arrest and return ,to this State. [ I voluntarily and knowingly waive my.rights under the Extradition Act, waive extradition, and waive my right

to cor?est my return to the State of Texas from any jurisdiction'where Irnay be found. I understand and agree that such '_

wa1v r 1s irrevocable [V{ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’ s

recommendation as to sentencing, then, after consulting with my attomey, I do expressly, voluntarily, knowingly, and 1

intelligently give up andlwaive my right to any appeal.

1 DEFENDANT’S PLEA T 0 ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)

egally convicted of the offense(s) alleged therein.

SIGNATURES 'AND ACKNOWLEDGMENTS q I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and l understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are knowingly, freely, and voluntarily made with full understan

all my waivers, statements, agreements, and my plc . _, ~ _l_li£_j_‘il_bg " - \ . d//@€\/ ate ` /l§e§:ndad v v

Printed Name:' y A’V l JACKSON

‘)`

I have consulted with the defendant, whom I believe to be competent concerning the plea rn this case and have

advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant -

herein and ask the Court to accept them and the defendant’s plea, j ~ 20 of ' ed

ate _ 4 _ » Attorney _for Defenda tit _ v g Printed Name: ' . l (/C 0‘ ><' ~ StateBar# , A\‘l‘f(é‘{q'}'

As attorney for the State, Ihereby consent to and approve the requests, waivers, agreements, and stipulations in this instrument,

. 5 ' BILL il L, riminal District Attorney, Dallas County, by ' 3° °‘ div ‘ 1 8 \@,a\ Da e / - ` ,._.`, _ Assistant Distric '

Printed Name: b O@\ State Bar # , /q/ Z,

It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, an|'d that all the parties have conse the waiver of jury trial and stipulations of evidence, the Court finds t wai ers, agreements, d p a to have been knowingly, freely, and voluntarily made, approves the waivers and a eemen , accepts the ’s plea, approves

Date v Judge _ '

I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are n _ ntained in the charging instrument, and judicially confess that I`am the same person who was previously duly and _ -

g of the consequences I request that the Court accept '

and approved '

DEFENDANT Jaekson, Raul

B M 06061969

CHARGE DEL CS lG/2ND

AKA: FILING AGENCYI`XDPDOOOO DATE FILEP Augt_lst 05, 2005 COURT CDC5 COMPLAINANT McKinney, V _ F-0555473 VT#:

THE STATE OF TEXAS VS, Jackson, Raul

CAUSE NO. F-0555473

CRIMINAL DISTRICT COURT 5 DALLAS COUNTY, TEXAS

JUDICIAL CONFESSION

Comes now Defendant in the above cause, in Writing and in

open Court, and consents to the stipulation of

the evidence in this case and in_ so doing expressly waives the appearance, confrontation and cross-examination

of witnesses. affidavits, written statements of witnesses and other

I further consent to the introductioan this Judicial Confession, and testimony orally, by documentary evidence, Accordingly, having waived

my Federal and State constitutional right against self-incrimination, and after having been sworn, upon

oath, I judicially confess to the following facts and agree correct and constitute the evidence in this cases

on the 11111 day or May A.D., 2005

unlawfully and knowingly deliver, to-wit: actually transfer, cons

and stipulate that these facts are true and

, in Dallas County, Texas, l did unlawfully,

tructively transfer and offer to sell a

controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or

dilutants, of l gram or more but less than 4 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the co_

i

mmission of the aforesaid offense, the said

defendant was convicted of a felony offense of POSSESSION ()F A CONTROLLED SUBSTANCE, on the

IOTH day ofNOVEMBER, 1989, A.D., in Cause Number F89

-A4573-S on the docket of 282ND JUDICIAL

DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said

conviction was a final conviction,

I further judicially confess that I committed the offense With whi ` indictment in this cause. -

' APPROV B : § ~\ Attorn§\for Dééndant '

SWORN TO AND SUBSCRIBED before me on the

By

ch I stand charged exactly as alleged in the

Defe d

s\/

JIM HAMLIN, cLE_RK DISTRICT oURTs 01=

day of

,200§-

Assistant District Attorney

Defendant's agreement to stipulate and waiver of confrontation and cr

approved by the Court. The above Judicial Confession is hereby appToved by the C

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"1‘1~1ESTATE0FTEL\5 _ § ' _rN THE f/)C (’/ vs. l § _ y r)rsTRrCT CounT ‘ FP‘CK§O/V/, £/Ml - § DALLAS COUNTY,TEXAS

'rR`tAL Coun'r’s CERTIFiCATioN or DEFENDANT’$ thHT or AP`-PEAL*

I, judge of the trial court, certify this criminal case:

E is not a plea-bargain case, and the defendant'has the right of appeal, [or] , l [:] _ .

is a plea~bargain case, but matters were raised by written motion filed and ruled on before tl'ial, and not withdrawn or waived, and the defendant has the right of appeztl, [or] ' 1

l_j is ' 'ea~bargain case, but the trial court has given permission to appeal_, and the

' efendant has the right of appeal, [or]

is a )argain ca 'md the defendant has NO right of appeal, [or]

l:l e def ndantl s w `ved the right ofappeal.-' ' t

W"Dat:e Signed

1 have received a copy of this certification:

Defendant (ifiiot' represented by counsel) Defendant's Coullsel Mailing Address: v Statc_Bar No.:_ O('Iéflf(l'l€ :)-

'_ __ y Mailing Address: /L{O/ E{M -Aé gg-/O

telephone #: . . _ _

Fa.\: # (ifany) Telephone #: Dét [(d);f/>‘( ?-_S"Zoz _ Fax_#(_ifany): 2(0( 110 `3[//

"=A defendant in a criminal case has the right ol"appeal under these rules. The trial court shall enter

a certification ofthe defendant’s right to appeal in every case in'which it enters ajudgment ofguilt

or other appealable order. ln a plea bargain case -~-- that is,'a case in which a defendant’s`plea was

guilty or nolo contendere and the punishment did not exceed the punishment recommended by thc

prosecutor`and agreed to by the defendant ---- a defendant may appeal on|y: (A) those matters that

were raised by written.motion l"rlecland ruled on before trial, or (B) after getting the trial'court’s ~ Permission to appeal. TEXAS RULE CJF APPELLATE PROCEDI..|RE '_’5.2(a)(2).

§ . / , x _ ;¢,_,_,* `.H` . /_ z / 1 ;/. v`

; 3

l

g 9 5

g ]N CRlMlNAI DlSTRTCU COURT=4- .; _ l n ' 5 _DALLAS COUNTY, TEXAS '." -¢ "SEQ ~.-QO.OQ:~‘.'u-.?.,v 6

l 'OFFENSE-DEL CS lG~'» *T[ME@IABAZS “ REDUCEDVCHARGE= j

nyépésén BY PGBC

R`EMARKS 120605..1)1~.'1‘"\.‘:;[1\1 -.'AT.-L»,. .RE‘EURN!.

.DISTRTGT CBERK. . 4 . , ] -~RELEASE NECRMATTON.

DALLAS coUNTY,-TEX‘ - » ~ ].REMARKS

-DALLAS couNTY, TEXAS - sEQ '0002'

REndCEn CHARGE

b . \3 SEN'I‘ENCE

ri l N ']'HlS I)EF']'. DEF']‘ _]S SET ']'O GC) ']O COURT ON A FUTURE DATE ']'O BE SEN']' ENCE}I) Cl; RECTLY~ ~`PLEAb "E D[SREGARD DEE“L‘ SENTENCED [N ERROR '['HANK YOU

DALLAS COUNTY, TEXAS ],REMARKS» . , ]

JUDGMENT v .cERTIFICATE oF THUMBPRINT

CAUSE No. /£0.5.~~'5_5'-’/7_3-.v v

IN.THE'

THE' sTATE oF TEXAS Vg_ , ' v DISTR;cT coURT 2¢4/ /C/'-,')%/L \}77£ /5=5”4/ ' DALLAS cOUNTY, TEXAS

RIGHT THUMB* Defendant ' s Lhand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE- NAMED DEFENDANT’S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION . OF THE ABOVE STYLED AND NUMBERED CAUSE.

DAY 03 1233wa - ., .20 ¢)5`.

@Qé:% %>7. .

BAILIFF/DEPUTY SHERIFF

DONE IN coURT THIS / ?

*Indicate here if priht other than defendant's right thumbprint

is placed in box: left thumbprint .' left/right index finger

___

____

,_,_`

__`

MOTION TO DISMISS PROSECUTIOL\ FOrm 183 d d l &/@/ /zark' THE STATE OF TEXAS,

NO. ]?05-55473-K

vs. § IN THE CRIMINAL § _ DlsTRICT COURT FOUR § 7 OF DALLAS COUNTY, TEXAS RAUL DAVID JACKSON § APRIL TERM, A.D., 2006 DEL Cslc _

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00448-K.

WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed

Med 'on Motion' of Disst\.l Atty.i '(; l¢“§w/'A'=/~ - Assts Disf. . , :':: l\') z *’l 00 O"`*

i/We@ W `~

EXHIBIT 3

CAUSE NO. F-0556279

_EXHIBIT 3

.: ._`,_.¢_Y.:_ ,_`.._.. ..Y. ,-...-

Cl'l

DEFENDANT Jackson, Raul David B M 06061969 CHARGE DEL CS 4G/2ND : AKA: _ §

ADDRESS LOCATION [ZS§ 2 `

FILING AGENCY TXDPDoooo DATE FILED Aug;ist 25, 2005 ‘ cooRT JDcl95 ,

coMPLAINANT McKinney, V . F-0556279 vr#= i

_ . ‘i'l

'I`RUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of

Dallas County, State of Texas, duly organized at the July Term, A.D., 2005 of the 195th Judicial District Court , Dallas County, in said Court at said

On or about thel 5 th day of July A.D., 2005 in the County of Dallas and said State, did

unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTH day of NOVEMBER, 1989, A.D., in Cause Number F89-'A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

against the peace and dignity of the State.

Bill H_ill

` . . ._. . . ... n“,n__r\ ______ '|‘ AAAAA

F screw -”::-"'

¢

SrATE oF TEXAS _ t § - m THE C QC L/ V - ~ § DISTRICT COURT - FBCSVC( bldg @A vi § ‘_ __ DALLAS CoUNTY,H)'_<"A`s__

PLEA AGREEN[ENT

TO THE HONORA_BLE JUDGE OF SAID COURT: The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the

following agreement .

Defendant’s pleas [\// uilty _ [ ] Nolo contendere

[ ]_.Defendant will testify. [ efendant will NOT testify.

'][`ype of plea:` [ Plea bargain ` [ ] Open plea

;)p;zr(i);til: to: [ ]Deferred Adjudication [ ] Community Supervision [ ]Fine [ ]Restitution, er:

State"s recommendation:

Ag eed sentence: ‘ S/ [ Confinement in Cnenitentiary)(stu‘tejzlii)~(eounh+jai{) for l , (years) ()

`

[ ] Post-conviction community supervision, confinement probated for (years) ()izonths) (days). [ j Qefened community supervision for ' (years) (monlhs) (alays).v ` 1 l1 pine of$ 5 00 o . [ 1 To be paid. [. 1 To be probated. . `[

[ ] Boot .Camp [ ‘] Shock Probation [ ] Substance Abuse Felony Program ' , §' [ ‘] Judicial Drug Treatment Center [ ] CENIKOR -[ ] Dallas County Jail Chernical Dependency Program [ , ] Res_titution iri the amount of $ , ; [ ] Back-time NOT included.

[ ] Back-time included - ' . [ ] Defendant will sign waiver of extradition 7 [ ] Defendant knowingly and voluntarily waives appeal. [` ] Other: . -

[ ] CHANGE OF NAMlE (Applicable only if box is clzecked) 1 .The defendant having suggested that his/her true name-is other than that set forth in the charging instrument, and having moved that the charging instrument and all other documents in this cause be amended to show his/her true name_to be , said motion is hereby granted. It is so ordered..

' _ _ COURT’S ADMONITIONS TO DEFENDANT You are charged with the offense of: DCS Li%- )A 0 4 The 'unishment range for the offense charged is: ' v J [ l“ Degree Felony, 15 - 99 years or Life and an optional fine not to exceed $10,000.00. [ ] _2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $10,000.00. . ] 3"l Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $l0,000.00. ' . ~ :,' ]` State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00. ¢ 1 ‘ . - - . 1

You have an absolute right to a jury trial, to confront arid cross-examine the witnesses against you, and to call witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. ~ The prosecuting attorney’s recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion filedtand ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no`plea bargain, the court may assess your punishment.anywhere within the range allowed by law. lf you are not a citizen of the United States, a plea of guilty or nolo contendere may,' and under current ’ {. Federal Immigration rules is almost certain .to,' result -in your deportation, exclusion from admission to the United States, t or denial of naturalization If you have a court-appointed attorney, you have a right to ten days from the date of the attomey’s appointment to prepare for tiial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being _ arraigned If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, rio appeal may be taken from the Court’s decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex Of_fenders, which is incorporated by reference and attached hereto.] ~

[ l l

DEFENDANT’S STATElV[ENTS AND WAIVERS

With the approval of counsel, defendant makes the following statements and waivers, lam the accused in the ,~,, ,i,__.___._¢ __,1 ....,. ...,...+,\11“ nnmrmh=nt T imrlm'dsmri the fmher Ol" the SCCUSathn made against mei the range

I hereby waive my right to bt_ .ed\ on an indictment returned by a grand _-, ; any and all defects, _errors,l or irregularities, whether of form or substance, in the charging insuument; my right to a jury uial; and my right to remain silent. I waive an'aignment and reading of the charging instiument; the appearance, confrontation, and crossiexamination__ v ~ of witnesses; my right to ten days to prepare for trial auer the appointment of counsel (if counsel has been appointed); and the preparation of a pre-sentence report I consent to the oral or written stipulation of evidence or testimony, to the 4 introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence, ` ` (I admit and judicially confess that I committed the offense of DC§ 149 '“L°:l? . on_ . ' :l"g o ________exactly as alleged in the charging instrument I affirm that my plea and judicial co ession are freely and ' voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that I will be required to ~ -

register as a sex offender if convicted of , or placed on community supervision for, one of the offenses enumerated under ' Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should l be charged with a violation of my community supervision and be arrested in another state, I have the right to require the . issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed,' ' and c right to apply for a writ of habeas corpus to contest my arrest and return to this State. l[ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such 1 waive/r' is irrevocable [ `/] Iunderstand that I have a right to appeal to the Court of Appeals If the trial coint follows the terms of the State’ s

, recommendation as to sentencing, then, after consulting with my attorney, l do expressly, voluntarily, lcnowingly, and intelligently give up and waive my right to any appeal.

lDEFENDANT’S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)- .

l, the defendant, plead u'ue to the (second), (third),_ (second and third) enhancement paragraph(s) which is/are l

c ntained in the charging instrument, and judicially confess that I am the same person who was previously duly andt - legally convicted of the offense(s) alleged therein. `

SIGNATURES AND ACKNOWLEDGMENTS I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and l understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are

lcnowingly, freely, and voluntarily made with full understa of the consequences I request that the Court accept ` all my waivers, statements, agreements, and my plea, o 0 f . " 5> W

Date /fendant§ MMF ` Printed Name: v H(V.l 0 ¢")

I have consulted with the defendant, whom I believe to be competent,' concerning the plea in this case and have ` advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant ~

herein and ask the Court to accept them and the defendant’s plea. ~

D te Attorney_for Defendant c , _ , Printed Name: g (»L C/°)(

State Bar # . Or'iq if aid "l'

As attorney for the State, Ihereby consent to and approve the requests, waivers, agreements, and stipulations in this instrument, _

ll 20 é-S/-

Date

BI L lLL, C "--- District Attorney, Dallas County, by d ,- y ~

Assistant District A o Printed Name: M:`ij€<_;i lC£"\ State Bar # / q /7

lt appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, and a the parties/have c nsented to and approved ' the waiver of jury trial and stipulations of evidence, the Court f gfeeme s, and plea to have been

CH '

DEFENDANT Jaci

ADDRESS ' LOCATION |QSQ ` FiLiNc AGENCYTXDPDoooo DATE FiLEi) Augusr 25, 2005 cooRT JDc195 COMPLAINANT McKinney, V F-0556279 VT#: c/c

THE sTArE or TEXAS cAUsE No. F-0556279

VS. l95TH JUDICIAL DISTRICT COURT JaCkSOIl, Ralll David l DALLAS COUNTY, TEXAS

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written statements of witnesses and other documentary evidence, Accordingly, having waived my Federal and State constitutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:

On the 5 th day of July A.D., 2005 , in Dallas County, Texas, I did unlawfully,

unlawfully and knowingly deliver, to~wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTH day of NOVEMBER 1989, A D., in Cause Number F89-A4573- S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the _ indictment in this ,cause.

MCE? LW»

Attor§jt for D fendant

SWORN TO AND SUBSCRIBED before me on the APPROVED BY:

JIM HAMLIN, CLERK DIS'I`RICT COURTS OF DALLAS TY, TEXAS

By Assistant District Attorney 4 z Dep

Defendant' s agreement to stipulate and waiver of confrontation and cross~examiati approved by the Court. 'l`he above Judicial Confession is hereby approved by the o`u .

All

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'rr-'u; sner or TEXAS ' § rN THE (`/)(' ‘t vs. g ig ( § nrsTRrCT Coua'r - /i?A ctt§o/~)t, rt ~/ ' § DALLAS CouN'rv, TEXAS

'l`RlAL COURT’S CERTIF!.CATION OF DEFENDANT’S RlGHT OF APPEAL*

I, judge of the trial coux“r, certify this criminal case:

is not a plea-bargain case, and the defendant-has the right of appeal, [or]

l:l is a plea~bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [01']

is a plea-bargain case, but the trial court has given permission to appeal, and the

l_:l defendant has the right of appeal, [or] - C§L is a-bargain c " , and the defendant has NO right of appeal, [or] f:l

. ived the right of appeal.l '

Judge "“Date Signed l - ` ii l have received a COpy ofthis certification: (P ' - l Defendant (it` not represented by counsel) Defendani’s Coudsel ` l\/tailing Address: State Bar No.: [)l‘fél §§Lt@t/‘l` Ivtailinn Address: ' v - 'fel€t)hone z'/I : ' 0 /L{M E{m;;_g/B/O F¢qx # (if;my) , n T€l€pllOtt€ #Z ©“ ( {as, ?"‘rz/‘z~

Fax # (ifany).' 1((/( 110 r_,?(/(

"‘A defendant in a criminal case has the right ofappeal under these rules. The trial court shall enter

a certification ofthe defendant’s right to appeal in every case in which it enters ajudgment ofguilt

or other appealable order. ln a plea bargain case ---- that is, a case in which a defendant’s plea was

guilty or nolo Contenderc and the punishment did not exceed the punishment recommended by the

prosecutor and agreed to by the defendant ---- a defendant may appeal Onlyi (A) those matters that

were raised by written motion filed and m|ecl on before trial, or (B) after getting the trial court"s ~ permission to appeal. TEXAS RULE OF APPEL,I..ATE PROCEDI..|`RE '_`5.2(;\)(2).

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. ¢`c`» . IN `cRJr'm\rAl.l 1)15').'1<-1‘0'1' DALLAS couN~c‘y, TEXAS

COURT 4

»SEQ-~OOO7

OFFENSE.DEL CS 4G REDUCED CHARGE

)l\!\‘ '- ()F.’OH TIME 142514

DISPOSED BY PGBC

_SMTW\I{‘W

DISTRICT CLE - _ ].- t RELEASE INFORMATION DALLAS COUNTY, 1 AS ] REMARKS . . . `

DALLAS COUNT

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Y, TEXAS

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SEQ 0003 b

12 \..».; ~\u

’ REl)ucEx) cHARGE

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SENTENCE

A AGREEMENT-DEFT SET

KmmAan 1415 ‘ uEF1'1N OALh; MEHI SEirmNLEb LN

nKmuK~umFT_DTDN+T“AC€EPTED_FH

TO GO BACK TO COURT ON A FUTURE DATE TO BE CORRECTLY SQ

NTENCED_DTSREGARD SENTENCE_SRNTENCED IN ERROR

‘[‘HANK YOU

4 uLSTRL»L anxh j Kmhmhmm LNou JJuN 17 DALLAS COUNTY, TEXAS j REMARKS ]' 1 ]3

`,l".

JUDGMENT ' ; cERTIFIcATE oF THUMBPRINT j

CAUSE No. /:WF’JZ?7?- ._ y §

THE sTATE op TEXAS ~ _ IN THE . ' ' DISTRICT comm g f'Z ,` J , _ jé/%/!/ \//7¢/€5§4/ DALLAS coUN'I'Y, TEXAS RIGHT THUMB* ' Defendant's Lhand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE~ NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.

DONE` IN coURT THIS 13 DAY 03 /Y~é`z?”/f¢% , 20 05 .

M;zd .'">/>>7 .

*Indicate here if print other than defendant’s right thumbprint is placed in box:

left thumbprint ieft/right index finger

,__,._`_

MOTION TO DISMISS PROSECUTION ’

Form183' - l (£0/ /38

THE STATE 0F TEXAS, No. 1F05-56279-K vs. ' § IN THE CmMINAL § DlsTRICT COURT FOUR § OF DALLAS COUNTY, TEXAS. RAUL DAVID JACKSON § DEL Cs 4c

APRIL TERM, A.D., 2006

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00453-K.

WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.-

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EXHIBIT 4

F-0557397

CAUSE NO.

=\ ,/ ,..»\'

MT

DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 4G/2ND

AKA: ADDREss l LocATloN MII FILING AGENCY TXDPDOOOO DATE FILEI) september 23, 2005 y COURT CDCS coMPLAINANT McKinney, V F-0557397 VT#: c/c TRUE BlLL iNDIcTMENT

IN_ THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of

Dallas County, State of Texas, duly organized at the October Terrn, A.D., 2005 of the Criminal District Court 3 , Dallas County, in said Court at said

Terrn, do present that one JACKSON, RAUL , Defendant,

On or about the 20 th day of June A.D., 2005 in the County of Dallas and said State, did

unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is idrther presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT,' of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

against the peace and dignity of the State. * ' n Bill Hin @ I/%%¢(£(/ V W

. n . . . ,"-` n n . m,,,,_ D,“-m~\n¢-\ AP+I»\» flran '\\r\l

~

ca:"..No. F O$r' f?'? 67 ?"

sTATE oF TEXAS ' _ - § iN run 1 i &QC "(5 Cm`\£s‘z£ old h ( § k 1 ' DIST§”i’G‘IiCdU§Ji ~ ly d § _ . _.DALLAS COUNTY, TEXAS . ZUGSDEC lZ ill"i!l=Sl+' PLEA AGREEMENT' 7 - ~." l _f_`j"§ "» ..'-".1 i~.lt»' ~ T.o THE HoNoRABLE JUDGE oF sAiD COURT: . 9 m § ‘,*;:l‘ [€.`§§1 Ci;_'£fi,t"\ ' -_ The defendant herein and the attorneys for both the defendant and the §i‘atéd`v`ia{iv'e' ’a;ji;.i‘y£§n;'al and make the following agreement . ’ 5 5 m… " '5 555 5 l _,Defendant’s plea: [ uilty 4 1 [ ] Nolo contendere 4 11 [ ]_»Defeudant will testify. [ Defendant will NOT testify. ' Plea to enhancement paragraph(s): [ rue _` [ ] Not true 5 ' 5 Type of plea: [ Plea bargain ` [ ] Open plea . 25

;)pianoztl; to: [ ] Deferred Adjudication [ ] Community Supervision [ ] Fine [ ] Restitutiony ‘ i . er: ‘ State’s recommendation:

Agr d sentence: ~ -

[ Confinement in (penitentiary)(sm¢e-ja#){eenn‘tyjail) for /\§/ (years) (mo.¢uks)-(daye}-.

[ ] Post-conviction community supervision, confinement probated for (years) (months) (days). [ ] leferred community sgpervision for (years) (months) (days). `

[-. Fine of$ ' 0 '» . [ ] To be paid. [. '] To be probated.

[ ] Boot Camp | 5i Shock Probation [ ] Substance Abuse Felony Program 5 _

[ l] JudicialDrug Treatment Center [ ]CENlKOR [ ]Dal_las County Jail ChemicalDependency Program

[ _ ] Restitution in the amount of $ , . [ ] Back-time NOT included.

[ ] Back-time included ~ ` .

[ ] efendant will sign waiver of extradition._ 5 [ ] Defendant knowingly and voluntarily waives appeal. [‘~ other: it»[( Sc~+w; h /u/)J cOUOuMu/fé;r /, [/m(/r H,» edf bac/cmc

1 . [ ] CHANGE OF NAl\/IE (Applicable only ifbe is checked)

The defendant having suggested that his/her true name is other than that set forth in the charging instrument, ', and having moved that the charging instrument and all other documents in this cause be amended to show his/her true n,ame_to be v . , said motion is hereby granted. It is so ordered. `

. COURT’S ADMONITIONS TO DEFENDANT You charged with the offense of: . D( § bi 6 T\l;e{zi£nishment range for the offense charged is: 5] [ ' l" Degree Felony;t$ - 99 years or Life and-an optional fine not to exceed $10,000.00. [ '] 2“d Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $l0,000.00.

[ ] 53"’ Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $10,000.00. [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $10,000.00.

l 1 1 . _ ' ' 51

You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to ca11 j witnesses in your own behalf You have a right to testify, but you cannot be compelled to do so. ~ The prosecuting ff attomey’s recommendation as to punishment is not binding on the Court.` You will be permitted to withdraw your plea 1

` if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that 5 which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were~raised by written motion filed and ruled on before the plea, If you enter a plea of guilty or nolo contendere and_ there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. Ifyou are not"a citizen ofthe United States, a plea of guilty or nolo contendere may, and under current ' Federal Immigration rules is_almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization If you`have a court-appointed attorney, you have a right to ten days from the date of the attomey’s appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being , arraigned. If you receive unadjudicated community supervision and violate its conditions, you may -be arrested and subjected to a hearing-limited to determining whether or not guilt should be adjudicated If guilt is adjudicated, no appeal may be taken from the Comt’s decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court’s Admonition to Sex Offenders, which is`incorporated by reference and attached hereto.] `

§ l DEFENDANT’S STATEMENTS AND WAIVERS With the approval of counsel, defendant makes the following statements and Waivers. lam the accused in the -y.-“...-...,. .~..,h......my .,,.A am mmmilv mmnan=.nt_ I understand the nature of the accusation made against me, the range

Ihereby waive my right to b ied on an indictment returned by a grand dj'; any and all defects, errors,5 or _iiregularities, whether of form or substance, in the :charging instrument; my right to a jury tiial; and my right to remain silent I waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination 'of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed); and the preparation of a pre-sentence report. I consent to the oral or written stipulation of evidence or testimony, to the introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. 5

I admit and judicially confess that I committed the offense of DC § "l 4" l° 94 on____

C) 0 95 exactly as alleged in the charging instrument I affirm that my plea and judicial confession are freely and Y

voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

_ I understand the admonitions regarding unadjudicated community supervision, and that I will be required to - register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under ~ ' Court’s Admonition to Sex Offenders, attached hereto. I understand that under the Unifoim Extradition Act, should I be charged with a violation of my community supervision and be arrested in another state, I have the right to require the » issuance and service of a warrant of extradition, the §n'ght to hire legal counsel, or, if indigent, to have counsel appointed, ' and ' e right to apply for a writ of habeas corpus to contest my arrest and return to this State.

_ [ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such '_ wai er is irrevocable.

[\X I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State’ s recommendation as to sentencing, then, after consulting with my attorney, I do expressly, voluntarily, knowingly, and _, intellige tly give up and waive my right to any appeal.

DEFENDAN'I"S PLEA TO ENHANCEIV[ENT 5PARAGRAPH(S) (Applicable only if box is checked) . ; I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are _ ontained' in the charging instrument, and judicially confess that I am the same person who was previously duly and § »

legally convicted of the offense(s) alleged therein.§

SIGNATURES AND 5ACKNOWLEDGMENTS I, the defendant herein acknowledge that §ny attorney has explained to me, and l have read and I understand, all the foregoing admonitions and warnings regarding my rights5 and my plea, and that my statements and waivers are lcnowingly, freely, and voluntarily made with full liinderst g of the co/n ences. I request that the Court accept 5

all my waivers, statements, agreements, and my pl§ea. f ' w

[ <> 0 11' . i . Date >i§refendant j `5 . _ - Printed Name: /Rx o f ~j//i C 153 /J

I have consulted with the defendant, whom Ibelieve to be competent, concerning the plea 111 this case and have ` advised the defendant of his/her rights. I approve i§nd agree to all waivers, statements, and agreements of the defendant -

herein and ask the Court to accept them and the defendant’s plea _ H§BO§¢i 1 ,ed §§ZZ-

Date 45&ttomey for Defendant Printed Name: E( L(, C<» )(' ' State Bar# . 6`{4_((-*44'§-

As attorney for the State, I hereby consen§ to and approve the requests, waivers, agreements, and stipulations in this instrument _ § v

. ll[?°[éf' § 1' , 5 f Date . / 5 Assistant District A ._ Printed Name: t got § -/5 § z O\

5 State Bar# 616/57 §L/ 6// :.

It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences| of the charge, and that all the parties have consented to and approved ' the waiver of jury trial and stipulations of eviden¢e, the Court finds the lea to have been

- knowingly, freely, and voluntarily made, approves§the waivers and a ments, ac` pts the plea, approves - the stipulation of testimony, and approves the change of name con

Date _ § in/dge _ ¢>\

DEFENDANT Jackson, Raul B M 06061969 CHARGE DEL CS 4G/2ND ` AKA: ' § ADDRESS LOCATION g [BII FILING AGENCYI`XDPD()OOO DATE FILED September 23, 2005 COURT CDC3 i coMPLAlNANT McKinney, v - F-0557397 vr#= ' 1 C/C THE STATE OF TEXAS CAUSE NO. F-0557397 VS. ` CRIMINAL DISTRICT COURT 3 Jackson, Raul _ DALLAS COUNTY, TEXAS JUDICIAL CONFESSION

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written statements of witnesses and other documentary evidence, Accordingly, having waived my Federal and State constitutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and

correct and constitute the evidence in this case: On the 20 th day of June A.D., 2005 , in Dallas County, Texas, I did unlawfully,

unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell.a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY, -

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the lOTH day of NOVEMBER, 1989, A.D., in Cau`se Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said

conviction was a final conviction,v

I further judicially confess that l committed the offense with which l stand charged exactly as alleged in the

indictment in this cause. MPR(? /”Q 7 af /\ ;_ M‘g<-/ dl/ A ia/ /\ >

tto 'or De%dant Defend/ant

c> _- ' SWORN TO AND SUBSCRIBED before me on the (?> day of Nl°u~ , 20 55

APPROVED BY: ' JIM HAMLIN, cLERK ’ DISTRICT coURrs or '

DALLAS OUNTY, 'IiEXAS By /

"’ v

Deputy District Clerk ,,"

Ai:sistant District Attorney

Defendant's agreement to stipulate and waiver of confrontation and cross-examiatio approved by the Court. The above Judicial Confession is hereby approved by th

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' Cause No. OS" §;7'§ ?;2`

'rr-n; sTATE or TEXAS § 1N ruiz COC L( vs. . _ - § nIsTRrCT COURT TAC 115 O/\J/ Eflvl § , DALLAS CoUN'r\', TEXAS

'l`RlAL COURT’S CE_RTIFI,CATION OF DEFENDANT’S RlGHT OF APPEAL*

I, judge of the trial couxt, certify this criminal case:

l:l is not a plea-bargain case, and the defenclant'has the right of appeal, [or] |:l

is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of- appeal, [or]

m is a plea-bargain case, but the trial court has given permission to appeal, and the defendanthas the right of appeal, [or] C§<. is a plea-bargain case, and ll e defendant has NO right of appeal, [or]

vi `. d the dr ght of appeal. '

Judg,e l k-// \ `Date Signed

l have received a copy ofthis certification: -

Delelidairt,(it` not represented by pcounsel) Defendaht’s Counsed

l\'lailing Address; State Bar NO.! §§ 11qu ({‘f?- Mailing Addres

~ s: ,_ ' _ 'l`elephone iii . /q()/ g/M 7%:;§/0 liz.' # "f¢ ' - Telephone #: _ . ’ m v rm)) rax#(_irany): D£//”'l 71 HZGL l l‘t 120 --?///

*A defendant in a criminal ease has the right ofappea| under these rules. The trial court shall enter

a certitication of the defendant’s right to appeal in every ease in which it enters ajudgment ofguilt

or other appealable order. ln a plea bargain case ---- that is, a ease in which a defendant’s plea was

guilty or nolo contendere and the punishment did not exceed the punishment recommended l)y the

prosecutor and agreed to by the defendant ---- a defendant may appeal only; (A) those matters that

were raised by written motion flied'and ruled on before trial, or (B) after getting the trial court’s - permission to appeal. TEXAS RULE OF APPEbLATE PROCEDI,.I`RE "`_5.2(a)(2).

SP ]N CRIMINAL DJSTRTCT COURT 4" lDA`R.LAS COUNTY, TEXAS

. .`-,.;SEQ_ 510065..., .-._

» .;= ;, - --OF\ ’ OFFENSE DEL CS 4 ' REDUCED CHARGE

7….

G .TIME~141844

'Qii)'o'\'£~wl\:-o

L

REMARKS 120605 DEFT . ' . THIS=CASE‘QNLY

myrch cl.EB;_< _ _ z ,~. ._ .. ;»RELE;\__:SE~.J~NFORMATION_; -DALr.As -coUNTY, 'L'ExAs . - ~ =REMARKS ‘ " - :~

DALLAS COUN'[‘Y, TEXAS ` SEQ 0004" if

|JElJJ \./\J ':|:\J

RB'DUCE!> CHARGE

SEN'.[‘ENCE

.. .` , . .- 4 _1..\ ..g.J> .l (.l N ']‘H]S DEF'I'-DEFT SE'J‘ ']'O G() BACK_' ‘]‘O COUR'I‘ ON_ A F-U']‘_URE DATE ']‘O BE CORREC']‘IY N"PE`NCED~P]`¢EAS.E D ‘lj SREGARD S l'_".N'l`ENCE

l a m x l l . DALLAS COUNTY, '.L"EXAS ] REMARKS § ]

, JUDGMENT' ' cERTIFIc:ATE oF mUMBPRINT

CAUSE No. ' Fdjv' 5'7.3‘/`.7 -

THE STATE OF TEXAS ' IN THE

VS. ‘ v DISTRicT cotmT tt j » .¢‘,, 3 . .

/€WL \/A(’/°/§§"U f DALLAS coUNTY, TEXAS

RIGHT THUMB* Defendant's 7457 hand

THIS Is To cERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABovE-

_NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION

oF THE ABOVE sTYLED AND NUMBERED cAUsE. DONE IN coURT THIS /3 DAY 03 22/1@¢7/10'7¢@€ , .20 !.5'.

' ` - BAILI`FF/DEPUTY SHERI-FF

l |

¥Indicate here if print other than defendant’s right thumbprint is placed in box: .

left thumbprint left/right index finger

MOTION TO DISMISS PROSECUTI\,.< Fol'm 183 . -» ' (,@© ( / 37

THE STATE OF TEXAS,

NO. F05-57397-K VS. § IN THE CRIMINAL

§ OF DALLAS COUNTY, TEXAS RAUL DAVID JACKSON § APRIL TERM, A.D., 2006 DEL CS 4c

Now comes the District Attorney of Dallas lCounty, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit: 1

The above case has been reindicted as Cause Number F06-00450-K.

WHEREFORE PREMISES CONSIDERED, the State respectfully requests that this case be dismissed.

Mea an notion br mst.. mry; . , l -'§1'4’//4 . . isst. D'ist.p

98 19 93d Z- A*;?¥§‘§UUZ

EXHIBIT 5

DEADLY WEAPON ALLEGATION

' THE _S'TAT_'E_oE TEXAS`, IN THE cRIMINAL

_ _ _DIsTRicT'co`.URT FoUR oF l *"11A11L11AV1D JACKSON DALLAS COUNTY, TEXAS

NOTICE OF THE STATE’ S SPECIAL PLEA OF USE OR EXHIBITION OF A DEADLY WEAPON

COMES NOW THE STATE OF TEXAS by and through her Crirninal District Attorney giving the defendant the following notice of the State’ s intention to submit a special plea in this . vc2u..ise::' \\ 4 The State intends to seek a deadly weapon finding pursuant to TEX. CODE CRIM.

_,

1 vPROC. ANN art. 42. 12 § 3 g(a)(Z) The evidence will show that the defendant used or exhibited _ a deadly we_apon, to-wit: a‘FIREARM during the cornmission of said offense or during 11 immediate-night iher§fonn§ ' ` v l .:lflie State. would show that said special_.plea.does-not- charge the defendant with an

additional or different offense, nor does it prejudice the substantial rights of the defendant,

Respectfully sub’fn__i_§_ted,

I

CERTIFICATE OF SERVICE

z . . [ l ‘ I hereby certify that on the/ 2 /fkday of §§ £WOOS, a true an correct copy l of the foregoing NOTICE O`F THE S TA'I`E’S SP CIAL PLEA was l e-attor_ney

of record for the Defendant, Bill Cox

Respectfully submitted,

4 Katherine Sica Assistant District Attorney Dallas County, 'I`exas