Mozee, Stanley Orson

Opinion

WR-82,467-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/25/2015 10:47:33 AM Accepted 11/25/2015 11:14:57 AM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS AUSTIN, TEXAS RECEIVED COURT OF CRIMINAL APPEALS 11/25/2015 EX PARTE § ABEL ACOSTA, CLERK § § NO. WR-56,666-03 § DENNIS LEE ALLEN §

IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS AUSTIN, TEXAS

EX PARTE § § § NO. WR-82,467-01 § STANLEY ORSON MOZEE §

APPLICANT’S MOTION FOR ORDER TO DISTRICT CLERK TO TRANSMIT AMENDED APPLICATIONS AND SUPPLEMENTAL EXHIBITS

TO THE HONORABLE PRESIDING JUDGE:

NOW COMES STANLEY ORSON MOZEE and DENNIS LEE ALLEN,

Applicants, and submits this Motion for Order to District Clerk to Transmit Amended

Applications and Supplemental Exhibits and would show the following:

I.

Applicants have filed the following with the Dallas County District Clerk:

1. Amended Applications for a Writ of Habeas Corpus Seeking Relief From Final

Felony Conviction Under Code of Criminal Procedure, Article 11.07.

Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental Exhibits - Page 1 2. Affidavit in Support of Applications for Writ of Habeas Corpus.

3. Exhibits in Support of Applications for Writ of Habeas Corpus.

4. Supplemental Information in Support of Applications for Writ of Habeas Corpus.

5. Supplement to Amended Applications for Writ of Habeas Corpus.

A copy of each of the above named filings is attached to this motion.

II.

Counsel for Applicants has requested that the District Clerk transmit these items to

the Court of Criminal Appeals. Thus far, the District Clerk has not done so. For this reason,

Applicants request that this Court issue an order to the Dallas County District Clerk to

transmit these items to the Court of Criminal Appeals.

WHEREFORE, PREMISES CONSIDERED, Applicants pray that this motion be

granted.

Respectfully submitted,

/s/ Gary A. Udashen GARY A. UDASHEN Bar Card No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Appearing on Behalf of the Innocence Project of Texas

Counsel for Dennis Lee Allen

Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental Exhibits - Page 2 /s/ Nina Morrison NINA MORRISON INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New York 10013 212-364-5340 212-264-5341 fax

/s/ Ezekiel Tyson, Jr. EZEKIEL TYSON, JR. Bar Card No. 24034715 THE TYSON LAW FIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax

Counsel for Stanley Orson Mozee

CERTIFICATE OF SERVICE

I hereby certify that on the 25th day of November, 2015, a true and correct copy of the above and foregoing Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental Exhibits was electronically delivered to the Dallas County District Attorney’s Office.

/s/ Gary A. Udashen GARY A. UDASHEN

Applicants’ Motion for Order to District Clerk to Transmit Amended Applications and Supplemental Exhibits - Page 3 Case No. W00-01305-FR(B) (The Clerk of the convicting court will fill this line in.) v

IN THE COURT OF CRIMINAL APPEALS OF TEXAS CAL AMENDED APPLICATION FOR A WRIT OF HABEAS-C—OV.P.KS _Dtpury SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: Dennis Lee Allen

DATE OF BIRTH: July 7, 1962

PLACE OF CONFINEMENT: On Bond

TDCJ-CID NUMBER: 01001859 SID NUMBER: 05465683

(1) This application concerns (check all that apply):

X a conviction 111 parole

X a sentence 111 mandatory supervision

LI time credit LI out-of-time appeal or petition for discretionary review

(2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.)

265th Judicial District Court/Dallas County

(3) What was the case number in the trial court?

F00-01305-FR

(4) What was the name of the trial judge?

Keith Dean

Effective: January 1, 2014 1 (5 ) Were you represented by counsel? If yes, provide the attorney's name:

Yes, Jim Oatman

(6) What was the date that the judgment was entered?

September 1, 2000

(7) For what offense were you convicted and what was the sentence?

Capital Murder/Life

(8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?

(9) What was the plea you entered? (Check one.)

0 guilty-open plea 0 guilty-plea bargain X not guilty 0 nobo contenderelno contest

If you entered different pleas to counts in a multi-count indictment, please explain:

(10) What kind of trial did you have?

0 no jury X jury for guilt and punishment 0 jury for guilt, judge for punishment

2 (11) Did you testify at trial? If yes, at what phase of the trial did you testify?

Yes, Guilt-Innocence

(12) Did you appeal from the judgment of conviction?

X yes El no

If you did appeal, answer the following questions:

(A) What court of appeals did you appeal to? 8th District/E1 Paso

(B) What was the case number? 08-00-00442-CR

(C) Were you represented by counsel on appeal? If yes, provide the attorney's name:

Yes

(D) What was the decision and the date of the decision? Affirmed - 07/11/2002

(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

X yes Li no

If you did file a petition for discretionary review, answer the following questions:

(A) What was the case number? 1390-02

(B) What was the decision and the date of the decision? Refused - 01/29/2003

(14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction?

If you answered yes, answer the following questions:

(A) What was the Court of Criminal Appeals' writ number? 56,666-02

3 (B) What was the decision and the date of the decision? Denied - 11/12/2013

(C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application.

The current claims are based on newly available and newly discovered evidence

that could not have been presented at the time of the filing of the first application.

The factual and legal basis of these claims was not available. Moreover, by a preponderance of the evidence, but for a violation of the U. S. Constitution, no rational juror could have found the Applicant guilty beyond a reasonable doubt. Art. 11.07, Sec. 4.

(15) Do you currently have any petition or appeal pending in any other state or federal court?

El yes X no

If you answered yes, please provide the name of the court and the case number:

(16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies)

yes EJ no

(A) What date did you present the claim?

(B) Did you receive a decision and, if yes, what was the date of the decision?

If you answered no, please explain why you have not submitted your claim:

4 (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. If your grounds and brief summary of the facts have not been presented on the form application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.

You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum.

5 GROUND ONE:

Applicant is entitled to relief based on newly discovered evidence of actual innocence. No

rational jury would have found proof of guilt beyond a reasonable doubt had the new DNA and other evidence been available.

FACTS SUPPORTING GROUND ONE:

Newly discovered and newly available evidence demonstrates Applicant's innocence. This

evidence is three separate DNA tests definitely excluding both Applicants (Allen and co-

defendant Mozee) as the source of probative evidence from the crime scene. An unknown

person was the source of 1) DNA mixed with the victim's in a distinct drop of blood swabbed

from the front of the store. 2) DNA on the handle of a hammer found next to the victim's corpse,

which contained the victim's own blood on the ball end. 3) A hair underneath the victim's

fingernails. Additional newly available evidence of innocence, includes correspondence from

two jailhouse informants, Lonel Hardeman and Zane Smith, which contradicted their trial

testimony revealing that they had sought and believed they had been promised deals for their

testimony. There is also evidence that these informants fabricated their claims against Allen and

Mozee. Other new evidence is that Det. Berry swore out an affidavit in which he made false

representations regarding the eyewitnesses he had interviewed. Additional newly discovered

evidence is that one of the three store clerks who Det. Berry claimed had identified Allen had

6 actually told another officer she did not get a good look at the suspect and could not identify

anyone. Moreover, there is newly discovered evidence that none of the three store clerks who

allegedly identified Allen as passing the deceased's credit cards actually stands by their

identification and each of them have withdrawn or recanted their identification or expressed

doubts about it. More newly discovered evidence consists of statements from neutral

eyewitnesses describing a pair of suspects seen before and after the murder who did not fit

the physical features of Mozee and Allen. Also, there is new evidence of at least one additional

undisclosed eyewitness interviewed by Det. Berry who gave a detailed description of two men he

saw arguing with the victim shortly before his death. Other new evidence is the fact that

nowhere in the state's files is there any reference to photo arrays containing either defendant

being shown to two eyewitnesses - Scott James and Insun Chon - which indicates that photo

arrays were shown to these witnesses but they did not pick out Mozee or Allen. There is also

newly discovered evidence that Zane Smith had a motive to claim that Stan Mozee confessed

to involvement in this murder: that Mozee allegedly stole Smith's commissary in jail. This newly discovered evidence establishes that Applicant is actually innocent in that

no rational juror would have convicted him in light of the newly discovered evidence. Additionally, actual innocence is also established under the Schlup standard as a gateway to the other constitutional violations alleged in this Application.

7 GROUND TWO:

Applicant is entitled to relief because, by a preponderance, he would not have been convicted

had the new DNA evidence been available at trial.

FACTS SUPPORTING GROUND TWO:

Under Art. 11.073, Tex. Code Crim. Proc., the new DNA evidence in this case provides a ground

for relief. This new DNA evidence was not available to be offered by Applicant at his trial since

it was not in existence. This new DNA evidence identifies DNA from persons other than Allen

or Mozee, in locations where DNA from the persons who committed this murder would be

found. Had this new scientific DNA evidence been available and been presented at trial, on the

preponderance of the evidence, Applicant would not have been convicted.

8 9 GROUND THREE:

The state failed to disclose exculpatory evidence in violation of Applicant's due process rights.

FACTS SUPPORTING GROUND THREE: The state failed to disclose exculpatory evidence in violation of due process as follows: 1) Pretrial correspondence from informants Hardeman and Smith found in the file of the

Assistant District Attorney who prosecuted this case contains the following exculpatory evidence

which was not disclosed to the defense and which contradicts trial testimony presented by the

state.

a. Correspondence from Lonel Hardeman to the prosecutor regarding his belief that he a

deal for his testimony with the prosecutor. This directly contradicts Hardeman's testimony,

directly elicited by the prosecutor, that he had no deal, understanding, arrangement or

expectation of leniency, did not want a deal and never even discussed a deal.

b. Correspondence from Zane Smith to the prosecutor regarding his discussions with the

prosecutor regarding assistance from the prosecutor with Smith's own legal issues. This also

contradicted direct testimony from Smith, elicited by the prosecutor, that there was no deal,

understanding, arrangement or expectation of leniency. This exculpatory correspondence and the discussions between the informants and the prosecutor or other state agents was never revealed to the defense.

10 Because the state lacked any forensic or credible eyewitness testimony inculpating either

defendant in the crimes, and was forced to rely so heavily on informant testimony to prove its

case, the violations here were unquestionably material to the outcome. Moreover, the state's

violations were compounded by the fact that its former lead prosecutor (1) was under direct

pretrial orders from the trial court to make timely disclosure of precisely such Brady material,

and (2) repeatedly and deliberately elicited testimony from both informants at trial disclaiming

any expectation of personal benefit to themselves, even though he knew - as reflected by the

letters in his own file - that this testimony was false.

2. The state also failed to reveal deals, agreements or understandings with the following

witnesses that the state either would or already had assisted them with their own criminal

problems: (a) John Paul Robinson, (b) Cynthia Sloan, (c) Kenneth Jones, (d) Charles Manning,

(e) Alvin Degrafton-Reid, (f) Zane Smith. In fact on Manning and Degrafton-Reid, the police

detective helped them with their probation violations.

3. The state also failed to reveal that the prosecutor interviewed the following two witnesses

who allegedly identified Allen as passing the deceased's credit cards and they expressed doubt about their identification: witnesses Kwoon and Jang.

11 GROUND FOUR: State's witnesses testified falsely at trial and the prosecutor failed to correct their testimony or

inform the court of its falsity.

FACTS SUPPORTING GROUND FOUR:

State's witness Lonel Hardeman claimed at trial that he had no deal, understanding or agreement

with the state, that he would receive help with his own criminal cases after his testimony. He

also claimed that he had no discussion about help with his cases, had no hope of leniency from

the state, and did not want any help and would not accept it if offered. All of these statements

were false and the prosecutor knew they were false. Yet, the prosecutor did nothing to correct

this false testimony or inform the court of its falsity. This is a violation of the prosecutor's duty

to correct false testimony and is a violation of Applicant's right to due process.

State's witness Zane Smith also falsely implied to the jury that he had received no help from

the state on his case and expected none. Likewise, state's witnesses Robinson, Sloan, Manning

and Degrafton-Reid all testified that they had no understanding with the state for assistance

on their cases, and the state had not and would not assist them. This was also false testimony the

state failed to correct violating Applicant's due process rights.

12 13 GROUND FIVE:

The State secured Applicant's conviction through the presentation of false testimony from its

lead detective in violation of Applicant's due process rights.

FACTS SUPPORTING GROUND FIVE:

The state secured these convictions through the knowingly false sworn statements of Det. Berry.

Berry had submitted an affidavit prior to trial in support of applicant's arrest where he stated that

he had located three employees at businesses where suspects had attempted to use the victim's

stolen credit cards within hours of the murder. Berry further attested that the three employees

had identified Allen from the photo array. Berry also testified to this. Newly discovered police

reports and notes from the District Attorney's trial file show that these statements were false.

Moreover, Det. Berry had located and interviewed five, not three employees from these

businesses. In fact, not all of them selected Allen's photograph; one clerk did not, identifying a

different suspect.Also, as to the most relevant witness, Insun Chon, who dealt directly with the

suspect and refused to complete the transaction, Det. Berry's reports make no mention of any

array or lineup ever being shown him. This is likely because the identification procedure

engaged in with this witness did not result in any inculpatory evidence.

Det. Berry's credibility was critical to the state's case: he was the only witness to the allegedly

14 voluntary "confession" of guilt made by Mr. Mozee in custody, and he interviewed virtually all

of the state's key informants and eyewitnesses. The new evidence that he knowingly

misrepresented the nature of the eyewitness evidence to the court and jury in sworn statements

undermines confidence in the trial's outcome and requires due process relief.

15 GROUND SIX:

The state failed to disclose favorable eyewitness evidence in violation of Applicant's due process

rights.

FACTS SUPPORTING GROUND SIX:

The state's trial prosecutor also failed to disclose exculpatory evidence regarding

eyewitnesses, in violation of due process and the district court's express pretrial orders.

In particular, the state failed to disclose the fact that Ms. Kyoung Jang, one of the three store

clerks who purportedly identified Allen to Det. Berry, had earlier stated to another detective

that she "could not recognized [sic] anyone in relation to the attempt [sic] use of the

complainant's credit card, as she had not gotten a close look at the individual trying to use it."

This report was addressed to Det. Berry, was dated more than a year before trial, and was part of

the prosecution's trial file, but was never disclosed to either defense counsel. In addition, the

District Attorney's trial file contains a report regarding another key eyewitnesses who also did

not identify Allen or Mozee: Insun Chon, a store manager who refused to complete the

transaction with the man who tried to use the victim's stolen card Yet, there are no reports

reflecting that eyewitness identification procedures (arrays/lineups) were shown to this witness -

despite the fact that Det. Berry showed the defendants'photographs to every other witness

16 who viewed the suspects, including those with far more limited opportunities to view the

suspects than Mr. Chon This strongly indicates that this witness, consistent with the rest of the

investigation, was in fact show the defendants' photographs and did not identify them, but the

state failed to memorialize or disclose that fact to the defense. In fact, a recently disclosed

notation in the district attorney's file indicates that Mr. Chon did not identify either defendant

prior to trial and the prosecutor was aware of that fact.

17 GROUND SEVEN:

The testimony from the informants was false and presented in violation of due process.

FACTS SUPPORTING GROUND SEVEN:

State's witness Hardeman now admits that the testimony he presented at trial was false and that

Allen did not say the things he claimed at trial he said. Moreover, it is clear from the

records that he falsely testified concerning whether he expected to receive any benefits from

the state. Even if the prosecutor did not know of the falsity of the substance of this testimony,

the presentation of this false testimony is a violation of due process.

The Court of Criminal Appeals has previously held that due process requires relief whether new

evidence reveals that a key witness's trial testimony against a defendant was false, whether or

not trial prosecutors knew or should have known of its falsity. Thus, the informant's recantation,

if credited, would provide further grounds for granting the writ (in addition to the considerable

documentary evidence establishing due process violations regarding these informants as set

forth separately in other grounds, supra).

18 19 GROUND EIGHT: Applicant received ineffective assistance of counsel at trial.

FACTS SUPPORTING GROUND EIGHT:

In an evidentiary hearing on this writ application, the state's prosecutor at trial, Rick Jackson,

claimed that an entry in his notes stating that he showed physical evidence to defense counsel

Jim Oatman, means that he showed defense counsel the letters from Hardeman and Smith

concerning their discussions with the state about help the state would give them on their cases.

Prosecutor Jackson does not claim to remember actually giving or showing defense counsel

these letters. Rather, he relies on this notation of showing defense counsel the physical

evidence as his basis for his claim that he showed the letters to defense counsel. Nevertheless,

the evidence clearly shows that the prosecutor did not show these letters to defense counsel.

However, if the court finds the prosecutor's testimony in this regard convincing, then there is

clear and obvious ineffective assistance of counsel by defense counsel in failing to use these

letters at trial to impeach the testimony of Hardeman and Smith claiming they had no deal,

agreement, arrangement or understanding that the state would assist them in their own cases.

This ineffective assistance would be inadequate performance by counsel and would have

20 affected the outcome of these cases since Hardeman and Smith were important state

witnesses. WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.

VERIFICATION

This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant's attorney. An inmate is a person who is in custody.

The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a Notary Public" before a notary public unless he is represented by a licensed attorney, in which case the attorney may sign the verification as petitioner.

A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the appropriate "Petitioner's Information."

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF 734'

Ga Udashen , being duly sworn, under oath says: "I am the applicant petitioner cle one) in this action and know the contents of the above application for a writ o dbeas corpus and, according to my belief, the facts stated in the application are true."

Signature of Applican

SUBSCRIBED AND SWORN TO BEFORE ME THIS

PHYLLIS ANN SPURGEON Notary Public, State of Texas Sigfiature CNotary Public • My Commission Expires -•"°)e • April 27, 2016

22 PETITIONER'S INFORMATION

Petitioner's printed name: Gary A. Udashen

State bar number, if applicable: 20369590

Address: 2311 Cedar Springs Road

Suite 250

Dallas, Texas 75201

Telephone: 214-468-8100

Fax: 214-468-8104

INMATE'S DECLARATION

I, , am the applicant / petitioner (circle one) and

being presently incarcerated in , declare under penalty of

perjury that, according to my belief, the facts stated in the above application are true and correct.

Signed on , 20

Signature of Applicant / Petitioner (circle one)

23 PETITIONER'S INFORMATION

Signed on 7,4,‘/V, ,7 ,20

Signature of Petitioner

Case No. (The Clerk of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

AMENDED APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 Stanley Orson Mozee NAME-

DATE OF BIRTH- 04/21/1959 On bond pursuant to Art. 11.65 PLACE OF CONFINEMENT.

TDCJ-CID NUMBER: 939024 SID NUMBER . 2375532

( 1) This application concerns (check all that apply): G:#

a conviction 0 parole 3, c:"

94r a sentence 0 mandatory supervision C3 --0 ' . •- 0 time credit 0 out-of-time appeal or petition tor- discretionary review : (1"? c: w c.ii --,.. (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.)

265th Judicial District Court of Dallas County, Texas

F99-02631 -R

Judge Keith Dean

Effective: January I, 2014 (5 ) Were you represented by counsel? If yes, provide the attorney's name:

Matt Fry

August 2, 2000

(7) For what offense were you convicted and what was the sentence?

Capital murder with a deadly weapon; Life imprisonment

(8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?

N/A

0 guilty-open plea 0 guilty-plea bargain if not guilty 0 nolo contenderelno contest

If you entered different pleas to counts in a multi-count indictment, please explain:

0 no jury 0 jury for guilt and punishment 4 jury for guilt, judge for punishment

2 (11) Did you testify at trial? If yes, at what phase of the trial did you testify?

Yes, both during trial and during a pre-trial hearing to suppress the confession.

If yes 0 no

(A) What court of appeals did you appeal to" 5th District, Dallas, Texas

(B) What was the case number? 05-00-01260-CR

(C) Were you represented by counsel on appeal? If yes, provide the attorney's name: Dean M. Swanda

(D) What was the decision and the date of the decision? Affirmed 12/1-4/2001

(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

El yes / no

If you did file a petition for discretionary review, answer the following questions:

(A) What was the case number?

(B) What was the decision and the date of the decision?

(14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction?

El yes no

(A) What was the Court of Criminal Appeals' writ number"

3 (B) What was the decision and the date of the decision?

(C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application.

(15) Do you currently have any petition or appeal pending in any other state or federal court?

D —yes no

If you answered yes, please provide the name of the court and the case number:

(16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies)

Dyes 0 no

(B) Did you receive a decision and, if yes, what was the date of the decision?

If you answered no, please explain why you have not submitted your claim:

4 (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. _Ifyour grounds and briefsummary of the facts have not been t fonnaflplicatidh; the Court will not consideryour grounds; .iiTthdoiitlh If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.

You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum.

5 GROUND ONE: Newly Discovered Evidence Establishes that Mr. Mozee is Actually Innocent. No Rational Jury Would Have

Found Proof of Guilt Beyond a Reasonable Doubt Had the Newly Discovered Evidence Been Available.

FACTS SUPPORTING GROUND ONE: A combination of previously-unavailable DNA evidence and exculpatory documentary evidence that was

suppressed by the State's trial prosecutors demonstrates the innocence of Mr. Mozee and his co-

defendant Dennis Allen; at the very least, no rational jury would have convicted either man of capital

murder had this evidence been available. The new evidence includes, inter alia: (1) newly obtained DNA

— testing-revealing that-person(s) other than the defendant deposited DNA mixedwith the victim's on a

bloodstain at the scene of the crime, in a hair fragment under the victim's fingernails, and on a hammer

found next to the victim's corpse; (2) contemporaneous correspondence from the State's two primary

jailhouse informants, revealing that both men had repeatedly sought. and believed they had been

promised, leniency in their own cases in direct exchange for their testimony for the State, in direct

contravention of their trial testimony and the State's own representations to the jury; (3) exculpatory

eyewitness evidence suppressed by the State at trial; and (4) evidence that the lead detective in the case --

whose credibility was critical to the State's presentation -- had submitted a false pretrial affidavit to the

court. misrepresenting the nature of the_ eyewitness evidence gathered to date. Given the lack of forensic

6 evidence or credible lay witness testimony connecting either defendant to the crime, had the new evidence

■ I1 a • 111 I . ! •.11 11 ' 11 I I II I 1- 1 I II

Applicants' acquittals.

7 GROUND TWO: Applicants are Entitled to Relief Because, By a Preponderance of the Evidence, They Would Not Have

Been Convicted Had the New DNA Evidence Been Available at Trial.

FACTS SUPPORTING GROUND TWO: The new DNA evidence set forth with respect to Claim One, supra, also entitles Applicants to relief under

the newly enacted provisions of Tex. Code Crim. Proc. art. 11.073, in that it establishes, by a preponderance

of the evidence, that Mr Mozee and his co-defendant would not have been convicted had the jury heard

that evidence. The State's trial case rested on the uncorroborated "confession" of Mr. Mozee (which was

wrfiten . Ont fOihirri- bYilie lone- -ctetectiVe to whom he- had-allegedly made-these unrecorded-admissions)

which he has disavowed for more than fifteen years, as well as the implausible and self-interested testimony

of a jailhouse informant. For this reason, new DNA evidence pointing to an unknown individual as the

source of key DNA deposits in multiple locations at the scene of this violent robhery-murder would have

readily tipped the scales to acquittal, satisfying the preponderance standard for relief.

8 9 GROUND THREE: The State Failed in Disclose Favorable F.videnre Revrding Jailhniise And Other Informant Wit ne sses, and

Elicited Testimony from the Informants that the Trial Prosecutor Knew Was False, in Violation of Applicant's

Due Process Rights. FACTS SUPPORTING GROUND THREE: The State violated Mr. Mozee's due process rights by failing to disclose its communications with at least

two jailhouse informants -- one of whom testified at both trials, and one of whom testified at Mr. Allen's trial.

These rnmmimications pertained to the benefits that both informants expressly son & and believed they had

been promised in exchange for their testimony, including letters sent to the lead prosecutor demanding certain

benefits in exchange fig—testifying and/or seeking to have the State honor promises of assistance-that informants

believed had been given. Testimony by informant Zane Smith at Mr. Mozee's trial, and by the former prosecutor

in this proceeding, Rick Jackson, that Smith had "no deal," whether express or implied, is contradicted by this

correspondence, and by the fact that after both trials were over, the prosecutor went to extraordinary lengths to

benefit Smith. He personally appeared for the State in an "agreed motion for a new trial" for Smith, even after

the time to seek (and the court's jurisdiction to grant) such relief had expired; this resulted in the entry of what

was effectively an illegal judgment and sentence reduction on Smith's behalf.

In addition, the State failed to disclose the fact that the lead detective in this case actively assisted two

other informants, Charles Manning and Alvin Degraftenreed, with probation violations before they testified.

This fact was documented in ADA Jackson's pretrial notes that were only recently disclosed. It directly contradicts his

10 sworn tectimnny in this prnreeding that he never ascictert, nr directed anynne tn accict, a State inInrmant with any

pending criminal matter before the informant testified. This evidence is relevant to assessing the former prosecutor's

credibility on all of the due process issues in this writ, including testimony that the State did not assist informant Smith

with his own pending criminal charges, which were resolved with a highly favorable plea less than three weeks before

he testified.

Finally, newly disclosed materials that predate Smith's plea and his testimony against Mr. Mozee reveal that he

failed to timely disclose Smith's anticipated testimony in violation of_pretrial orders; falsely told counsel on the first

day of trial that he had only been contacted by Smith "in the last few days"; and violated pretrial orders to disclose

Smith's written statements.

Former ADA Jackson admitted in this writ proceeding that he was obligated to provide this information to Mr.

Mozee's counsel, yet he has no recollection or record of doing so. Because the State lacked any forensic or credible

eyewitness testimony inculpating either defendant, and was forced to rely so heavily on informant testimony, the

violations here were unquestionably material to the outcome. Moreover, the State's violations were compounded by

the fact that its former lead prosecutor (1) was under direct pretrial orders from the trial court to make timely

disclosure of this material, and (2) elicited false testimony from informants at trial disclaiming any expectation of

future personal benefits to themselves.

11 GROUND FOUR: The State Secured Applicants' Convictions Through the Presentation of False Testimony from Its Lead

Detective in Violation of Due Process

FACTS SUPPORTING GROUND FOUR: The State violated Mr. Mozee's due process rights when it secured his conviction through the knowingly

false sworn statements of Det. Rick Berry. Det. Berry submitted an affidavit prior to trial in support of co-

defendant Allen's arrest, in which he represented to the Court that he had thus far located "three

employees" from the various business at which an unknown suspect, accompanied by a second man, had

- - —attempted-to-use the-victim's stolen credit cards within hours of the murder._ He fuither atfeited that he

had shown defendant Mr. Allen's photo to each of "the three employees" he had identified from these

locations, at which time they "all picked the defendant's photo as the person who had used the credit

cards." He then repeated this alleged chain of events to the jury in sworn testimony at Mr. Mozee's trial.

Newly-disclosed police reports from the District Attorney's trial file reveal that these statements

were false. In fact, Det. Berry's own reports show that when this affidavit was submitted, police had

interviewed five -- not three -- employees from the various businesses who had witnessed the use of the

stolen cards. Moreover, not "all" of them selected Allen's photo: one clerk did not (identifying a different

suspect), and the lineup report for the fifth (the store manager, who had the most direct contact with the

12 suspects) was never produced and may never have been prepared.

Det. Berry's credibility was critical to the State's case: he was the only witness to the allegedly

voluntary "confession" of guilt made by Mr. Mozee in custody, and he interviewed virtually all of

the State's key informants and eyewitnesses. The new evidence that he misrepresented the

nature of the eyewitness evidence to the Court and jiiry in sworn statements undermines confidence in

the trial's outcome and requires due process relief.

, GROUND FIVE: The State Failed to Disclose Favorable Eyewitness Evidence in Violation of Due Process.

FACTS SUPPORTING GROUND: The State's former trial prosecutors also failed to disclose exculpatory evidence regarding eyewitnesses, in

violation of clue process and the district court's express pretrial orders.

In particular , the State failed to disclose the fart that Ms Kyniing Jang , one of the three store clerks who

purportedly identified Allen to Det. Berry, had earlier stated to another detective that she "could not

-anyo-rie-in relation to-the- attempt [sic] use-of-the-complainanes-credit card,-as-she had not -

gotten a close look at the individual trying to use it." This report was addressed to Det. Berry, was dated

more than a year before trial, and was part of the prosecution's trial file, but was never disclosed to either

defence (-mince! Tn addition , the District Attorney's trial file contains reports and notes reprding at least

one other key eyewitness who also did not identify Mr. Allen or Mr. Mozee: Insun Chon, a store manager

who refused to complete the transaction with the man who tried to use the victim's stolen card. Yet there

are no reports reflecting that eyewitness identification procedures (arrays/lineups) were shown to him --

despite the fact that Det. Berry showed the defendants' photographs to every other witness who viewed the

suspects, including those with far more limited opportunities to view the suspects than Mr. Chon.

14 Recently obtained pretrial notes from Mr. Jackson's trial file also indicate that (1) Mr. Chon did not identify

Allen or Mozee as the perpetrator, and (2) Mr. Jackson met with several of the eyewitnesses who made the

allegedly positive identifications shortly before the defendants' trials, yet did not call them as

witnesses. This undisclosed exculpatory matherial further undermines confidence in the coutcome of the

trial.

_

Applicants Were Cnnvirterl nn the Rasis of False Testimnny hy Jailhnnse Infnrrnants Requiring Due Process

Relief Even if the Witnesses' Perjury Was Unknown to Prosecutors

FACTS SUPPORTING GROUND: Two State informants -- Lonel Hardeman and Zane Smith -- have given voluntary interviews to

Applicants' counsel in which they admit that they gave false testimony at the trials of Mr. Mozee and Mr.

Allen. Smith has specifically admitted what was already indicated from the newly disclosed file materials:

that he falsely testified when he claimed to expect no personal benefits from the State in exchange for his

• feti m oriy: in fkt, liehéliêved he had been specifically promised -by tharial - prosecutot th-arth-e- Statewould seek • - - —

a sentence reduction on his behalf after he testified. Testimony by Smith at trial, and by the former prosecutor in

this writ proceeding, that they had no express or even implied "deal" is further undermined by the fact that after

both trials were over, ADA Jackson went to extraordinary lengths to obtain the promised benefit for Smith, by

filing an "agreed motion for a new trial" even after the time to seek (and the court's jurisdiction to grant) such

relief had expired, resulting in the entry of what was effectively an illegal judgment and sentence reduction on

Smith's behalf.

The Court of Criminal Appeals has previously held that due process requires relief where new evidence

reveals that a key witness's trial testimony against a defendant was false, whether

16 or not trial prosecutors knew or should have known of its falsity. Thus, the informants' recantations, if

credited, would provide further grounds for granting the writ (in addition to the considerable documentary

evidence establishing due process violations regarding these informants as set forth separately in Ground Three,

supra).

-

17 GROUND SEVEN: Applicant Received Ineffective Assistance of Counsel at Trial

FACTS SUPPORTING GROUND:

Applicant received ineffective assistance of trial counsel in at least three respects:

(a) Counsel failed to object to hearsay testimony elicited by the State from Det. Rick Berry that

three store clerks had "identified" Mr. Mozee's co-defendant, Dennis Allen, as the person who used the

victim's stolen credit card on the night of the murder. Counsel also failed to conduct a reasonable pretrial

—investigation- into-these alleged-identifications, This lack of diligence-allowed-the-State to- improperly-argue -

in summation that the identifications of Allen corroborated Mr. Mozee's custodial "confession," which greatly

prejudiced Mr. Mozee. Indeed, at Mr. Allen's trial (when this hearsay testimony was not used), nape

of the three store clerks actually identified Allen: one clerk recanted his earlier alleged identification, and the

other two clerks did not testify.

(b) Counsel failed to challenge the voluntariness and truthfulness of Mr. Mozee's custodial

" confession" when he failed to obtain and introduce recent medical records showing that Mr. Mozee had a

documented history of serious mental illness, including schizophrenia, that made him susceptible to giving a

false and involuntary confession. Counsel also failed to retain a qualified expert on false confessions or

18 otherwise present evidence to help the jury understand why the "confession" lacked any indicia of truthfulness

or reliability. This ineffectiveness greatly preiduced Mr. Mozee because it allowed the State to argue in

summation that there was no evidence he suffered from mental illness, that he was feigning symptoms of

mental illness, and that his signed confession was voluntary and reliable.

(c) At an evidentiary hearing on this writ application, trial prosecutor Rick Jackson admitted that

he had no specific recollection of showing Mr. Mozee's counsel the letters received from informants Hardeman

—_- and-Smith-regarding __ _ __the-benefits-they . expected _ _ to receive _ _ from the-State in-exch-an _ - for-theite-stimony;--nor •. __

did he have any file notation corroborating his belief that he must have fulfilled his obligation to Mr. Mozee's

counsel to disclose this correspondence to him. The evidence establishes that the prosecutor did not show

these letters to either defense counsel. However, if the court finds the prosecutor's testimony in this regard is

convincing, then there is clear and obvious ineffective assistance of counsel by defense counsel in failing to use

these letters at trial to impeach the testimony of Smith claiming he had no deal.

agreement, arrangement or understanding that the state would assist him with his own plea and sentence, or to

seek a new trial for Mr. Mozee based on the letters and the false testimony given by the various informants at

both trials. This ineffective assistance, if proven, would be deficient performance by counsel and would

undermine confidence in the outcome of the trial.

19 C

-- -

20 WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.

This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant's attorney. An inmate is a person who is in custody.

The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." A non-inmate applicant must sign the "Oath Before a Notary Public" before a notary public unless he is represented by a licensed attorney, in which case the attorney may sign the verification as petitioner.

A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public and must also complete "Petitioner's Information." An inmate petitioner _ must-sign either the-"Oath Before a Notary Public"-btfore a notary publicor th-e "Inmates _ Declaration" without a notary public and must also complete the appropriate "Petitioner's Information."

STATE OF TEXAS Dallas COUNTY OF

Ezekiel Tyson, Jr. , being duly sworn, under oath says: "I am the applicant / petitioner (circle one) in this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated in the application are true." ' Signature of Applicant / tition (circle one)

(99 SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,20 I-C.

irieressidirlhAlwillhmandbodbodimaim.

K CECILIA LUGO •

My Commission Expires August 16, 2019 • PC1,1,K, /IT tary u lic

PTTIWRIPTIMPWRWWwWW"/■

21 PETITIONER'S INFORMATION

Petitioner's printed name: Ezekiel Tyson, Jr.

State bar number, if applicable: 24034715

Address: The Tyson Law Firm

342 W. Montana Avenue

Dallas, Texas 75224

Telephone: 214-942-9000 214-942-9001 Fax:

, am the applicant / petitioner (circle one) and

perjury that, according to my belief, the facts stated in the above application are true and correct.

Signed on 1■1 cxember 1 3 ' 1 ,20 C

Signature of Applicant / tretitiope (circle one)

Petitioner's printed name- Ezekiel Tyson, Jr.

Address- The Tyson Law Firm

342 W. Montana Avenue Dallas, Texas 75224

214-942-9000 Telephone- 214-942-9001 Fax-

. 1 S-1 Signed on 1 -Mvernbc."- 1 :5 , 20 .

Signature of iCetitione?

23 CAUSE NOS. F99-02631-R, F00-01305-R WRIT NOS. W99-02631-R(A) and W00-01305-FR(B)

EX PARTE IN THE DISTRICT COURT 0

203RD JUDICIAL DISTRICT STANLEY ORSON MOZEE and DENNIS LEE ALLEN DALLAS COUNTY, TEXAS

AFFIDAVIT IN SUPPORT OF APPLICATIONS FOR WRIT OF HABEAS CORPUS

NOW COMES the Applicants, STANLEY ORSON MOZEE and DENNIS LEE

ALLEN, and submits the attached affidavit from the following person in support of their

Applications for Writ of Habeas Corpus:

Stuart Parker

Respectfu ly submitted,

GAR A. UDASHEN Bar Card No. 20369590

SORRELS, UDASHEN & ANTON 2301 Cedar Springs Road Suite 400 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Appearing on Behalf of the Innocence Project of Texas

Affidavit in Support of Applications for Writ of Habeas Corpus - Page 1 NINA MORRISON INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New York 10013 212-364-5340 212-264-5341 fax

EZEKIEL TYSON, JR. Bar Card No. 24034715 THE TYSON LAW FIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax

The undersigned hereby certifies that a true and correct copy of the foregoing Affidavit in Support of Application for Writ of Habeas Corpus was delivered to Cynthia Garza and Patricia Cummings, Assistant Dallas County District Attorneys, on this the t day of November, 2015.

GARY A. UDASHEN

Affidavit in Support of Applications for Writ of Habeas Corpus - Page 2 STATE OF TEXAS AFFIDAVIT COUNTY OF DALLAS

BEFORE ME, the undersigned authority, on this day personally appeared Stuart Parker,

who, after being by me duly sworn, upon oath said:

My name is Stuart Parker. Jam an attorney licensed in the State of Texas since 1975. I am

board certified in criminal law by the Texas Board of Legal Specialization.

I knew Jim Oatman, both personally and professionally. Mr. Oatman was a highly skilled

and conscientious attorney, both as a prosecutor and defense attorney. He put a great deal of effort

into his work and was uniformly viewed as someone who did a very good job for his clients. He was

not only a great courtroom lawyer, but was also known as someone who was well-prepared and

thorough when it came to pretrial discovery and preparation.

I have been asked to comment on the following factual scenario. These facts have been

provided to me by Gary A. Udashen and my comments are based on the information Mr. Udashen

has provided to me.

In the year 2000, Mr. Oatman represented Dennis Lee Allen on a capital murder case. During

trial, the state presented two informant witnesses: Witness one, Lonel Hardeman, testified that he

had spoken to Allen and Allen had admitted being involved in this murder. At the time of trial,

Hardeman was in jail with pending cases. At trial, Hardeman testified that he had no expectation

or hope of leniency from the state in exchange for the information he had provided against Allen.

The testimony from Hardeman at Allen's trial included the following:

(Mr. Jackson - Prosecutor) Q : Mr. Hardeman, do you have any expectations — what are your expectations for testifying in this case? A: Nothing, just to bring a closure to Mr. Boms' death. That's it. Q. Okay. Have I told you that we would talk about maybe doing something in your case after this was over?

Affidavit of Stuart Parker - Page 1 A. No, sir.

(Allen T.T. Vol. 3, p. 266.)

(Mr. Jackson - prosecutor) 1 2 Q : So [Lisa] kind of passed the word to Berry that you wanted to talk to him? A: Well, she stated to him that she knew about the case and for all charges [to] be dropped against me, that she would testify against Dennis Lee Allen. And when Rick Berry came to me, I only told him what I knew. I didn't know nothing else was going on. : Okay. So she kind of negotiated in your behalf', kind of like an agent I guess; Q is that right? A: Yes, sir. : Okay. If all charges were dropped you would testify against Dennis Allen? Q A: Correct. : Okay. But you really didn't want any part of that, did you? Q A: And I still didn't [sic].

(Id. at 272) (emphasis supplied).

(Mr. Jackson - prosecutor) Q: You and Mr. Berry didn't talk about what might be in it for you; is that right? A: No, sir. (Id. at 269.) ••• (Mr. Oatman - defense lawyer) Q: And you really don't want any help from Mr. Jackson here for doing the right thing by coming down here; is that right? A: That's right. : And I take it [if] once this case is over, Mr. Jackson came down and told your Q judge, hey, he helped us out on a capital murder case, you're going to go no, Mr. Jackson, I don't want your help. I want to face these two life sentences on my own because I am such a I good soul; is that right? A: Due to the fact that I never done a robbery before. I'm not going to ask Mr. Jackson for no help. : Okay. Q A: Because truthfully I can stand on the stand just like I am today and beat those robbery cases, because I never done a robbery before. : Going to beat them, aren't you? Q A: I put it in the Lord's hands.

(Id. at 274-75.)

'Lisa was Hardeman's girlfriend.

'Berry was the police investigator.

Affidavit of Stuart Parker - Page 2 After the Allen trial, upon review by Innocence Project attorneys, letters from Hardeman to

the prosecutor were found in the prosecutor's file. These letters were in the prosecutor's file at the

time of the Allen trial. These letters included the following statements:

I Lonel Hardeman Jr. is writing you because I truly feel that I'm being used by the Department against crime. After turning over true statements, letters, and affidavits to your departments to Detective Rick Berry about the April 7, death of minister Jesse Borns; Willing to testifie [sic] against Dennis Lee Allen, a man that I only been with since Sept. 18, 1998 till today of Aug. & Sept. ... From day one Mr. Rick Berry was told from me and others for the information and the things he collected from me all charges against me to be dropped since all allegations are not true. On August. 27, 1999. Mr. Rick Berry stated that he would help me like I helped him; Ms. Crum this would be the second murder case I've helped the Department on with true facts and statements, and willing to continue. I feel as though with the cooperation that I give and the jepordy [sic] of my life that you should release me back to my family. Mr. Ken Penrod and Alvin Pereze are the other two men that knows that I am honest as well as lain you should[.] I spoke with you before. Laying here in jail on charges I didn't commit is wrong, Like I said I'll do whatever it takes to convict Dennis Lee Allen, Taking the stand won't be a problem, All I ask is for my life back with my family. I help you once I'll help you again. Ms. Linda Crum from this letter I wish to hear from you as a response to my letter and freedom; I thank you for in your time out to read this letter and pray to God that this incident come to an closing of the truth and righteousness of Justice. Say hello to 1 Ken and Mr. Pereze as well. Yours Truly, A man that wants his Freedom.. .Lionel Hardeman Jr....God knows who lieing[sic] ....and who's telling the Truth... (Letter from Hardeman to Capt. Crum, dated Aug. 29, 1999).

Dear Sir: With all respect and honor to you I Lonel has been thinking of the issue of the Dennis Lee Allen case. I'm wanting to let you know that I know that we can come to an agreement on the cases pending against me for the testimony against Dennis Allen. I know that 1 if I don't agree to testifie that I would be facing trial in my behalf. I rather do time if I have to and not be number as a snitch than to do time on "Death Row" wondering who's waiting to kill me for talking against Dennis L. Allen and yet I still do time. I can't live that way. In 1998 I help the homicide unit solve a murder [illegible] and I had 4 charges against me then and if the 1 District Attorney agreed upon a deal with me then I know you can [illegible] no different from any other District Attorney! Mr. Ken Penrod and Alvin Perez is the two that helped me then I know somewhere you and I can come to an agreement for my testimony for the Dennise [sic] Allen trial. All I'm asking for in the return of my self is for the 3 robbery cases be droped which I know for a fact I didn't do, and state jail probation 2 years for what I did do and sign befor I step on the stand so when I step down I'll be back in the arms of my family and not having to worrie if I'll ever see Dennise [sic] L. Allen for a while. This is not a lot to ask

Affidavit of Stuart Parker - Page 3 for, I still will be accepting a conviction and I know I would have to walk very lightly for the rest of my life. Other than this don't call me back, I don't want to waste your time nor mine.

11 have a family to that loves me; I have childrens as well that care for me; Dermise [sic] is a man that I know would come after 1 me if he had a chance; Im risking myself, family and friend by standing trail against him; Im bring Justice to a family that lost a love one behind a person with no moral; I think for what I'm asking for is not even enough but is acceptable to ask for, I've been here once remember that in 1998 murder case I know it can be done, I'm willing to tell the truth if your willing to give my life back to me. I thank you for your time and patients and tell Douglas Shopmeyer God is watching his children every step of the way. God know Imdtw-7 telling the truth and soon the court will to someway some how. . ..You can't Hide the Truth! You have the Right man now lets put him away! God Bless you. (Letter from Hardeman to ADA Jackson dated Feb. 14, 2000).

1Dear sir: My agreement with you is soon to be over...with you or without you I know I can win my case along with out jepeordising [sic] my life as well as my family lives because I never done any robbery what so ever and Im willing to go to trial now because I can't keep waiting on another man trial that keeps on being reschedule. My state jail time is about up and yes Im on parole; Im not afraid of what I have to face, cause I am innocent.

When found innocent I'm facing maybe a little more time if any at least I know something is being done, so I can go home. Im tired of 1 of laying here knowing I can win my case than to wait on a man that is guilty. I have a life and a good family and childrens that loves me. We can't keep waiting on another man when I can take care of my own. Long as I been here I could have been to trial and home and if I have to be here past my state jail time than I rather go to trial cause Im not going to keep on waiting any longer on another man that keeps being set off I hope you understand. Im not going back on my word but Im not going to keep waiting on him either if I have to come to court from the free world then I will but this waiting and waiting no more People can't even let me know what's going on I have to hear about it from T.V. You people tell me one thing and there's another I don't know what to think or do no more, I need my lawyer to contact me "ASAP" I have a lot of question that need to be brought out to you and him. Please contact me; thank you. (Letter from Hardeman to ADA Jackson dated July 7, 2000).

1 The District Attorney's file also contained letters that Hardeman's girlfriend wrote him while

he was in jail. The following are excerpts from these letters:

What are they talking about doing on your cases? Are they offering probation at all?

Oh!!! This is what I wanted to talk to you about. One night right after you had left I was sitting on the steps alone drinking and shit and these 2 white men passed by. I felt

Affidavit of Stuart Parker - Page 4 like they were cops but I didn't give a shit right 5 minutes later they stopped in front of me and started questioning me and shit about what I was doing and so forth. Anyway after we talked a minute he said you seem educated and all this. Then he said that they were homicide detectives working on the case of the minister that got robbed and killed. He gave me his card in front of everybody right. I look at it and tear it up. He ask me if I wanted to make some money, I said yeah. He said if I come up with anything to call him. Well I didn't tell him what I knew. He told me what he knew. He said he looking for a black man that hangs where I was sitting with receding Salt-n-pepper hair in his late 30's to early 40's that goes by the name Stan. I told him I'd ask around but I didn't know much. But I know who did it Lonel. I called Marvin and asked him to get in touch with the detective to see if I could talk to him in exchange for lesser sentences for both of us. But I do know 100% who did it. Do you think I'm doing the right thing? About talking to the detective? He hasn't come to see me yet so maybe Marvin didn't even call him but I sure would like to get in touch with him. Maybe you can find someone on your end to get in touch with him. His name is Detective Rick Berry--DPD homicide division. If you contact someone who can get him, tell him that I need to speak with him regarding information on the homicide case on the minister. Maybe he can do something for us because I do have some pertinent information for him. And I don't care about telling it because I don't plan on being in the South Side like that ever again. I'm looking out for me and my baby, fuck the rest. (Undated letter from Lisa Davis (Hardeman's girlfriend) to Lonel Hardeman, at pp. 7-9) (emphasis supplied; typographical errors in original).

Anyway I am sure you have heard about D.A. He has been charged with the death of the preacher I have been telling you about. He was p/u [picked up] 2 Saturdays ago. That's why the detective didn't come see me because they had him already. Plus he has 2 robbery charges pending. One of them is aggravated. It's in this past Saturday's paper. I will try and send that to you.

So you know what that means huh? You probably can prove that he was the mastermind of that hustle. I sure hate that for him but you now have a better chance on your cases boo. (Undated letter from Lisa Davis to Lonel Hardeman).

I understand that one question the court is considering is whether the prosecutor had given

these letters to Mr. Oatman, either during or before trial. This question has arisen because Mr.

Oatman is deceased and unable to answer the question. I also understand that there was no reference

at all in the trial to these letters.

Based on my knowledge of Jim Oatman's skills and dedication as a lawyer, Tam certain that

he would have used these letters to impeach the testimony of Hardeman if he had been given them

Affidavit of Stuart Parker - Page 5 by the prosecutor. Any competent lawyer would have used them, and since Mr. Oatman was not just

a competent lawyer but an outstanding one, I am sure he would have used them at trial. Based on

the fact that Mr. Oatman did not use these letters to challenge the testimony of Hardeman, my

conclusion is that he was never given them by the prosecutor. In addition, had Mr. Oatman been

shown the letters by the prosecutor prior to trial, I have no doubt that he would have requested that

copies be made so that he could have had them available for impeachment purposes at the time the

witness testified, and that he would have used the letters for that purpose during trial.

Additionally, at Allen's trial, the state called a jailhouse informant, Zane Smith, who testified

that Stanley Mozee, Allen's co-defendant, admitted being involved in the crime. During Smith's

testimony at Allen's trial, it was revealed that he had written a letter to the state in which he claimed

that Mozee confessed to the murder. However, the state apparently did not reveal that Smith had

written a second letter to the District Attorney immediately after the Mozee trial, but before the Allen

trial, that stated the following:

1 Dear Prosecutor, Jam writing this letter in response to the issues we discussed on the Mozee trial. Sir I was also scheduled to go to my parole lhearing the day I was supposed to testify, that's why I didn't get to speak to you before I came in to testify. Mozee has been sending word by other inmates telling them I'm a snitch and also telling me that he's got my address and that he's gonna get me. Sir I am not too worried about those issues but what I'd like to know is -- Will you still be able to intercede on my behalf as you said. Sir I would appreciate any efforts that you can help me with in this matter. Please notify me if possible. Sincerely, Zane A. Smith. P.S. I've forgotten your name. (Letter from Smith dated Aug. 2, 2000).

1 This letter contradicts Smith's testimony at Allen's trial where he indicated that he had

already been sentenced in his own case and did not reveal that he was expecting more benefits from

the state than what had already been received.

Based on my knowledge of Jim Oatman's skills and diligence as a lawyer I am confident that

he would have used the letter from Smith to the prosecutor to make sure the jury knew that Smith

Affidavit of Stuart Parker - Page 6 was expecting assistance from the prosecutor based on his testimony at trial, and that Smith had

immediately asked the prosecutor to deliver on that expectation immediately after he testified at co-

defendant Mozee's trial.

In summary, Jim Oatman was an outstanding lawyer and I am certain that he would have

used each of these letters at the Allen trial had he been provided with them. In addition to using

these letters to impeach both Hardeman and Smith, it is also my opinion that Mr. Oatman would

have used these letters to powerful effect during his closing argument (for example, to argue more

broadly that the State's evidence and witnesses could not be trusted because at least two of its

informants had already been shown to have given false testimony about undisclosed expectations

and personal benefits).

BEFORE ME, the undersigned authority, on this day personally appeared Stuart Parker,

known to me to be the person whose name is subscribed to the foregoing instrument, and after being

duly sworn by me did state upon oath that the facts contained in said instrument are true and correct.

SUBSCRIBED AND SWORN TO before me th I #4'L- day o C LUIZ' , 2015.

LAURA MARTINEZ MY COMMISSION EXPIRES March 13,2019 ary Public in and for The State of Texas

My co/ _mmis//ion_expires: 1 3 q.

Affidavit of Stuart Parker - Page 7 WRIT NOS. W99-02631-R(A) and W00-01305-FR(B) CAUSE NOS. F99-02631-R and F00-01305-R

EX PARTE IN THE DISTRICT COURT

STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT AND DENNIS LEE ALLEN DALLAS COUNTY, TEXAS

EXHIBITS IN SUPPORT OF APPLICATIONS FOR WRIT OF HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORSON

MOZEE, and submits these Exhibits in Support of their Amended Applications for Writ

of Habeas Corpus:

Exhibit A: Portions of Clerk's File in Charles Manning

Exhibit B: Portions of Clerk's File on Alvin Degraftenreed — co Respe fully submitted, --o

C J) -

GARY A. UDASHEN Bar Card No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Appearing on Behalf of the Innocence Project of Texas

1 NINA MORRISON INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New York 10013 212-364-5340 212-264-5341 fax

EZEKIEL T SON, JR. Bar Card No. 24034715 THE TYSON LAW FIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax

I, the undersigned, hereby certify that a true and correct copy of the foregoing Exhibits in Support of Applications for Writ of Habeas Corpus was delivered to Cynthia Gari and Patricia Cummings, Assistant Dallas County District Attorneys, on this the clay of November, 2015.

2 111111111111111111111111 FRS- in 2-QT P72- ORIGINAL REVOCATION BOND S7 111 ill 1111 Appellant Attorney (appointed/retained) F809245 Court Reporter IS .3 54 0ii — THE STATE OF TEXAS Atty. for Stet _ AlrgiTA t Li' VS. , q4„, F98-15085 Atty. for Defenda OFFENSE CHARLIE JUNIOR MANNING Jud gfr • zutzke (VISITING/MAGISTRATE) . /MAGISTRATE) AGGRAVATED THEFT OF PROPERTY THE VALUE OF Date MEMORANDUM OF PAPERS FILED $1500 OR MORE BUT LESS THAN ;20,000, A STATE 467 JAIL FELONY OFFENSE AS CHARGED IN THE INDICTMENT ia .g . 98r eatteiL 067-1 4/) /Pa itfr-h I. 9161 . ObOO 2 a,3.92' 1 t NM 14 1999 INDICTMENT FILED CERTIFIED COPY OF INDICTMENT DELIVERED 3 PROB VIOL MTN MO—WARRANT ISSUED TO THE SHERIFF TO BE SERVED ON DEFENDANT JUL I 6 IEM ( DATE) IN THE COUNTY JAIL ON 4 g,meri a)id_ Ait, ayseo PROB PROB VIOL MIN W/DRAVIN — DEFT CONT ON 199? DOATFFEEONFSE. 5 Jo 11 RM Judgment Rendered PROB VIOL MIN FILED-O ISSUED re 2 2 1009 V 709 0125r /26. 7 MOD %CIL. MTN, W/ORAWN—DEFT CONT ON PROB 1 VOL 47 PAGE ;5'9 . 9 . a0.01] Q Sentenced 19 8 vitrnadi (1.0-01 BEGINNING ON DATE OF: 9 CREDIT FOR TIME SERVED: 10 11 Attorney 12 Add ss 13 112 eived Copy of Indictment on Dais 14 15 e") NOTICE OF DISPOSITION - IN CRIMINAL DISTRICT COURT 3 DALLAS COUNTY, TEXAS SEG 0005

CASE NUMBER F-9010085 DATE. 120701 OFFENSE THEFT AGGREGATE 1.500.: TIME 122612 REDUCED. CHARGE 7 TNE:STATE OF.:TEXWAPS. DEPMANNING:.CHARLAEJUNLOk M DOB4O4229F BNO 99107544 DISPOSED BY DISM 2 13 SENTENCE -: APPEAL: - - - - - - - - - 6 SPECIAL CONDITION • MNT 7

He 00:000T: sEN*Fmcc..J0-.0EGI,N ADDITIONAL CKED1T FOlk:TIMr:SER'VED

REMARKS 120701_DEFT NOT IN JAIL; JUDGMENT SET ASIDE; - - - - - - - - - - - 4 2$ 26 RETURN ANY WARRANTS. 0 TRit k CASEONLY. 27 8 JIM HAMI,IN (7." DISTRICT CLERK A . JtFLEASE-INFORMATION. DALLAS COUNTY, TEXAS I REMARKS - - - - - - - - 31 BY k' 17'32 GOBBOLD:D DEPUTY CLERK 35

36 3 38 39 4 Cr 4 4 43 (--- 44 45 L 46 4 48

M 51 $2 çsa

56 CAUSE NO. F9815085J THE STATE OF TEXAS IN THE CRIMINAL DISTRICT COURT NO 03 VS. DALLAS COUNTY, TEXAS CHARLIE MANNING

ORDER DISMISSING PROCEEDINGS AND GRANTING DISCHARGE FROM COMMUNITY SUPERVISION FOLLOWING DEFERRED ADJUDICATION

This day came on to be considered the matter of the release from community supervision of the defendant in the above styled and numbered cause, and the dismissal of the proceedings against the defendant. It appearing to the Court that the adjudication of guilt was deferred and the defendant was placed on community supervision on the 3rd day of December , 1998 , for the felony offense of

THEFT $1500,- AS CHARGED IN THE INDICTMENT

and it is further appearing to the Court that the period of community supervision has expired and the Court has not proceeded to an adjudication of guilt in this cause; IT IS THEREFORE ORDERED that the period of supervision herein is terminated, the defendant is discharged from 'community supervision, and all proceedings in this cause against the defendant are hereby dismissed, except as provided in Article 42.12 Section 5, Texas Code of Criminal Procedure. SIGNED this 4th day of December , 2001.

Id JUDGE ROBERT FRANCIS CRIMINAL DISTRICT COURT NO 03 DALLAS COUNTY, TEXAS C 257934 dc . NOTICE OF DISPOSITION -- IN CRIMINAL ,DISTRICT COURT 3 DALLAS COUNTY, TEXAS SEG 0009

CASE NUtIDER F 910& DtkTE-- — OFFENSE THEFT ASS 1.500 TIME 135441 . REDUCED CHARGE

THE STATE OF TEXAS VS. . DEF MANNING CHARLIE JUNIOR -RACE, B SEX M DOB 042259 ' 'I ) 1 DISPOSED BY z SENTENCE 3 YRS TO STATE JAIL PROBATED APPEAL

6 51 ErTACT—CDNI7ITION ---------

700 .'60 FINE, $ 186.25 COST SENTENCE TO - BEGIN 000000 - o . S ADDITIONAL CRED T FOR TIME SERVED

3 REMARKS 092000 DEFT NOT IN JAILWROB VIOL MTN W/DRAWN DEFT TO CONTINUE ON I BAION;RECALL WARRANT - - - - - - - -

0 ------ JIM—MrAIIL.E1 , DISTRICT CLERK RELEASE INFORMATION DALLAS COUNTY. TEXAS I REMARKS , 0 BY BAItlitY C DEPUTY CLERK , DATE: September 20, 2 CAUSE NO.:F9815085J THE STATE OF TEXAS Criminal District Court No 3 VS. DALLAS COUNTY, TEXAS

CHARLIE MANNING JR. STATE'S MOTION TO . WITHDRAW ITS MOTION TO REVOKE PROBATION OR PROCEED TO AN ADJUDICATION OF GUILT TO THE HONORABLE JUDGE OF SAID COURT: Comes now the District Attorney of Dallas County, Texas, by and through the undersigned Assistant District Attorney, and in the above cause respectfully requests the Court to allow the State to withdraw its Motion to Revoke Probation or Proceed to an Adjudication of Guilt. Respectfully submitted, BILL HILL, DISTRICT ATTORNEY DALLAS COUNTY, EXAS

By: Ass ant-Distric ttorney

ORDER The foregoing State's Motion to Withdraw its Motion having been presented to the Court, same is hereby in al things.granted, and the Defendant is continued on probation.

Awsplomo .7 GE, CRIMINAL DISTRICT COURT NO 3

ML#C257934 dc TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS BAIL STATUS: BOND F98-15085-QJ No •

STATE OF TEXAS ATTORNEYS 12e2/.. OFFENSE DATE OF FILING AGGRAVATED THEFT OF PROPERTY THE VALUE OF $1500 OR MORE CHARLIE JUNIOR MANNING . 0 4. . 4Ac a .. BUT LESS THAN $20,000, A STATE JAIL FELONY OFFENSE AS JULY 15 1998 7 CHARGED IN THE INDICTMENT 4-.20 ,- 5 e ' r' Coil_ 44.1--6.51

, • 1E/NMI - DATE OF ORDER re'WM= ORDERS OF COURT AL 21 IN FIRST SETTINa IQ; - 7 - ; • --.1_, 7•--2c;- 9e3- " ,,... ill• --3 _43. iv • 111C - 4. - 5 8- Jcv —/ — 0- I-GIs IMIIIIPANIIIIT 0- 98' 1-01-42-1:' ...;411. c9--'-', , a. dr ■-■1 - , AP ■ 1 ■'• 40.' • i 'AO II, tvz • - / -3 7: 0 #4,..., 4. 6.-- j a lar fll EM I r DEC 3 1998 ill ' WAIVED. DEFENDANT ARRAIGNED. DEFENDANT WARNED. PLEA OF : :. :. - .e . - , •_ . ) 1 TO PROVE DEFENDANT'S GUILTY AS CHARGED IN THE INDICTMENT — Ififgg..- ,t .1 kilt, 5 , : i . . - ' ' : ,' : tt.: ■ , ., ■ II - UnQ MITTED ON THE -- ..- - DAY OF 0. -- 19.' % . FURTHER

L k I PligigUNAS ” YEARS. COURT COSTS 'OFI . . : ± g T

ri I .- '. ! ! ! - ■ ! , ■

. I I OF A FINE IN THE AMOUNT ô OF ,• ° 1 • P _ . .' . .1 . THE FINE TO . 1 Ailf — _,,.... — D , l'H -4 .--a PAI BY _A1_19—C STATE OF TEXAS —e5 vs No F- 9i5.Y5 06— Ckart e— or- Me6101/%A.,

DATE OF ORDER ORDERS OF COURT

g Iwo- 7 , , --.1. 0,1 c..1( „.0 , Co - c_iS. .0 e-c, .5-L.- f a, e,r- 4 A LAVAC. • 7 7 ...... //- , cv ,C .il_ 90 -4 p - 3o - - ot) 0 5 c. 7- • C2 , 6 _.0 • -3-e7 Ezi -—- )1",-1-1 .V.-- 522 -f —q

, -AI& i 1, - 0 0 ,, . • , 0- CC C- „ 4,-cro MC _ .., o - z €f- az 2/ id L--- C 6) a /./. %& -

O _,Mr.....-. 01 a L.__ 5- , e2., / a 0 e_____ I PW OW-- 0 0 t (--- A-' 0C2D I - 1. . (____ 6 ' (2_.3 - co ir _ . , -, ., .o IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

/4 - THE STATE OF TEXAS VS. { CAUSE NO.(S) _ /fop- C ir bc /114-At Fit

CASE INFORMATION

The Defendant in this cause is charged with the offense of

a degree felony. The possible punishment for this

offense is

PLEA BARGAIN DATA CONTINUANCE DATA

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: at am/pm

Years TDC Days in Dallas County Jail

Years Probated for Years.

Days In Dallas County Jail Probated

for Days. which will be the setting of this case.

Fine The appearance of the Defendant at the next setting

(IS) / (IS NOT) waived.

Aseastant Mudd Anomey attorney for Defendant Defendant - PhCla3 Nurrber 72-- PJ/ 2- Phone tannbet Phone Nunitaa

ORDER AND FINDING

State (IS / IS NOT) found to have, in fact, been ready this date

Dania Judge

Date

FORM 98 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. { CAUSE NO.(S) CAAfhe

On a plea of Guilty, the District Attorney will Case passed b agreement to: recommend the following: ilir 2_,L4 * 61. at anVpm

for the purpose of: Years TDC Days in Dallas County Jail

Assistant Diana Anomey Attorney for Del Defendant

(2)6- 7 2-- /2- hone Nurriner ‘• Phone Nurrter Phone Nurrbef

State (IS / IS NOT) found to have, in fact, been ready this date

Meted Judge

Dee

FORM 96 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT -

0 0 IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS CAUSE NO.(S) .1"

,a degree felony. The possible punishment for this

offense is • I

On a plea of Guilty, the District Attorney will Case p9ssed by agreement to: recommend the following: 1-66 7L1" 47 at am/pm

Asostam District Attorney Mornay lor Del Delerelant

22 -9 J/2- hone Number Phone Number hone Number

State (IS / IS NOT) found to have, in fact, been ready this date

District Judge

Dale IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. { CAUSE NO.(S)

6tn.,

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 2— ift—c at arri/pm

for the purpose of: Years TDC Days in Dallas County Jail S-

Assistant District Attorney

Phone Numbs' C2 Phone NUII*Of —F 3/2-- Phone Number

State (IS / IS NOT) found to have, in fact, been ready this date

Dale

FORM 9S WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. CAUSE NO.(S) F- 9 8-- ... ( _SG r It Itee.:•:.5

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 2 WI/ 4t7 at anVpm

for the purp9s9,of: Years TDC Days in Dallas County Jail SA1/40 Years Probated for Years.

(IS)/ (IS NOT) waived.

Assistant Diana Attorney Attorney bar Defendant Delendant

Phone Nurnbat (9/06 - P3/2 Phone Nurrbet Phone Nurrbel

Stale (IS, IS NOT) found to have, in fact, been ready this date

Deed Judge

FORM 96 WHITE COPY — FILE. YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. { CAUSE NO.(S) 044 r/o "r7 i— ")--

On a plea of Guilty, the District Attorney will Case paged by agreement to: recommend the following: at anVpm

for the purpose of: Years TDC Days in Dallas

G J10, y,/, County Jail

I. Phone Ni. Phone Nurrber Phone Nurrbet

I (er("'"A*1 ORDER AND FINDING

State (IS / IS NOT) found to have, in fact, been ready this date

Mulct Judge

FORM 93 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. CAUSE NO.(S) F CASE INFORMATION

PLEA BARGAIN DATA CONTINUANCE DATA On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 2---g/l/Aft4 at am/pm

for the purpose of: _A) Years TDC Days in Dallas County Jail

Assistant Dhoti Anornoy

Phcee Nurrber PM,,o NuIIo, Phone Nunter

06 ;;/

State (IS / IS NOT) found to have, in fact, been ready this date

Distdo Judge

One

FORM 98 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT 71, :

NOTICE OF DISPOSITION IN CRIMINALDISTRICT COURT DALLASCOUNTY EXAS'"

CASE NUMBER F-9815085 DATE 010400, AI FFENS E THEFT :AGG 1.,500 TIM 16ZO32 REDUCED CHARGE

THE STATE OF TEXAS VS. DEF MANNING CHARLIE JUNIOR RACE B SEX . M DOB 042259 BNO 99107544 DISPOSEDErt

SENTENCE 1 , 3 YRS TO STATE JAIL PROBATED

SPECIAL CONDITION !LA". n20

• 22 700.00 FINE $ 186.25 COST SENTENCE TO BEGIN 000000 23 ADDITIONAL CREDIT FOR TIME SERVED

'REMARKS 010499 DEFT IN JAIL;$10,905' : PR . BOND POSTED PER.JUDGEFRANCTSMOPT,' :atiN g .SENT TO BOND DESk -

;:r1

29 W JIM HAMLIN 31 DISTRICT CLERK RELE A S E INFORMATTON '2 DALLAS COUNTY, TEXAS REMARKS THIS:,011SE,:..0.tiLY.,A

4 1 C 3 BY BAILEY C 1-7' 35 DEPUTY CLERK

:77

7.3 •

•

DEFENDANT'S PERSONAL DATA

a-4-1,x Defendant's full name: Aliases or nickname: Home address: 7 0p,4 ,1 . A 4 144 4 For .................... years . For Previous address: .............................................................................................................................. years 6449) 224 .....7 13,,!?: .................................................................... Phone: - "/ Birthdate: tfi .• 3a Birthpl c e: , 44,4 Education (yrs.).........,.... iClo r..1. 713 ... 10 Ht: " Wt: / 61J 1 Eyes : P r•-• .1-l ai'r% ` eiii .... If unemployed, how long: ............................................................................... Set' Res. Dallas Co. (yrs) ........................ Name of present employer: .......................... His address: ............................................................. Phone: ................................... Typ 4.,,iv '1 7;..- * Name or supervisor: .................................................................................. Employed since: ............................................. Approx. TOTAL earnings past twelve months (after deductions): $ ................................................................................... Name of former employer ............................................................. His address: ................................................................. Phone: ........................... TylWor-w&ik:---- — Name of supervisor . Employed from .................... to ................. Reason for leaving: ................................................................................................................................................................... Marital status (circle) S M W D Sep. ALL minor children (No.) .............................................. Spouse: ................................................................................. Address: ................................................................................. Church & Pastor ................................................................................. Address: ..... Home: Rent? ............... .........,Own? Monthly 7nt, or payments: $ Military service (circl A F M N CG From 7? to Type discharge: 4- 0,{14 - Pension •r•-1-- Amt; $ ............................................. Auto: Make ................................................................... Body type ....................................... Model ............................. Auto license No ...................................................................... Texas or .......................................................... Oper. Comm. Chauf. Driver's license No. ........................................................................................ Expires Social Security No. '2) —S-73,3 I Three Dallas Cki nt yLR9 idgits who will ALWAYS know your whereabouts: I h ef c_cw: e Address A.4.0/A i',.. 4 I, - r A /f.., 1. •Name Phone .Cz) '9 Y f- -/ff ) Relationship ......................................................................... 1/q414, 1 e(jf i f e 2. Name / Address it • Phone ........................................................................... Relationship

3. Name Address Phone ................................................... Relationship How many times have you been arrested before? ................................................................................................................. Have you ever been convicted of an offense other than a traffic ticket? ......................................................................... Describe time, place and nature of offense: ......... ` ............. •

Have you ever been on probation? "14. Offense .............................................................................. 1 Officer Ms C44 Lur- Address ................................................................... Revoked? ........................ Discuss Have you ever been on parole? ............................................... Offense ............................................................................... Officer .................................................... Address ................................................................... Revoked? ........................ Discuss ....................................................................................................................................................................................... Have you ever been on bond? ................ How many times? ........................... Charges ................................................ ............................................................................................... Name of bondsman ............................................................... Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli- cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and understand that any false statement made herein may be grounds for th urt to withhold or withdraw my personal bond at any time. I agree to allow the Court to contact any of the have listed above to verify the inform- ation furnished by,me. Date: ...................................................... ' Defendant:5 Signature FORM 3664 APPEARANCE BOND (AFTER INDICTMEMP-FELONY-PERSONAL BOND)

• THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT 1, C r/'e-

-1-1 as principal, and being the defendant in the charge referred to herein, am Iffld and firmly bound unto THE STATE .7A 1" 44 04 4)t1-e-' .4.CP 114 ($ ie. OF TEXAS in the penal sum of DOLLARS, payable to said State, and for the payment of which sum, well and truly to be made,'I do bind myself, my heirs, executors, and admin- istrators, jointly and severally by these presents; and in addition thereto, I am bound for the payment of all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the event I fail to appear before the court or courts provided for herein at the time stated herein; the amount of such ex- pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally by these presents; this bond shall be valid and binding upon me as principal, for my personal appearance before the court desig- nated herein and before any court in which this cause may hereafter be pending at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for any and all subsequent court proceedings had relative to the hereinafter described charge.

CONDITIONED, that, whereas, I as principal, now in legal custody of the Sheriff of Dallas County, Texas, -0-3 charged in due form of the law in the Judicial District Court of Della; ft. Co...unt 4.,.y.7 , Texas, in Cause No.r1S- -tra /1.5- 1-,c,,--/fe , and styled the State of Texas vs. with a felony offense, and who by the order of the judge of said court has been required to give y personal bond in the sum set out above, conditioned for my personal appearance before said last named court on the ............. day of //..... ,2-esvac-............... lac.- 90 A.D. /.11 , at ................... o'clock 4 M., or upon notice by the court, and any other court provided for herein, to answer the said above described charge now pending against me and for any and all subsequent proceedings had relative to the charge. Now, If I as principal shall make my personal appearance as .? provided for herein before said Judicial District Court of Dallas County, Texas, in the Courthouse in the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis- charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro- vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other court to which said cause may be transferred, at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and term to term of any such courts in which or before whomever said charge is pending, for any and all subsequent pro- ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void, OTHERWISE to be and remain in full force and effect.

WITNESS my hand this day of

Signature of Defendant as Principal 3 e22 9 1. 0 " 4 ca 4 r ifre ' I; Address of Defendant as Principal herein Melilla fr ...........................

Name of Employer or Business 714 Place of Employment (Street Address)

"I swear that I will appear before the ............................. Judicial District Court of Dallas,County, Texas at the ' Courthouse in the City of Dallas, in Dallas County, Texas, on the .... 17 " .of ......... a-'qft- day . . 20420. A.D. I4..... , at .................. o'clock .... M., or upon 'notice by the Court, or pay the court the principal sum of ......................................... ts 0/. o 41 or )' DOLLARS, - plus reasonable expenses Incurred in any arrest for failure to appear.', t-De

SWORN to and 'bed by ........................... ................. before me, on this • day of 1:90 JIM HAMLIN, Clerk of Judicial District

.By.. ••I Deputy \ The foregoing bond taken and approved by me this •• ...... ai>06

Judge,C udicial District Court of 'Dallas County, Texas fl IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. CAUSE NO.(S)

x./ 4,1 7 r- k CASE INFORMATION

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: FeI 24'" 6r at am/pm

for the purpose of: Years TDC Days in Dallas County Jail tva- Years Probated for Years.

Aesietant Dieted Artomey Attorney for Defendant Defendant

t h e Nurrber Phone Number Phone Number

State (IS / IS NOT) found to have, in fact, been ready this date

Dien ict Judge

Do

FORM 95 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT \A\ et471,fi,a(it2T ( .1 0 1,00g CAUSE NO. F9815085J F THE STATE OF TEXAS cAPIAS ISSUED ) This th aayof December A.D.1999 VS. 089499 ) Honorable ROBERT FRANCIS ) Judge, Criminal District Court No 3 CHARLIE MANNING, JR Of-r- 06-22--9g Defendant DSO #: 0765572 AT LARGE XX IN CUSTODY DATE OF BIRTH: 04/22/ 59 LAST KNOWN ADDRESS: RACE: B SEX: MALE 300B AUGUST DR 4.- HAIR: BLK EYES: BRO. DENTON X 76 07 HT: 5'10" WT: 175 lbs. DATE La -1 3 - DEPUTY Offense: AGO THEFT OF PROPERTY

To any Sheriff or any Constable of the State of Texas: 1IO222t(1 %g YOU ARE HEREBY COMMANDED to take the body of CHARLIE MANNING. JR who has been charged by indictment for a felony offense and placed on probation, and him safely keep so that you have him before the Honorable Criminal District Court No 3 of Dallas County, Texas at Courthouse, thereof in the City of Dallas, instanter, then and there to THE STATE OF TEXAS against the said ,CHARLIE MANNING. JR for violation of the- Conditions of probation in Cause No F9815085J F State of Texas vs. CHARLIE MANNING, JR HEREIN PAIL NOT, but have you then and there this Wr:i howing how you have executed the same. Given under my off Aal seal of Said Court of Dallas County, Texas, this th day of December A.D. 1999

ATTEST UM EigDATE J411 11,01,1, Dist ct Clerk WAMOSI Dail s • Y. t- as AMINUILMI By I il -m- -7- eputy k - • •• vzsmicalual MOM= NCIC MEM SHERIFF'S MIME= Came to hand this day of INN 0?C RETURNED on this .. ) :P" day of " 1/ ' Er , A.D. 19 Mileage $ JIM BOWLES ap0 BOWLES, Dallas County SheRiii ff Fees Total By rim UAL-11.-r14/. 0. / Deputy IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. { CAUSE NO.(S) 9T- C F li--- 16---

PLEA BARGAIN DATA CON71NUANCE DATA

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 6A t -- 2■ 7a at am/pm

Flne The appearance of the Defendant at the next setting

(IS)! (IS NOT) waived.

Assisttnt Mulct Attorney

r-v 227 : ' --r-7347 Phone,Nurrber Phone Number

Stale (IS/ IS NOT) found to have, in fact, been ready this date

Okddct Judge

Don

FORM 96 WHITE COPY — FILE, YELLOW COPY — DISTRICT ATTORNEY, PINK COPY — DEF. ATTORNEY/DEFENDANT IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS VS. CAUSE NO(S) C4orh, odonggen •Irs ,

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: at anVpm

Assistant District Attorney Morey of Defendant Defendant

Phone Nurrbet rep,,&-rw7 Vhone Number

Slate (IS / IS NOT) found to have, in fact, been ready this date

District P.Oge

Doe

Cr1111.1 OR WHITE COPY — FILE. YELLOW COPY — DISTRICT ATTORNEY. PINK COPY — DEF. ATTORNEY/DEFENDANT No. F9815085J THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO 3 VS. DALLAS COUNTY, TEXAS man MINIM JR MOTION TO REVOKE PROBATION OR PROCEED WITH AN ADJUDICATION OF GUILT COMES NOW the State of Texas by and through her Criminal District Attorney and would show the Court the following: That CHARLIE MANNING. JR , Defendant was duly and legally placed on Probation in the above entitled and numbered cause in the Criminal District Court No 3 of Dallas County, Texas, on the 3rd day of December , 1998, A.D. of the offense of AGGRAVATED THEFT OF PROPERTY, AS CHARGED IN THE INDICTMENT That Defendant has violated the following conditions (b.d.1.1.m, & n) of said probation in that (SEE ATTACHED) This violation occurred after December 3. 1998 and during . the term of probation. WHEREFORE, the State prays that said Defendant be cited to appear before this Honorable Court and show cause why his probation should not be 'revoked; and that upon a final hearing, the probation heretofore granted said Defendant be revoked. This the 22nd day of December , A.D. 1999. BIL llas County, Texas

ASS T DIST ICT ATTORNEY A 13 this ',ion was deliVered to the Deend.ant on the 3?) day of , A. D. 19

CS) 0\4\11\6•Q/K0 COMMUNITY SUPERVISION OFFICER

I received a copy of this motion o day of 02aidadDA.D. 1999.

De endant M14257934.030 ********************** COMMUNITY SUPERVISION OFFICER • FILED • JIM HAMLIN * . DISTRICT CLERK * * DALLAS CO., TEXAS *

DEPUTY ****************w***** tc/mb 79815085J p ecember 22. 1999 THE STATE OF TEXAS Criminal District Court No 3 VS. DALLAS COUNTY, TEXAS CHARLIE MANNING. JR

(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics, dangerous drugs, inhalants or prescription medication without first obtaining a prescription for said substances from a licensed physician; to include alcohol as a prohibited substance. ( CHARLIE MANNING, JR submitted urinalysis on July 27, 1999 which tested positive for Cocaine). (d) Obey all the rules and regulations of the probation department, and report to the Probation Officer as.directed by the Judge or Probation Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY (CHARLIE MANNING, JR failed to.report to the probation officer as directed for the months of February through June and November 1999). (j) Pay a probation fee of $40.00 per month to the Probation Officer of this Court on or before the first day of each Month hereafter during probation; (CHARLIE MANNING, JR did not pay probation fees as directed and is currently delinquent $440.00 ). (1) Defendant will perform 120 hours of Community Service Restitution enroll and cOmmence said CSR on/or before January 1. 1999 . , and complete a minimum of 10 hours per month until completion fo CSR on or before Januar y 31. 2000 . Perform CSR hours at an approved community service project designated by the CSCD. A processing fee of $50..00 payable. to the Volunteer Center will/will not be required for referrals through the Volunteer Center. (CHARLIE MANNING, JR did not begin community service hours as directed). (m) Make restitution in the amount of $600.00 for the loss sustained by the injured party. Payments are to be paid through the probation officer of this court at the rate of $25.00 per month. First payment is due on or before January 1. 1999 and a like payment is due on or before the first day of each month thereafter until paid in full. (CHARLIE MANNING, JR failed to pay restitution as directed and is currently $275.00 ). (n) Reimburse Dallas County, Texas, in the amount of $886.25 for the services of a Court-appointed Attorney and fine and/or court cost. Payments are to be paid through the probation officer of this court at the rate of $50.00 per month. First payment is due on or before Januar y 1, 1999 and. a like payment is due on or before the first day of each month thereafter until paid in full. (CHARLIE MANNING, JR did not pay court-appointed attorney and fine and/or court costs as directed and is currently delinquent $550.00 ). , . CAPIAS PROBATION VIOLATION CAUSE NO. F9815085J F

THE STATE OF TEXAS CAPIAS ISSUED ) This ay of December A.D.1999 VS. ) Honora'ble ROBERT FRANCIS ) Judge, Criminal District Court No 3 CHARLIE MANNING. JR Defendant DSO #: 0765572 XX AT LARGE IN CUSTODY DATE OF BIRTH: 04/221 59 'AST KNOWN ADDRESS RACE: R_ SEX: MALE 300B AUGUST DR HAIR: DLit' EVES: PRO DENTON. TX 7 6 20 7 HT: 5'10" WT: 175 lbs.

Offense: AGO THEFT OF PROPERTY

To any Sheriff or any Constable of the State of Texas: y olvAwmankm COMMANDED to taketheboody.Of CHARLIE MANNING. JR' who has been charged by indictment for afelony offense and 131 aced on probation, and him safely keep so that ypubav bim:before'the Honorable CriMinal,District : Court No 3 Of Dallas County, Texas t the COurthoUse thereof in g the City'of% Dallas, instanter, then and there to answer THE STATE OF TEXAS a ainst the said .- CHARLIE -MANNING. JR - for. violation of the bondttdOoe-of probation dn-POOEW.NO.: , F9S156853 FC

State of Texas vs. CHARLIE MANNING, JR HEREIN FAIL NOT, but have you then and there this-Writ, showing how you have executed the same. Given under my of fic al seal of said Court of Dallas County-V.V448 this j i day , of December A.D. 1999. ' • '

4110,/ Crimina Dis tt No 3 D llas County, Texas _

Came to hand this day of , A.D. 19

RETURNED on this Adayr,Of A.D. 19 . -- mileao JIM4OkES Sheriff JIWBOWLES, 'Dallas County Fees Total By Deputy NO. F9815085J THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO 3 VS. DALLAS COUNTY, TEXAS g idAZILIMIIABMING. JR MOTION TO REVOKE PROBATION OR PROCEED WITH AN ADJUDICATION OF GUILT COMES NOW the State of Texas by and through her Criminal District Attorney and would show the Court the following: That CHARLIE MANNING a_, Defendant was duly and legally placed on probation in the above entitled and numbered cause in the Criminal District Court No 3 of Dallas County,. Texas, on the d of racember , 1998, A.D. of the offense of AGGRAVATED THEFT OF PROPERTY, AS CHARGED IN THE INDICTMENT That Defendant has violated the following conditions (b.d.1,1.m. 4 n) said probation in that (SEE ATTACHED) This violation occurred after _pecember 3. 199a_ and during the term of probation. WHEREFORE, the State prays that said Defendant be cited to appear before this Honorabre Court and show cause why his probation should not be revoked; and that upon a final hearing, the probation heretofore granted said Defendant be revoked.

This the p2nd day of December., A.D. 1999. .

Biltp IILL, D.st c las County, Texas

BY 'N. A..S.A:571ATBIITRICT:ATTORNEY

A copy of this motion was delivered to the Defendant:On the day of A.D. 19 *:

commuNITY SUPERVISION OFFICER I received a copy of this motion on the day of A.D. 1999.

Defendant , ML#257934.030 ********************** COMMUNITY SUPERVISION OFFICER • FILED • JIM HAMLIN • DISTRICT CLERK * DALLAS CO., TEXAS

DEPUTY ********************** tc/mb F9815005J December 22. 1929 THE STATE OF TEXAS Criminal District Court No 3 VS. DALLAS COUNTY, TEXAS

CHARLIE MANNING. JR

(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics, dangerous drugs, inhalants or prescription medication without first obtaining a prescription for said substances from a licensed physician; to include alcohol as a prohibited substance. (CHARLIE MANNING, JR submitted urinalysis on July 27, 1999 which - tested positive for Cocaine). (d) Obey all the rules and regulations of the probation department, and report to the Probation Officer as directed by the Judge or Probation Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY (CHARLIE MANNING, JR failed to report to the probation officer as directed for the months of February through June and November 1999). (j) Pay a probation fee of 14A,00 per month to the Probation Officer of this Court on or before the first day of each month hereafter during probation; (CHARLIE MANNING, JR did not pay probation fees as directed and is currently delinquent $440.00 ). (1), Defendant will perform jag_ hours of Community Service Restitution enroll and commence said cSR on/or before Januar y 1. 1999 , and complete a minimum of 10 hours per month until completion fo CSR on or before January 31. 2000 . Perform CSR hours at an approved community service project designated by the CSCD. A processing fee of $50.00 payable to the Volunteer Center will/will not be required for referrals through the Volunteer Center. (CHARLIE MANNING, JR did not begin community service hours as directed). (m) Make restitution in the amount of $600.00 for the loss sustained by the injured party. Payments are to be paid through the probation officer of this court at the rate of $25.00 per month. First payment is due on or before January 1, 1999 and a like payment is due on or before the first day of each month thereafter until paid in full. ( CHARLIE MANNING, JR failed to pay restitution as directed and is currently $275.00 ).

(n) , Reimburse Dallas County, Texas, in the amount of $166.25 for the , services of a Court-appointed Attorney and fine and/or court cost. .. Payments are to be paid through the probation officer of this court at the rate of $50.00 per month. First payment is due on or before January 1. 1929 and a like payment is due on or before the first day of each month thereafter until paid in full. (CHARLIE MANNING, JR did not pay court-appointed attorney and fine and/or court costs as directed and is currently delinquent $550.00 ). '----- NOTICE OF DISPOSITION IN CRIMINAL DISTRICT COUR(' 2 DALLAS COUNTY, TEXAS SEG 0004 L 6 CASE NUMEIER F-9015003 DATE 101899 OFFENSE THEFT AGG 1,500 TIME 150915 5 REDUCED CHARGE THE STATE OF TEXAS VS. - DEF MANNING CHARLIE JUNIOR RACE 8 SEX-M . 00B 04.2259. BMO 9.8062347 DISPOSED BY SENTENCE 3 YRS TO STATE JAIL PROBATED ' APPEAL SPECIAL CONDITION 7 MNT 700.00 FINE . 8 ,.:, - 186.25 COST SENTENCE TO BEGIN 000000 ADDITIONAL CREDIT FOR TIME SERVED REMARKS 101099 DEFT NOT IN JAIL; PKOB VIOL MTN HIT HDFA'T N DUI F' TNT ON PROt 23 24 2 RETURN ANY WARRANTS ON THIS CASE ONLY - , - .. JIM HAMLIN DISTRICT CLERK RELEASE INFORMATION 2 DALLAS COUNTY y TEXAS I REMARKS 3 1 3 ev KELLEY D I DEPUTY CLE R K' 1 _ DATE: October 18, 19,., CAUSE NO.:F98 -15085J THE STATE OF TEXAS Criminal District Court No 3 VS. DALLAS COUNTY, TEXAS

Charlie Junior Mannina STATE'S MOTION TO WITHDRAW ITSMOTION TO REVOKE PROBATION OR PROCEED TO AN ADJUDICATION OF GUILT TO THE HONORABLE JUDGE OF SAID COURT: Comes now the District Attorney of Dallas County, Texas, by and through the undersigned Assistant District Attorney, and in the above cause respectfully requests the Court to allow the State to withdraw its Motion to Revoke . Probation or Proceed to an Adjudication of Guilt. Respectfully submitted, BILL HILL DISTRICT ATTO DALLA XA

- nt Dist ct Attorney

ORDER The foregoing State's Motion to Withdraw its Motion having been presented to the Court, same is hereby in all things granted, and the Defendant is continued on probation.

624/ JUDGE, CRT INAL DISTRICT COURT NO 3

ML#257934 BAIL BOND THE S. .CE OF TEXAS COUNTY OF DALLAS VS

RACE; SEX; ft\ Dolir - - - == - MISDEMEANOR FELONY JUDGE • BNO g DATE 7- .2 - 9 CASE KNOW ALL MEN BY THESE PRESENTS: THAT WE, UNDERSIGNED SUPERIOR BONDING e4,97E.0,-.. I PRINCIPAL,AND ,AS SURETY,ARE HELD FIRMLY BOUND UNTO THE STATE OF TEXAS IN THE PENAL SUM OF 44.,..c.,//1",( DOLLARS ($ ../,..M,CriAND IN ADDITION THERETO, WE ARE BOUND FOR THE PAYMENT OF ALL FEES AND EXPENSES THAT MAY BE INCURRED BY ANY PEACE OFFICER IN REARRESTING THE SAID PRINCIPAL IN THE EVENT ANY OF THE STATED CONDITIONS OF THIS BOND ARE VIOLATED FOR THE PAYMENT OF WHICH SUM OR SUMS WILL AND TRULY TO BE MADE, WE DO BIND OURSELVES,AND EACH OF US, OUR HEIRS, EXECUTORS, AND ADMINISTRATORS, JOINTLY AND SEVERALLY. THE CONDITE4 OF THIS BOND IS THAT THE DEFENDANT HAS BEEN CHARGED WITH sp/i/ 49,4 AND TO SECURE HIS RELEASE FROM CUSTODY IS ENTERING INTO THI 0 LIGATION BINDING HIM TO MAKE A PERSONAL APPEARANCE (INSTANTER) BEFORE COURT TO WHICH THE SAME MAY BE TRANSFERRED AND BASED ON SAID CHARGE. HABEAS CORPUS WITH WRIT-THAT IS SAID PRINCIPAL SHALL WELL AND TRULY APPEAR IN THE COURT OF DALLAS,TEXAS, AM.,ON THE DAY OF , A,D.19 IN THE COURTROOM OF SAID COURT,IN THE COURTHOUSE IN THE CITY OF DALLAS,DALLAS COUNTY, TEXAS PURSUANT TO THE ORDER OF THE JUDGE THIS DAY MADE,GRANTING A WRIT OF HABEAS CORPUS ON APPLICATION OF SAID PRINCIPAL,IT HAVING BEEN CALLED TO HIS ATTENTION THAT SAID PRINCIPAL IS RESTRAINED OF HIS LIBERTY BY A PEACE OFFICER OF DALLAS COUNTY,TEXAS,UNDER ACCUSATION OF SAID CHARGE AGAINST THE LAWS OF THE STATE OF TEXAS,SAID WRIT BEING DEPART THERE FROM WITHOUT LEAVE OF SAID COURT,PENDING EXAMINATION OF AND HEARING OF SAID WRIT,INORDER TO ABIDE FINAL DETERMINATION THEREOF BY SAID COURT. I, VICTOR F. MONTOYA ,00 SWEAR THAT I AM WORTH AT LEAST THE SUM OF 0 00 DOLLARS,AFTER DEDUCTING FROM MY PROPERTY ALL THAT WHICH IS EXEMPT BY THE CONSTITUTION AND LAWS OF THE STATE FROM FORCED SALE,AND AFTER PAYMENT OF ALL BY DEBTS, WHETHER INDIVIDUAL OR SECURITY DEBTS, AND AFTER SATISFYING ALL ENCUMBRANCES UPON MY PROPERTY WHICH ARE KNOWN TO ME, AND THAT I RESIDE IN DAT LAS COUNTY AND HAVE PROPERTY IN THIS STATE LIABLE TO EXECUTION WORTH SAID AMOUNT,OR MORE,AND THAT I PERSONALLY SIGNED MY NAME AS SURETY TO THIS BOND. I FURTHER SWEAR THAT THERE ARE NO OUTSTANDING JUDGEMENTS IN DALLAS COUNTY TEXAS,OR ELSEWHERE AGAINST THE AFFIANT AND THAT THE AFFIANT MAKES THIS STATEMENT FOR THE EXPRESS PURPOSE OF INDUCING THE APPROVAL AND ACCEPTANCE OF SAID BOND WITH HIMSELF AS A SURETY THEREON, WELL KNOWING, BELIEVING AND INTENDING THAT THE MAKING OF THIS STATEMENT WILL INDUCE THE OFFICIAL CHARGED WITH THE DUTY OF ACCEPTING AND APPROpf SAID ;OND TO ACCEPT AND APPROVE THE SAME, AND THAT ALL STATEMENTS HEREIN AwiEtu ELP ME GOD.

3000 A0,9 ...316 Da.. CI FIANT-SURETY ,4413 ADDRESS ADDRESS 230 S. INDUSTRIAL BLVD. 4 6J - CITY Deis-1 0 ST 7.7k ZIP 74 09 CITY DALLAS ST TEXAS ZIP 75207 PHONE' PO— / 007 PHONE (214) 747-1166

SWORN TO AND SUBSCRIBED BEFORE ME, ON JAI ER A NCY THIS THE DAY OF ,19 eiPc7 TAKEN AND APPROVED BY ME THIS

2c DAY P Li 19 1'6. JIM BO ,SHERIFF DALLAS COUNTY NOT øLIC I ND FOR DA LAS CO.TE!

BY I DEPUTY BONDSMAN ACCOUNT II 645 5-23-1v Tt-YA6if 06

NO BOND: BOLID—ArialtIT $ !SDD pc(e_ s-s.G 6 CAUSE NO. F9R-150R5J 4-5 CAUSE NO. F _1331113 2 THE STATE OF TEXAS CAPTAS TBSUED This JA da y of MAY A.D. 1999 Honorable RC:BF:CT FPANCJS Judge, Criminal District Court NO.3 eldARLIE_LIIINIOR_MANNIAG____ ) Defendant DSO #: 0765572 °234113‘ DATE OF BIRTH:ILI/22/52 LAST KNOWN ADDRESS: At Large RACE: B MALE _ FEMALE 1311E_WIX2IN-dgaT_AYEIDE____ HAIR: BLAUZ_ EYES: BROWN GALLNI,L2EXASL252013 HT: 5'10" WT: 175 lbs. Offense! ZEIZELT.ROPERDajmairm

To any Sheriff or any Constable of the State . of Texas: YOU ARE HEREBY COMMANDED to take the body of CJIARLIE_ABINIQR_MANNING__ _ who has been charged by indictment for a felony offense and placed on probation, and him safely keeP cJ o that you have him before the Honorable ROBEET_FRANCIE, Criminal District Ct.No.3 - Dallas County. Texas at the Courthouse, thereof in the City of Dallas, instanter, then and there to answer THE STATE OF TEXAS against the said CHARLIE_,TiM,Mii_MA for violation of the conditions of prohation in Cause No. F96-15085J CAUSE NO. F

State of Texas vs. MARTJES JUNIOR MANNING HEREIN FAIL NOT, but have you then and there this Writ, showing how you have executed the same. Given under my official seal of said Court of Dallas County, Texas, this day of _RAY _ A D 1q99

, ATTEST –— -Bifl Lo District Clerk Judge, RQEERTF2Akl_ej,a_________ Da as District Court No.3 Dallas County, Texas Depu IMMINEIEN el.

Came to hand this 2HERIEEL9--RETURNI

day of Atry r /D• Wirifi Ka girRINWPAI

02. MINIM .101,,..... namaummomm Tor , n...tc wows ir-- /IT v. RETURNED on this _262_ day of L. A ii, • ' Mileage Fees Sherif County Total By CONDITIONS OF BOND

THE STATE OF TEXAS INkTHE CRIMINAL DISTRICT COURT NO.3 DALLAS COUNTY, TEXAS VS.

Oharlie MAnnina Jr

CAUSE NO. F9S-15085J

It is the order of the Court that you comply with the following Conditions of Bond:

(a) Report to the Dallas County Community Supervision and Corrections Department as directed by the Judge, to-wit: WEEKLY beginning 7/27/99 at 10:30 (o) Submit a urine sample on demand to the supervision officer of this court to determine the use of controlled substances.

Witness our Signatures this 22 day of July 1999

Defendant C- 257934 A4 143b1M% . 51Upervision Officer TOIPLIL9

PROBATIQN VIOLATTog ‘BONO-AMOUNT $ CAUSE NO. F98-15085.1 CAUSE NO. F THE STATE OF TEXAS ZARIAS_ISSURED ) This J.L. day of MAY A.D. 1999 VS. ) Honorable ROBERT FRANCIS ) Judge, Criminal District Court NO.3 CHARLTE annum ammarran Defendant DSO 1: 0785572 DATE OF BIRTH: 114/22/52 LAST KNOWN ADDRESS: At-Laxon RACE: B 11 MALE _ FEMALE sononumg ARMOR HAIR: BLACK_ EYES: BROWN DALLAs, writs 75208 HT: slue! WT: 125 lbs. Offense: IHEEr--11QEZETY-AGOZ115a0 2

To any Sheriff or any Constable of the State of Texas: YOU ARE HEREBY COMMANDED to take the body of CHARLTE MANNINO who has been charged by indictment for a felony offense and placed on probation and him safely keep so that your have him before the Honorable ROMPRT vAANCTS, Criminal District Ct.No..3 Dallas County, Texas at the Courthouse, thereof in the City of Dallas, instanter, then and there to answer THE. STATE OF TEXAS against the said CRART,TX JUNTOR MANNING for violation of the conditions of prdbation in Cause NO. Foes - isnan.1 CAUSE NO. F

State of Texas vs. CRARLTAR aftwoR mmairwo HEREIN FAIL NOT, but have you than and there this Writ, showing how you have executed the same. Given under my official seal of said Court of Dallas County, Texas,. this J.1_ day of A.D. 1999..

441 a

7:'neD141 . " 4, , District Clerk Judgei,,BORXR, Texas District Court m...3. a Dallas County, Texas 'FRANCIS

•• [11:7 gRWRTFIV I R lommi C airie!•;t . hand this 0: day of , A.D. 19

RETURNED on this day of , A.D. 19 Mileage $ Fees $ Sheriff J. BOWLES County Total $ By Deputy NO. F98-15085-J * THE STATE OF TEXAS CRIMINAL DISTRI,_ COURT NO.3 V S. DALLAS COUNTY, TEXAS CHARLIE JUNIOR MANNING APRIL TERM 1999 NOTION TO PROCEED WITH AN ADJUDICATION OF GUILT COMES NOW the State of Texas by and through her Criminal District Attorney and would show the Court the following: That CHART-TR MANNING , defendant was duly and legally placed on probation for a period of a years in the above entitled and numbered cause in Criminal District Court No. 3 of Dallas County, Texas, on the 3 of mgcsman_, 192B, for the offense of: THEFT/PROPERTY/AGO/$1,500 AS INCLUDED IN THE INDICTMENT That the Defendant has violated the following conditions 00.1.m.n of said probation in that (SEE ATTACHED) This violation occurred after 12-3-W1 and during the term of probation. Wherefore, the State prays that said Defendant be cited to appear before this Honorable Court and show cause why the Court should not proceed with an adjudication of guilt on the original charge. This the -1.1.---day of MAY ------A D 1999.

THE STATE OF TEXAS BILL HILL, Distri t A Dallas County Texas

OPPOSES BOND BY: ASSVSTANT DfggCT lr ATTORNEY

A copy of this motion was delivered to the e/fendant on the day of , A.D. 1999 COMMUNITY SUPERVISION OFFICER I received a copy of this motion on the day of A.D. 1999. Defendant ML#257934 Pro03.010 ********************** • FILED * * * JIM HAMLIN * * DISTRICVCLERK * * DALLAS N, TEXAS * * * * * * - DEPUMY * ********************** rf/WL NC. F98-15085-J Deferred Motion

THE SPATE TEXAS CRIMINAL DISTRICT COURT NO. 3 VS. DALLAS COUNTY, TEXAS CHARLIE'JUNi& MANNING APRIL TERM 1999

(d) OBEY ALL THE RULES AND REGULATIONS OF THE PROBATION DEPARTMENT, AND REPORT TO THE PROBATION OFFICER AS DIRECTED BY THE JUDGE OR PROBATION OFFICER; TO-WIT:MONTHLY (CHARLIE J. MANNING did not report to the probation officer as directed for the months of February, March, April 1999.) (3) PAY A PROBATION FEE OF $40,00 PER MONTH TO THE PROBATION OFFICER OF THIS COURT ON/OR BEFORE THE FIRST DAY OF EACH MONTH HEREAFTER DURING PROBATION. (CHARLIE J. MANNING did not pay probation fees as directed and is currently delinquent $190-00 ) (1) DEFENDANT WILL PERFORM 1 20 HOURS OF COMMUNITY SERVICE RESTITUTION ENROLL AND COMMENCE SAID CSR - ON/OR BEFORE 1-1-99 AND COMPLETE A miNaMum OF 10 HOURS PER MONTH UNTIL COMPLETION OF CSR ON/OR BEFORE 1=31--. 200G. PERFORM CSR HOURS AT AN APPROVED COMMUNITY SERVICE PROJECT DESIGNATED BY THE CSCD. A PROCESSING FEE OF $50.00 PAYABLE TO THE VOLUNTEER CENTER WILL/WILL NOT BE REQUIRED FOR REFERRALS THROUGH THE VOLUNTEER CENTER. (CHARLIE J. MANNING has failed to perform 12011OurO.dVCommunity Service Restitution hours at 10 hours per month. Probationer has failed to begin his Community Service Restitution hours.) (m) MAKE RESTITUTION IN THE AMOUNT OF $500 00 FOR THE LOSS SUSTAINED BY THE INJURED PARTY. PAYMENTS ARE TO BE PAID THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF $25.00 PER MONTH. FIRST PAYMENT IS DUE ON OR BEFORE 1-1-99 AND A LIKE PAYMENT IS DUE ON/OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL. (CHARLIE J. MANNING did not pay restitution payments as directed and is currently delinquent $75.00 ) (n) REIMBURSE DALLAS COUNTY, TEXAS, IN THE AMOUNT OF $RAA.2 FOR THE SERVICES OF A COURT-APPOINTED ATTORNEY AND FINE AND/OR COURT COST. PAYMENTS ARE TO BE PAID THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF $50.00 PER MONTH. FIRST PAYMENT IS DUE ON OR BEFORE 1-1-99 AND A LIKE PAYMENT IS DUE ON OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL. (CHARLIE J. MANNING did not pay restitution payments as directed and is currently delinquent $150.00 ) c , FORM: 7 T i J -PRUDAT1EN. REV, .. 09 /01 /^T

THE STATE OF TEXAS IN THE — CRIMINAL DISTRICT COURT CHARLIE MANNINO JUNIOR DALLAS COUNTY

DEFERRED ADJUDICATION ORDER

OCJOSEP TERM, A.,D 199B ,.., UDGE PRESIDING: ROSERT FRANCIS DATE OF ORDER: 12/03/98

ATTORNEY ATTORNEY FOR STATE: S rio ruN FOR DEFENDANT: NOEMI COLLIE

: AOGRAVATED THEFT OF PROPERTY THE VALUE OF 1500 OR MORE T.N.IT LESS THIN '020,000

DEGREE: . STATE JAIL DATE OFFENSE COMMITTED 06/22/?B

CHARGING INSTRUMENT : I ND I CT MENT PLEA GUILTY

TERMS CF FLEA DAROIN' (IN DETAIL): - '.' OPEN

'PLEA TO ENHANCEMENT .PARAGRAPH(ST: N/A ................ FINDTNII5 ON DEADLY T WEAPON, AI AS OR FREADIEE, AND/OR FAMILY VIOLENCEI:

DATE COMMUNITY FUDERVISION IMPOSED: I 2/03/9a COSTS YES

PERIOD OF SUPERVISION AHD A FINE OF 1:700.00 7. FINE PROBATED: YEE RESTITUTION/REP TION YES

CONCURRENT UNLESS OTHERWISE SPECIFIED, **

• • ON THIS DAY SETSET FORTH ADDLE THE ABOV .-.: STYLED AND , NOM2ERE,D CAUSE CAME 1 . 0 TreIOC.. THE .. ;FIATE oF. TEXAS AND DEFENDANT APPEARED 2-Y 'ANOITHPOUGH . THE' 'ADOVE NAMED ATTORNEYS AND ANNOUNCED-.READY FOR TRIAL. DEFENDr-,HT APREAREB'IN PERSON IN OPEN . CCLRT, NT-T:RE NAS NOT REPRESENTED GY • COUNSEL,.„.. DEFENDANT KNOWINCLY:„. INTELLIGENTLY. AND VOUNTARILY WAIVED THE RiGi -n TO RSPRESPNTATION 2Y COUNSEL.. DEPENDANT, ,-1F4 PERSON AND 'IA NRITING IN UPEN COURT WANNEO-HIS • RIGHT OF TRIAL - DY• jURY . WITWTHF- CONSENT AND APPROVAL OF H1B AlTORNE'T, - THE •ATTORNEY FOR.,-THE STATE4. AND',THE,,OCURT. WHERE SHOWN AMOVE THAT THE CHPGINO INSTRUMENT WAG:'.DY . .• INFORMATION, INSTEAD OF INDICTMENT, THE DEFENDANT om, IjITH THE CONSENT ANDAPPROVAL• "ATTOPMEY, WAIVE HIS RIGHT hi PROSECUTION • BY INDICTMENT AND .VUL. 417 IiOS 59 • NO , s I . . 'AUREETOBE .TRIED ON AN INF RNATION ALL. SOGH•WA IVERS IREEMENTS AD CONSENTS WERE IN WRITING AND FILED 'THE PAPERS OF THIS CAUSE 1 .: 10R TO THE DFFENDANI ENTERING . HIS FLEA HEREIN.' DEFENDANT WAS DUCY ARRAIUNED AND IN OPEN COURT' ENTERED , THE ABOVE PLEA II) THE CHARGE' CONTAINF,D 'IN THE CHARGING INSTRUMENT, AS SHOWN ABOVE .. - - DEFENDANT WAS ADMONISHED BY THE COURT THE- CONSEQUENCES OF - snTe PLEA . AND DEFENDANT PERSISTED IN ENTERING:SAID PLEA,' AND IT, PLAINLY APPEARING TO THE ' • COURT THAT DEFENDANT IS MENTALLY COMPETENT', AND SAID FLEA, IS..FREE AND VOLUNTAY THF SAID PLEA 'WAG OCCUTEO BY . THE COURT AND IS NOW. ENTERED , OF RECORD AS THE FLEA HEREIN , - OF DEFENDANT. DEFENDANT IN OPEN COURT, ,IN WRITING HAVING WAIVED THE READING tl F THE CHARGING. INSTRUMENT, THE APPEARANCE ,:CONFRONTATION, AND .CROSS-EXAMINATION, OF WITNESSES, AND AGREED THAT THE EVIDENCE MAY BE BY STIPULATION,' CONSENTED TO THE INTRODUCTION OF TESTIMONY ORALLY, BY 'JUDICIAL CONFESSION, BY ' AFFIDAVITS, WRITTEN STATEMENTS OF 'WITNESSES AND ANY OTHER DGCUMENIARY' SUCH WAIVER AND CONSENT HAVING BEEN AFPRCVED BY THE ; COURT IN WRITING AND FILED IN THE PAPERS OF THE CAUSE . AND THE COURT HAVING HEARD 'DEFENDANT'S WAIVER OF THE READING OF THE CHARGING INS1PUMENT,' AS SHOWN ,ABOVE, DEFENDANT'S PLEATHEREID, THE EVIDENCE SUB MITTE, D AND THE ARGUMENT O F COUNSEL, IS OF 'THE OPINION FROW.THE EVIDENCE 'SUBMITTED THAT THE EVIDENCE SUBSTANTIATES THE: DEFENDANT'S GUILT OF - THE OFFENSE SHOWN ABOVE AND THAT • THE OFFENSE WAS COMMITTEE., BY SAID DEFENDANT ON THE DATE SET FORTH ABOVE. THE COURT FURTHER MAKES' ITS ' FINDINGS AS TO DEADLY WEAPON', FAMILY VIOLENCE, BIAS PREJUDICE, AND • RESTITUTION OR REPARATION' i"-,S $ET FORTH ABOVE.. AND WHEN Et+IMN ABOVE THATTHERE WAS A PLEA BARGAIN AGREEMENT, THE DEFENDANT WAS INFORMED AS TO WHETHER THE COURT WOULD FOLLOW OR REJECT . SUCH AGREEMENT AND IF TIE LOjR7 REJECTED SUCH.AOREEMENT THE DEFENDANT WAS GIVEN AN OPPORTUNITY TO WIII-T.PAW HIS PLEA PRIOR TO ANY FINDING ON THE PCEPc.' . WHEN II IS SR .:MN ABOVE THAT RESTITUTION HAS BEEN 000ERED,..041 THE COURT DETERMINES THAT THE INCLUSION OF THE VICTIM'S NAME AND ADDRESS'.IN THE JUDGMENT IS NOT IN THE BEST 'INTEREST OF THE VICTIM, THE FL - ON OR AGENCY ' WHOSE ! NAME AND ADDRESS IS SET OUT IN THIS UUDGMENT WILL ACCEPT AND FOFWARD THE RESTITUTION PAYMENTS TO THE VICTIM. AND WHEN IT IS SHOWN B;ILOW THAT PAYMENT OF THE LIORHC OF LEG1AL SERVICS FPOVILED ro THE DEFENDANT IN THIS CAUSE HAS BEEN ORLEI,ED, THE :COURT Fl q D.S. THAT THE DEFENDANT HAG.THE FlNANC'IAL PETPURCES TO ENABLE THE'Ll7i-ENDANT TO OFFSET SAID 00111 N THE AMOUNT ORDERED-- THE COU:T BEING OF THE OPINION THAT , THE BEET INTERESTS OF E;OCIETY AND THE DEPENNT WILL EE SERVED . DY DEFERRING FURTHER FROCEEDIN olYPOUT: ENTERING AN ADJUDICATION OF GUILT; IT IS THEREFORE ORDERED, ADJUUGED AND DECREED BY THE COURT THAI THE DEFENDANT DE AND HEREBY IS PLACED ON COMMUNITY SUPERVISION FOR A PERIOD OF TINE AS SHDWN APOVE SUBJECT TO THE TERMS AND CONDITIONS .0V CD1M!JNITY SUPERVISION IMPOSED Bf L•rA AND BY THE COURT AND SERVED UPON THE DEFENDANT. IT IS FURTHER ORDERED THAI IRE DEFENDANT PAY THE FINE ASSESSED, II ANY, UNLESS PAYMENT OF THE FINE HAS DEEM PROBATED, AS SHOWN ABOVE, COURT COSTS, COSTS AND EXPENSES OF LEGAL SERVICES PROVIDED e y THE COURT APPOINTED ATTORNEY IN THIS CAUSE, IF ANY AND RESTITUTION OR REPARATION ASSET FORTH • HEREIN. • ' • • CONDITIONS CF COMMUNITY SUPERVISION ALL . ATIASHED HERETO AND ARE INCORPORATED FOR ALL PURPOSES AS A PART OF THIS JUDGMENT. FOLLOWING THE DIS P OSITION OF THIS CAUSE. THE DEFENDANT'S FINUERPRINT WAS IN OPEN COURT, -PLACED 'UPON A CERTIFICATE OF- : FINGERPRINT. 'SAID CERTIFICATE IS ATTACHELD J1ERETD (INC IS INCUR I' BY REREPENE AS PG,ST OF THIS , JUDGMENT. COURT COSTS IN: THE AMOUNT OF $126. S'EST 1 TUT ION IN THE AMOUNT OF .00 10 Ea FIU TO ■::'4 E1r3RESS:. REf NOT TO EXCEED $6.00 19/ut

CAUSE NO. isoeS STATE OF TEXAS RICT COURT VS OACUEL - jkAtbY 64101Tr LAS COUNTY, TEXAS

WAIVER FELONY PLEA OF GUILTY INDICTMENT / INFORMATION

Corn w the Defe dant with the consent and approval of Defendant's attorney and does in person, writing, and in open court h right t.,- .ry and requests the Court to consent to and appro this waiver.

Attor ey for fendant Comes now the undersigned attorney for the State and consents to and approves Defendant's waiver of jury.

" Assist=trict Attorney Dallas County, Texas Comes now the Court and hereby consents to and approves Defendant's waiver of jury in this cause.

ot applicable. ORDER CHANGING NAME OF DEFENDANT (IF APPIJCABLE) Comes now the Defendant and suggests to the Court that Defendant's true name is other than that set forth in the charging in- strument and requests that the charging instrument and all other papers in this cause be amended so that the Defendant's true name will hereinafter be shown to be:

Defendant

MOTION GRANTED. SO ORDERED. JUDGE

DEFENDANTS WAIVERS AND JUDICIAL CONFESSION Comes now the Defendant In open Court in the above entitled and numbered cause represented by Defendant's attorney with whom Defendant has previously consulted and makes the following voluntary statement: I. That I am the person named in the charging instrument in this cause. 2. That I am mentally competent and that !understand the charge contained in the charging instrument in this cause and enter my plea as set forth herein. 3. That I have been advised as to the consequences of a plea of guilty or nobo contendere including the minimum and maxi- mum punishment provided by law and that any recommendation of the prosecuting attorney as to the punishment is not binding on the Court. 4. That I understand that I have the right to a trial by a jury whether I plead "guilty', "not guilty" or 'nob contendere". 5. That! have the right to remain silent but if I choose not to remain, silent, anything , I may say can be used against me. 6. That I have the right to be confronted with the witnesses against me whether I have a trial before the Court or the jury. 7. That I have the right to be tried on an indictment returned by a grand jury. However, I desire to waive and do waive the following rights: 1. 1 waive the right to be prosecuted by a Grand Jury Indictment and announce my election and consent to be charged by an Information, where trial is not by Indictment. 2. I waive any defect, error or irregularity of form or substance in the charginginstrument. 3. I waive arraignment and the reading of the charging instrument. 4. I waive my right to remain silent and state that I will testify and make a judicial confession of my guilt knowing anything I may say can be used against me. 5. I waive in writing and in open court the appearance, confrontation and cross-examination of witnesses, and 1 further con- sent to an oral or written stipulation of the evidence and testimony and !agree to the introduction of testimony by affidavit, written statements of witnesses, a judicial confession and any ether documentary evidence. 6. I waive any additional time for arraignment or preparation for trial, and !waive the right to a 10 day waiting period for trial after the appointment of counsel (if counsel appointed) and announce ready for trial. CONDITIONS OF PROBATIO THE STATE OF TEXAS IN THE CRD4INA1 ISTRICT COURT NO.3 Vs. DALLAS COUNTY, TEXAS Z ellRAIE j‘tr;i00. elANNII 061- TERM 199 -1 0g0 CAUSE NO.1: 1 5 REGULAR PROBATION DEFERRED ADJUDICATION XY, •

SHOCK PROBATION 'STATE JAIL FELONY >Of

BOOT CAMP In accordance with the authority conferred by the Adult Probation and Parole Law of the State of Texas, you have been placed on probation on this date I - 3 - 415 for a period of years. It is the order of this Court that you comply with the following conditions of probation: (a) Commit no offense against the laws of this or any other State or the United States, and do not possess a firearm during the term of probation; (b) Avoid injurious or vicious habits, and do not use marijuana, narcotics, dangerous drugs, inhalants or prescription medication without first obtaining a prescription for said substances from a licensed physician; (c) Avoid persons or places of disreputable or harmful character and do not associate with individuals who commit offenses against the laws of this or any other State or the United States;

(d) Obey all the rules and tegulations of the probation department, and report to the Probation Officer as directed by the Judge or Probation Officer; to-wit: WEEKLY, MONTHLY, TWICE MONTHLY

(e) Permit • the Probation Officer to visit you at your home or elsewhere, and notify the Probation. Officer not less than twenty-four (24) • hours prior to any changes in your home or employment address; • (f) Work.faithfully at suitable employment as far as possible, and seek the assistance of the probation officer in your efforts to secure employment when unemployed;- (g) Remain within a specified place; to-wit:Dallas County, Texas, and do not travel outside Dallas County, Texas, without first having obtained written permission from the Court;. (h) Pay Court cost and fine, if one be assessed, in one or several sums to the District Clerk of Dallas County, Texas; (i) Support your dependents; (j) Pay a probation fee of $40.00 per month to the Probation Officer of this Court on or before the first day of each month hereafter during probation; PAGE 1 of 3 7. I waive the right to a pre-sentence investigation and report and request that none be made. If a pre-sentence report has been made, I agree that the Court might review it concerning punishment. 8. I further understand that where there is a plea bargain agreement and the punishment assessed by the Court does not ex- ceed the agreed recommendation, I do not have the right to appeal without permission of the Court, except for those matters raised by written motions filed and presented to the Court prior to trial. 0 Ig..niter a t and 1 d4 I judicially confess that I am the person named in the charging instrument and that I understand the charge contalne erein and I am GUILTY of the offense of THEFT OF PROPERTY OF THE VALUE OF OR MORE BUT LESS THAN S20,000.00 i1500 .00 .,-.1.-

exactly as alleged In the charging instrument including any amendments or modifications thereto and !confess that I did un- lawfully commit the said offense in Dallas County, Texas on tbe 2..-49w day of . 7-c/j/e. 10 Mg? i

OR I plead NOW CONTENDERE to the THE VALUE OF §1500.00 F PROPER $20,000.00 UT - ' ' 11.2: Se44 4'044 2: exactly as alleged charging ins meat Including any amendments or modifications thereto and understand and a that the Court can consider the evidence and stipulation of testimony in determining guilt; and I further state that my plea is made freely and voluntarily and is not influenced by any consideration of fear or any persuasion or any delusive hope of pardon, and I request the Court to consider probating any sentence imposed. I further understand that in the event that I am convicted; unless I . waive the right to.appeal or am precluded from appeal by acceptance of a plea bargain agreement that is followed by the Court,.asset out in paragraph 8 herein, I have the legal right of ap- peal and also the right to be represented on appeal by an attorney of my choice, or if I am indigent and unable to pay for such at- torney or the record on appeal the Court will, without expense to me, provide an attorney and a proper record on appeal. I agree that the Court may consider my judicial confession as evidence in this case. I understand that if! am not a citizen of the United States of America a plea of guilty or nob o contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the deniatof naturalization under Federal law. Having read all of the above waivers, consents, agreements and statements arid liming had them explained to me by my attor- ney, I now request the Court to accept them and I state that they are made voluntarily, knowingly, and int 'gently and I further stat t the statements contained in my judicial confession are true and correct.. This the 3 day of

e Witnessed óendnt ATTORNEY FOR DEFENDANT I have consulted with the Defendant concerning the plea in this case and I have advised the Defendant of the Defendant's rights and the charge to which the Defendant is pleading. I believe the Defendant to be competent and approve and agree to the waivers, agreements and statements that the Defendant has signed herein. I agree and consent to the waiver of indictment if prosecution by infOrmation, waiver of defects in charging instrument, agreement to stipulate testimony, waiver of additional time for arraignment or 10 days to prepare for trial, waiver of arraignment, waiver o and I ask the Court to accept said waivers and agreements and I announce ready for trial and enter Defendant's plea NOW ;7ERE be 11 t• ourt.

. 11 ejbd4e Attorney for Defendant

State Bar No. Otbref (00 ATTORNEY FOR STATE Before the entry of the Defendant's plea herein, the above requests, waivers, agreements and stipulations are hereby consented to and approved by me, the attorney representing the State. -1

2— _ Date Assistant D 1.! et Attome Dallas County, Texas State Bar No. JUDGE It clearly appearing to the Court that the Defendant is mentally competent and is represented by competent counsel and that said Defendant understands the nature of the charge against the Defendant and that the Defendant has been warned by the Court of the consequences of the plea entered herein including the minimum and maximum punishment provided bylaw, that the Defen- dant, attorney for Defendant and the attorney for the State consent to and approve the waiver of trial by jury and agreement to stipu- late the testimony in this case, the Court, therefore, finds such plea,:and all waivers, agreements, and consents contained herein to be freely and voluntarily made and accepts the Defendant's plea and approves the consent tb Stipulate testimony.

DEC 3 tqa Date . JUDGE THE STATE OF TEXAS --- CRIMINAL DISTR COURT NO.3 VS \itrinnof- A1/10/31144o DALLAS COUNTY, TEXAS g c CAUSE NUMBER P ii-lo ,co J 00 THE DEFENDANT WILL REPORT TO THE FRANK CROWLEY BUILDING, 133 NO. INDUSTRIAL BOULEVARD, 9TH FLOOR, DALLAS, TEXAS 75207 ON 12-I 9g 1998 AT W 00 A0 FOR A POST INTERVIEW. ( ) PAY A FINE AND/OR COURT COST IN THE AMOUNT OF $ THROUGH - THE PROBATION OFFICER OF THIS- COURT AT THE RATE OF $ PER MONTH. FIRST PAYMENT IS DUE ON/OR.BEFORE AND A LIKE PAYMENT IS DUE ON/OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER • UNTIL PAID IN FULL. ( .) EFFECTIVE THROUGH ', DO NOT OPERATE A MOTOR VEHICLE UNLESS IT IS EQUIPPED WITH A DEEP LUNG BREATH ANALYSIS MECHANISM APPROVED BY THE TEXAS DEPARTMENT OF PUBLIC SAFELY. ( L) DEFENDANT WILL PERFORM la° HOURS OF COMMUNITY SERVICE RESTITUTION ENROLL AND COMMENCE SAID CSR ON/OR 'BEFORE 1-/- , 1999 AND

BEFORE 1-51- 2000 , 1 . COMPLETE A MINIMUM OF 10 HOURS PER MONTH UNTIL COMPLETION OF CSR.ON/OR - PERFORM CSR HOURS AT AN APPROVED COMMUNITY SERVICE PROJECT DESIGNATED BY THE CSCD. A . PROCESSING FEE OF $50.00 PAYABLE TO THE VOLUNTEER CENTER WILL/WILL NOT BE REQUIRED FOR REFERRALS THROUGH THE VOLUNTEER CENTER. • (NI) MAKE RESTITUTION IN THE AMOUNT OF $ 1O00.00 FOR THE LOSS SUSTAINED BY THE INJURED PARTY. PAYMENTS ARE TO BE PAID - THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF $ 25%06 PER MONTH. FIRST PAYMENT IS DUE *ON OR BEFORE • 4 1 -1- 1 /4i AND A LIKE PAYMENT IS DUE ON/OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL. 6,43G,25 REIMBURSE DALLAS COUNTY, TEXAS, IN THE AMOUNT OF $ 1=MG322t „Inn() FOR THE SERVICES OF A COURT-APPOINTED ATTORNEY AND FINE AND/OR COURT COST. PAYMENTS ARE TO BE PAID THROUGH THE PROBATION OFFICER OF THIS COURT AT THE RATE OF $ q co 50- PER MONTH. FIRST PAYMENT IS DUE ON OR BEFORE ' 1-1-19 7 AND A LIKE PAYMENT IS DUE ON OR BEFORE THE FIRST DAY OF EACH MONTH THEREAFTER UNTIL PAID IN FULL. ( ) COMPLY WITH THE DIRECTIVES OF THE SPECIAL SUPERVISION UNIT CONDUCTED BY THE DALLAS COUNTY C.S.C.D. REMAIN IN SAID UNIT FOR NOT LESS THAN 180 DAYS.

( ) THE DEFENDANT WILL OBTAIN A GENERAL EQUIVALENCY DIPLOMA • (G.E.D.) COMMENCE ON OR BEFORE AND COMPLETE SAID G.E.D. ON OR BEFORE • ( ) THE DEFENDANT WILL SUBMIT TO URINALYSIS AT THE REQUEST OF A PROBATION OFFICER TO DETERMINE ILLICIT DRUG USE.

( ) THE DEFENDANT WILL HAVE NO CONTACT WITH THE COMPLAINANT DURING THE TERM OF PROBATION. PAGE 2 Of 3 THE STATE OF TEXAS CRIMINAL DISTRIk COURT NO.3 t VS . C IARYI •..\ (AA ok Hi 0(3 DALLAS COUNTY, TEXAS CAUSE NUMBER F'qg-150135.643

( ) SUBMIT TO A PERIOD OF DETENTION IN FOR A TERM OF DAYS, STARTING ( ) WITHIN FIFTEEN (15) OR FORTY-FIVE (45) DAYS, THE DEFENDANT SHALL SEEK THROUGH AN AGENCY APPROVED BY THIS COURT, WHICH OFFERS SAID SERVICES, SUCH AS . IF IS DEEMED NECESSARY, THE DEFENDANT SHALL ABIDE BY ANY AND ALL TREATMENT DIRECTIVES,COMPLY WITH THE RULES AND REGULATIONS OF THE APPROVED AGENCY, PAY ALL COSTS INCURRED FOR SUCH SERVICES AND CONTINUE IN SAID TREATMENT UNTIL RELEASED BY THIS COURT. ( ) COMPLETE A DRUG/ALCOHOL EDUCATION PROGRAM WITHIN 181 DAYS. (0) THE DEFENDANT WILL REPORT IMMEDIATELY AFTER THE POST SENTENCE INTERVIEW TO THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT COMPREHENSIVE ASSESSMENT AND TREATMENT SERVICES PROGRAM (C.A.T.S.); PARTICIPATE IN C.A.T.S. BY OBEYING ALL PROGRAM INSTRUCTION AND/OR TREATMENT FOR SUBSTANCE ABUSE OR MENTAL HEALTH; AND CONTINUE WITH SUCH ADHERENCE UNTIL RELEASE IS GRANTED BY THE PROGRAM OR THE COURT.

You are hereby advised that under the law of this State, the Court shall determine the terms and conditions of your probation, and may at any time during the period of probation, alter or modify the conditions of your probation. The Court also has the authority at any time during the period of probation to revoke your probation, or proceed to adjudication, for violation of any of the conditions of your probation set out above. Wit ignatures this Z e4 day of 1)£C 99 ? , t (__ c C012k4dedijr---- Probationer Judge ML# Probation Officer

PAGE 3 of 3 i-\ Cause No. 1508S eat" THE STATE OF TEXAS IN THE V. DISTRICT COUR DALLAS COUNT CAo-rJe pm BARGAIN AGREEMENT TO THE HONORABLE JUDGE OF SAID COURT: Comes now Defendant, Counsel for Defendant, and Counsel for State herein and would show that a plea bargain agreement has been entered into between the undersigned, and that under the terms of said agreement both side agree they will waive their right to a jury trial and agree to nd recommend the f llowing: Defendant will plead guilty nobo conte ere Defendant will testify will not testify confinement in Penitentiary for years. g — confinement in [State Jail] [SeanO y=064+ for (111=1 [years] fine $ r167) NO PROBATION / V PROBATION TO BE GRANTED FOR years subject to all the terms and conditions imposed by the trial court. Further, the judge, as provided by Article 42.12, Sec. 11 & 15 V.A.C.C.P., may at any time during the period of probation alter or modify the conditions. confinement in [State Jail] [County Jail] for days as a condition of Probation. supervised work or community service for hours as required by Article 42.12, Sec. 16 V.A.C.C.P. SHOCK PROBATION TO BE GRANTED days after sentence, subject to good behavior of defendant in the Penitentiary. participation in SPECIAL ALTERNATIVE INCARCERATION PROGRAM. Conviction to be as follows: Misdemeanor Non-conviction Deferred Nibt-4* tA1C.A.4 Probation g(prp), Restitution No credit for back time served Defendant's back time date is: Additiol: al provisions of the agreement are: CI F;194/4.Aol p(40 i Cf 6l411240 -WiWirov6

The undersigned certify they have read the terms of the abov agreement and that it fully contains all the ovisions of said agreement. JOHN VANCE DISTRICT ATTORNEY DALLAS COUNTY, TEXAS By Assis nt D str ct Attorney oun endant If a victim impact statement has been returned to the State, a copy of said statement shall be turned over to the Court by the State's attorney prior to the Court's acceptance of this plea. Rev. 6/95 eittpria■raldea N.. Cc( —

THE STATE OF TEXAS IN THE VS. DISTRICT COURT -4 , 7 OF (244,4 DALLAS COUNTY, TEXAS

FINDINGS, CONCLUSIONS AND RECOMMENDATIONSOF MAGISTRATE ORIGINAL PLEA The above styled and numbered cause having been duly and legally referred to a magistrate for a hearing on a'negotiated-plea of guilty, ndlo contenders or true, the following findings, conclusions and recommendations are hereby made- by the magistrate for consideration by the District Judge: FINDINGS:

ON THE 73r7"A" DAY OF 11.42c_e_16...-126,r CillP • X Defendant appeared in open court with. his/her attorney, the Honorable

1\364Z.Na Defendant in open court and in writing, and with the consent and approval of his/her attorney, waived his/her right to prosecution by indictment and agreed to be tried on an affidavit and information. X Defendant waived his/her right to trial by jury in person and in writing in open court, with the consent of the attorney for the State and approval. , of the Magistrate. ' X Defendant in open court and in writing waived the reading of the charging instrument, the appearance, confrontation and cross-examination of witnesses, and agreed that evidence may be stipulated, and consented to the introduction of testimony orally, by judicial confession, by affidavits, written statements of witnesses and any other documentary evidence. Such walyer :and consent was approved by the Magistrate and filed with the papersof`fhis' cause. Defendant was duly admonished of the consequences of entering his/her plea and as to the range Of pufifilimea invdped herein. L. X. Defendant pleaded guiltykial.a-co.n.tentieve/ e rue to the offense of:: g g $1500.00 ni rrOF PROPflitTY OF THE wou R OF OR MORE BUT LfSS THAN $20,000.00A6t,c§/Piatirisi .

X Defendant was admonished according to Art,' 26.13 of the Code of Criminal, Procedure. (Non-Citizen)

THE EVIDENCE PROVES BEYOND A REASONABLE DOUBT AND THE MAGISTRATE FURTHER FINDS:

X Defendant is mentally competent. X The judicial confession/stipulation admitted herein is sufficient in law to prove a prima facie case. Defendant used or exhibited a deadly weapon, to-wit: during the commission of or during immediate flight from the offense. X The offense was committed on the day of -atmes...... , The enhancement paragraph(s) alleged in the charging instrument are true.

X Defendant found to have committed the offense as charged in the charging instrument. Defendant found to have committed an offense other than that charged in the charging instrument, to-wit: CONCLUSIONS:

X Defendant entered his/her plea freely and voluntarily.

A Defendant was not coerced or unlawfully pursuaded to enter his/her plea.

X The plea bargain agreement should be followed.

Defendant, after being given a copy of the terms and conditions of probation, understood those terms and conditions.

RECOMMENDATIONS:

Defendant be found not guilty.

Defendant be found guilty of the offense of

The finding of guilt and further adjudisption be deferred and Defendant be placed on probation for a term of years.

A fine of (700 AS A CONDITION OF PROBATION. be assessed. STATE/COUNT? . Defendant be assessed confinement in the Dallas County Jail tor a period-of days.

Defendant be assessed imprisonment in the Texas Department of Corrections for years.

of Probation be granted for a period

7- 7b 3 ccg byears.' Restitution: to be viat'eTraIne-dkvf $6Z 00. ° be ordered.

Court costs be assessed.

Grant Defendant's (waiver of 10 days to prepare) (w (waiver of delay or arraignment).

Enhancement paragraph(s) are true.

A deadly weapon was used or exhibited.

ADDITIONAL RECOMMENDATIONS:

1998 SIGNED THIS TIAX,OF , 19

MAGISTRATE

ORDER ADOPTING ACTIONS OF MAGISTRATE

BE IT KNOWN that the Court has reviewed the actions taken by the Magistrate sitting for this Court in the above numbered and styled cause, which include all findings, conclusions and recommendations contained in this document; all orders contained on the docket sheet in this cause and within the papers filed in this cause; as well as any exhibits introduced into evidence in this cause.

IT IS HEREBY ORDERED AND DE ED that the Court specifically adopts and ratifies the actions taken by Magistrate on behalf of this Court in compliance with Subchapter D of o e exas Government Code and i further GRANTS DENIES probation to Defendant.

SIGNED THIS THE

District Court Dallas County, Texas ,rm No. r ig - )5DWGris. • DIS nri TEXAS V, IN THE COURT OF DALLAS COUNTY,

COURT'S ADMONITION OF STATUTORY AND CONSTITU RIGHTS AND DEFENDANT'S ACKNOWLEDGEIVIEEN

The Court hereby admonishes you of the following Statutory and Constitutional Rights prior your entry of a pl nob o contendere in this case pursuant to Article 26.13 of the Texas Code of Criminal Procedure and the Constitutions of Texas and the United States of America: - 7 iscob—rt<4090 1. Y°311116CPW/gaihifi-iime■Fof 15_0(00 OR MORE BUT LESS THAN $20,000.00 r'94264-ecrr and the range of punishment is .4A-44 Co TATE JAIL FOR 180 DAYS TO 2 YEARS, Defendant admonishMs001 liOjta WM114110,000. • 2. Any recommendation as to what your punishment should be by the prosecuting attorney is not binding on the Court. I will follow the plea bargain agreement in this case, if there is one, unless evidence is presented that makes me unable to do so and, if so, I will tell you and allow you to withdraw your plea.

3. If judgment is rendered in this case- and the punishment assessed does not exceed the punishment recommended by the prosecutor . and agreed to by you and your attorney, in order to prosecute an appeal for a non-jurisdictional defect or error that occurred prior to the entry of the, plea, the Notice of Appeal shall state that the trial court granted permission tp appeal or shall specify that those matters were raised by written motion ancptuled on before trial.

4. If you are not 'a s,Itizetrot the United States of America; a plea of guilty tor liolo contendere before me for the- offense charged may result in your deportation, the exclusion from admission to this country, or a denial of naturalization under Federal Law.

5. If you have a court-appointed attorney, you have a right to have ten (10) days from the:, date your attorney was appointed to prepare for trial. You have a right to have two (2) entire days after being served a copy of the charging instrument to be arraigned unless you are on bond. You have a, right to be tried on an indictment returned by grand jury.

6. If you receive deferred adjudication and a violation of probation occurs, you may be arrested, detained, and a hearing conducted, limited to the determination of whetherithe court should proceed to adjudication of guilt on the original charge or not. No appeal may be taken from this determination. If there is an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of probation, and your right to appeal continue as if the adjudication of guilt had not been deferred. If there is an adjudication of guilt, the full range of punishment would be applicable to your case. . 0Xsarai:4 JUDGECIri NG ACKNOWLEDGMENT

I have read the above and foregoing admonitions by the Court regarding my rights. I understand the admonitions, and I understand and am aware of the consequences of my plea. Furthermore, my lawyer has explained to me all of the admonitions given by the Court in this document.

igned this 3 day of Da-- , 19 `/V .

COUNSEL Fe R DEFENDANT DEFENDANT NocAi A-, CselL4- PRINTED NAME OF COUNSEL PRINTED NAME OF DEFENDANT BAR CARD NO. OnVICOZ:1 5-19-94 RAm188111 lee DEFENDANT HAIMINS„. CHARLIE "NyiloR BM 042259 '—`IARGE THEFT A66 1,500 MA: ADDRESS 1306 VOODLAVW AVE, DALLAS, TX 80H1) - LOCATION FILING AGENCY TX0570200 DATE FILED 'fur.* 25 ' 1998 COURT - COMPLAINANT FLORE$,i 141611i _ L F-9815085

...C/c DAMON BLACKRALL

THE STATE OF TEXAS Jc IEkt-v CAUSE NO - I Pa5- VS. 01A eAA:14/1 DISTRICT COUR14-3

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 consti- tutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate hat these facts are us and correct and co stitute the evidence in this case:

On the day of 19 7 in Dallas County, Texas, I did unlawfully,

unlawfully, knowingly and intentionally appropriate property, namely: exercise control over property, other than real property, to-wit: one (1) cassette player, one (1) sow, one (1) cellular telephone, one (1) power shear, one (1) drill, three (3) disc grinders and two (2) extension cords, of the value of at least $1,500.00 but less than 620,000.00, without the effective consent of MIGUEL FLORES, the owner of the said property, with the intent to deprive the said owner of the said property,

And further did knowingly and intentionally appropriate property, namely: exercise control over property, other then real property, to-wit: two (2) drills, three (3) saws, one (1) cassette player and one (1) grinder, of the value of at least $500.00 but less than $1,500.00, without the effective consent of ALVARO BECERRA, the owner of the said property, with the intent to deprive the said owner of the said property, y And defendant did appropriate all the above described propert pursuant to one scheme and continuing course of conduct, and the aggregate .7lue of said appropriated property is at least $1,500.00 but less then _620,94M)

E trE tec $ - BILL coon war- a

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

3 SWORN TO AND SUBSCRIBED before me on the day of OEC INS 19

BILL LONG, CLERK DISTRICT COURTS OF DAL CO NTY, TEXAS

By /h /4/4, 240 Deputy District Clerk

Defendant's agreement to stipulate and waiver of confrontation and cross-examination of witnesses are in all things approved by the Court The above Judicial Confession is hereby approved by the Court. likigvarA PREIMING JUDGE 'J UDICIAL CONFESSION • THE STATE OF TEXAS CAUSE NO. fl(f " I SWS . -

VS. X

DALLAS COUNTY, TE

REQUEST FOR REFERRAL TO MAGISTRATE

Comes now defendant in the above cause, with his undersigned counsel, and would show that he, his counsel, and the attorney for the State have entered into a plea bargain in this cause, and defendant hereby waives his rights to have this cause heard on his plea by a District Judge, and requests that this cause be referred to a Criminal District Magistrate of Dallas County, Texas, by the said District Judge, so that defendant might enter his plea herein before said Magistrate and receive the punishment and results contemplated b the plea bargain agreement of the parties. .

Coun el for Defendant Defendant

NOW COMES John Vance, Criminal District Attorney of Dallas County, Texas, who consents to and approves of the referral of this cause by the District Judge to a Criminal District Magistrate of Dallas County, Texas, so that defendant might enter his plea herein in pursuance of the plea bargain agreement entered into between the parties.

JOHN VANCE DISTRICT ATTORNEY DALLAS OUNTY, TEXAS

By: kipiVL4A0 P1414-441.-■...

ORDER OF REFERRAL

The above and foregoing waiver, consent, and request for referral to a Magistrate having been presented to me, same is hereby in all things approved. This cause is hereby referred to a Criminal District Magistrate of Dallas County. Texas, for the purposes of defendant entering his plea in accordance with the plea bargain agreement entered into by and between the defendant, counsel for defendant and counsel for state in this case.

SIGNED AND ENTERED this day of we 3 MR . 19

I hereby find that nd 'vo untarily waived his right to defendant herein, has freely and have this case heard by a District Judge of Dallas County.

1"1"1111"1"1. M0ISTRATE

/87 - PLEA BARGAIN IN THE Gbc... 41-3 DISTRICT COURT DALLAS COUNTY, TEXAS

THE STATE OF TEXAS CAUSE NO.(S) VS. CAN0.11 NO. tA Fi't - 1 STIVS

The Defendant in this cause is charged with the oqense of Abir 1 O0 - 213 aw degree felony. The possible punishment for this

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 12-- 3 - r at _too_opm for the purpose of: Years TDC Days in Dallas County Jail

2 Years Probated for 3 Years.

$ "1 00 Fine 4- 4(.0e rki The appearance of the Defendant at the next setting

(IS) waived.

Anal:slam DIstes Anomey lor Dere D endant

p , 61:) W2 -4,74_ 1W- 4/1-c, hone Number

State (IS / IS NOT) found to have, in fact, been ready this date

MOAN Judge

Dale IN THE Ck43 DISTRICT COURT DALLAS COUNTY, TEXAS

\--1F-t5a5 CASE INFORMATION

The Defendant in this cause is charged with the offense of --r-L..44 Iso. - Lc? on--.0 _.degree felony. The possible punishment for this

On a plea of Guilty, the District Attorney will Case passed by agreement to: recommend the following: 11 — '26 18 at

for the purpose of: Years TDC Days in Dallas /41113/1 County Jail

for Days. 400•• which will be the setting of this case.

Fine r1-2k1 The appearance of the Defendant at the next setting

(IS)/ (IS NOT) waived. C.6 — • I

A4Wil■ Istant MauIcl Mornay

(tC3- (49---- e(hylef,i-

Slate (IS / IS NOT) found to have, in fact, been ready this date

D1011t1 Judge , .' • 7 , ." Pnlins County . . Scree ,

N OM. AA. ()At Er Of Birth:

Identification Number Completed B W. -

Was inmate a medical, mental health, or suicide nsk 'during any o copied or confinement with the Department? Yes No If Yes, when? Unknown

• Does arresting or transporting Officer believe that the inmate is a medical, mental heilth or suicide risk? Yes' No Unknown

. A. Questionnaire FOC- Hetet 'nee B. Observation Questions '. Have You ever receWed MH/vIR services or ether ineMal health services? If yes, what services? t, I ,

Do you knovi. -where you are? • Mies the individual seem unusually confused or preoccupied? ' season is this? poop . theindividual talk veFY rapidly or Seem to be iii an unu.sdalty good mood? Dees the individual cleini to he SeeneoPeelse .. Yes' like a . famouspersen or a fiPtidnifignier ' 5. (a) . " Soinetimea people tell me they hear voices that other people don't seem to hear. What shout you?

(b) If yes, ask for an explanation: "what do you hear?

': C.Siiicide ted ' tiotti 1 Oh Boar - ' 11. , }hive.yeneVei ittempted sii4e oi 14: kOn, drugs ot *inking; litve you .. ' . 60.1/1/02 2 r for dii5.*Oout. steep or had a long If yes..Whest71 ' f ' ' . • bA . ci in PutilifeWlien'•You felt yeti h ? W i' -."' ffirriglienr.jr.:11trilf , endletic 'tit, Orbited? ' Howl . 637..frWil iiiiPIP Maiirdr■imi i

12. Ate y thinking about killinginnrself today? .. ye you e4erienced a recent loss otdesili of - ainkineulret Or friend or are yei,Weitied lit major problems other than your legal ,

13. (a) Have you rvei4censo down that you couldn't 16. 4-001,140.'s!.111 0derneli' de anything famete than a week?' titeire Irelpie* or hopeless? af ne, go to 14),

2, Do 3jou feekihx —k*OiloW1-

COMMENTS 1. * A AKA° inappropriate rsspoge, Except as spproIrmat7 in A3, mnduateAfl l evaluation HeanItServices 0 0 suicide Precautions Signed PiSilOsiTiOD: No Inio. .kinnno,n Needed Rialto To Plyelnan*Settaes , WHITE ORIGINAL - INTAKE' CANAIfY COPY - MAGISTRA PINICCOPY - MEDICAL' ' GOLDENROD COPY I

Jae FOAM 188-B - DEFENDANT MANNING, CHARLIEr NIOR BM 042259 CHEFT AGO 1,500 'AKA: (%IsIARGE ADDRESS 1306 WOODLAWN AVE, DALLAS, TX BOND LOCAllON FILING AGENCY TX0570200 June 25, 1998 DATE FILED COURT COMPLAINANT FLORES, NIGUEL F-9815085

c/c DARRON BLACKMAIL

TRUE BILL OF INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County, LY 98 State of Texas, duly organized at the Term, A.D. 19 of the 204TH JUDICIAL District Court Dallas County, in said court at said Term, do present that one MANNING, CHARLIE JUNIOR , defendant,

on or about the .22ND JUNE 98 day of A.D. 19 in the County of Dallas and said State, dld

unlawfully, knowingly and intentionally appropriate property, namely: exercise control over property, other than real property, to-wit: one (1) cassette player, one (1) saw, one (1) cellular telephone, one (1) power shear, one (1) drill, three (3) disc grinders and two (2) extension cords, of the value of at least $1,500.00 but less than $20,000.00, without the effective consent of NIGUEL FLORES, the owner of the said property, with the intent to deprive the said owner of the said property,

And further did knowingly and intentionally appropriate property, namely: exercise control over property, other than real property, to-wit: two (2) drills, three (3) saws, one (1) cassette player and one (1) grinder, of the value of at least $500.00 but less than $1,500.00, without the effective consent of ALVARO BECERRA, the owner of the said property, with the intent to deprive the said owner of the said property,

And defendant did appropriate all the above described property pursuant to one scheme and continuing course of conduct, and the aggregate value of said appropriated property is at least $1,500.00 but less than $20,000.00,

against ttwiromfectdignity of the State. t-NA A '. A AAA. n THE STATE OF TEXAS WARRANT # F9815085 COUNTY OF DALLAS AFFIDAVIT FOR ARREST WARRANT OR CAPIAS BEFORE ME, the undersigned authority, on this day personally appeared the undersigned affiant who, after being duly sworn by me, on oath stated: My name is - W- I -OLA._pf L . S N , and I am a peace officer of the City of Balch Springs, Dallas County, Texas. I have good reason to believe and do believe that on or about the 22ND. day of JU14E,1998, one MANNING, CHARLIE JUNIOR A BLACK MALE, 042259, did then and there in the City of Balch Springs, Dallas County, Texas, commit the offense of THEFT MIT $1,500. BUT LESS THAN $20,000 which is a violation of section 31.03 of the Texas Penal Code, STATE JAIL FELONY. My belief is based upon the following facts and information: SGT. J. SPURGER #297 , Investigator, Balch Springs Police Department who participated in the investigation of the alleged offense, furnished to me, the Affiant, on MANNING, CHARLIE JUNIOR , the following information: ON 06-22-98 AT APPROXIMATELY 0618 HOURS, OFFICER C.MEEHAN #350 AND SERGEANT J.SPURGER #297, WERE DISPATCHED TO A VEHICLE BURGLARY THAT HAD JUST OCCURRED AT THE QUAIL VILLAGE APARTMENTS, LOCATED AT 12223 QUAIL DRIVE, IN BALCH SPRINGS, DALLAS COUNTY, TEXAS. TWO WITNESSES AT THE QUAIL VILLAGE APARTMENTS, SHANE STEEDMAN W/M 01-07-73, AND RHONDA REITES W/F 06-29-77, RELAYED INFORMATION TO THE BALCH SPRINGS COMMUNICATIONS OPERATOR WHILE THE OFFICERS WERE IN ROUTE. UPON ARRIVAL OFFICER MEEHAN MET WITH THE WITNESSES, AND A COMPLAINANT MIGUEL FLORES W/M 10-31-67. THE WITNESSES DESCRIBED THE SUSPECT VEHICLE AS A BLUE OR SILVER NISSAN MAXIMA OCCUPIED BY TWO BLACK MALES. THE WITNESSES STATED THAT THEY OBSERVED ONE OF THE SUSPECTS BREAK A WINDOW ON A WHITE VAN, REMOVE TOOLS FROM THE VAN, AND PUT THE TOOLS IN SUSPECT THE VEHICLE. THE SUSPECT VEHICLE THEN FLED EAST ON QUAIL DRIVE, AND TURNED SOUTH ON GLENSHIRE. OFFICER J.GLOVER #198 WENT TO THE AREA OF SOUTH BOUND IH635 AT SEAGOVILLE ROAD TO WATCH FOR THE SUSPECT VEHICLE. OFFICER GLOVER WAITED ONLY A COUPLE OF MINUTES BEFORE HE OBSERVED A VEHICLE THAT MATCHED THE DESCRIPTION OF THE SUSPECTS. THE SUSPECT VEHICLE EXITED IH635 AND WENT WEST ON HWY 175. OFFICER GLOVER PULLED ALONG SIDE OF THE SUSPECT VEHICLE AND OBSERVED THAT THE BACK SEAT WAS FILLED WITH TOOLS. OFFICER GLOVER STOPPED THE SUSPECT VEHICLE IN THE 9600 BLOCK OF HWY 175. THE SUSPECT VEHICLE WAS IN FACT A LIGHT BLUE 1992 NISSAN MAXIMA, BEARING TEXAS LICENSE PLATE #XCY69Z. SERGEANT SPURGER RESPONDED TO OFFICER GLOVER'S LOCATION FOR ASSISTANCE. THE DRIVER IDENTIFIED HIMSELF AS MANNING,CHARLIE JUNIOR B/M 04-22-59, AND THE PASSENGER IDENTIFIED HIMSELF AS BLACKNALL,DARRON DARELL B/M 11-11-70. THE SUSPECTS WERE DETAINED WHILE OFFICER MEEHAN BROUGHT THE WITNESSES TO THE LOCATION. BOTH WITNESSES POSITIVELY IDENTIFIED BLACKNALL AS THE PERSON THAT THEY OBSERVED BREAKING AND ENTERING THE WHITE VAN. THE WITNESSES ALSO POSITIVELY IDENTIFIED MANNING AS THE DRIVER OF SUSPECT VEHICLE. A COMPUTER CHECK OF THE VEHICLE REVEALED THAT IT IS REGISTERED TO. CHARLIE MANNING. SERGEANT SPURGER TOOK POLAROID PICTURES OF THE VEHICLE AND THE PROPERTY BEFORE ANY OF THE ITEMS WERE REMOVED. CHARLIE MANNING AND DARRON BLACKNALL WERE BOTH PLACED UNDER ARREST, AND THE VEHICLE WAS IMPOUNDED. MIGUEL FLORES FILED AN OFFENSE REPORT, SERVICE #98-0022552A, WITH THE BALCH SPRINGS POLICE. MR.FLORES' VEHICLE IS A WHITE 1990 FORD VAN, BEARING TEXAS LICENSE #93531-IL. COMPLAINANT/FLORES LISTED THE FOLLOWING ITEMS AS STOLEN: 1- MILWAUKEE HAMMER DRILL SER#897A797281540 VALUED AT $150, 1-MAKITA DISC GRINDER SER#2015377E VALUED AT $130, 1-MAKITA DISC GRINDER SER#2022933E VALUED AT $130, 1-SNAPPER LITE POWER SHEAR SER#9749E VALUED AT $300, 1-SONY AM/FM CASSETTE JAMBOX VALUED AT $20, 1- ORANGE EXTENSION CORD VALUED AT $20, 1-YELLOW EXTENSION CORD VALUED AT $20, 1-MOTOROLA CELL PHONE SER#1796UNJ387Y VALUED AT $300, 1-CRANE SUPER SAW ("MIGUEL FLORES" ENGRAVED ON CASING) VALUED AT $300, 1-MAKITA DISC GRINDER SER#1989723E VALUED AT $130, AND A TOOL BOX CONTAINING MISCELLANEOUS HAND TOOLS VALUED AT $60. MIGUEL FLORES CAME TO THE BALCH SPRINGS POLICE DEPARTMENT AND POSITIVELY IDENTIFIED HIS PROPERTY WHICH WAS AMONG THE PROPERTY REMOVED FROM MANNING'S VEHICLE. MR.FLORES' PROPERTY WAS PHOTOGRAPHED AND RELEASED TO HIM. THE TOTAL AMOUNT OF PROPERTY STOLEN/RECOVERED IN THE BURGLARY OF MR.FLORES I VEHICLE IS $1,560. DURING THE COURSE OF THE INVESTIGATION IT WAS DISCOVERED THAT TWO OTHER VEHICLE BURGLARIES OCCURRED DURING THE SAME TIME PERIOD, AND IN THE SAME AREA OF COMPLAINANT/FLORES. ALVARO BECERRA W/M 08-28-48 FILED OFFENSE REPORT (SERVICE #98- 0022552B) FOR THE BURGLARY OF HIS 1989 CHEVROLET VAN, BEARING TEXAS LICENSE #WH6304. COMPLAINANT/BECERRAIS VEHICLE WAS ALSO PARKED AT THE QUAIL VILLAGE APARTMENTS LOCATED 12223 QUAIL DRIVE, AT THE TIME OF OFFENSE. COMPLAINANT/BECERRA LISTED THE FOLLOWING PROPERTY AS STOLEN: 1-DEWALT DRILL SER#85965 VALUED AT $180, 1- CRANE CIRCULAR SAW VALUED AT $280, 1-CRANE CIRCULAR SAW VALUED AT $280, 1-DEWALT DRILL SER#1144 VALUED AT $180, 1-NEWTECH AM/FM DUAL CASSETTE JAMBOX SER#704053952 VALUED AT $70, 1-MAKITA GRINDER SER#2015468 VALUED AT $130, AND 1-CRANE CIRCULAR SAW VALUED AT $280. THE TOTAL AMOUNT OF PROPERTY STOLEN/RECOVERED IN THE BURGLARY OF MR.BECERRA I S VEHICLE IS $1,400. MR.BECERRA POSITIVELY IDENTIFIED HIS PROPERTY FROM THE ITEMS REMOVED FROM CHARLIE MARKINGS VEHICLE. MR.BECERRA I S PROPERTY WAS PHOTOGRAPHED AND RELEASED TO HIM. A THIRD OFFENSE, SERVICE #98-0022552C, WAS REPORTED BY ROY L.MARTIN W/M 02-26-58, AN EMPLOYEE OF IONICS AHLFINKER WATER COMPANY. MR .MARTIN REPORTED THAT DURING THE SAME TIME PERIOD HIS VEHICLE WAS PARKED AT THE QUAIL BROOK TOWN HOMES, LOCATED AT 3301 GLENSHIRE, WHICH IS DIRECTLY ACROSS THE ROAD FROM THE QUAIL VILLAGE APARTMENTS. MR.MARTIN SAID THAT THE FOLLOWING ITEMS WERE REMOVED FROM HIS 1989 FORD PICKUP, BEARING TEXAS LICENSE #ES4596, WITHOUT CONSENT: 6-RACE TEST KITS VALUED AT $150, 1-GREY TOOL BOX WITH ASSORTED TOOLS VALUED AT $150, 1-TOOL BELT WITH ASSORTED. TOOLS VALUED AT $150, 1-CHECK BOOK (REGISTER ONLY) VALUED AT $5, AND 1-ELECTRONIC CURRENT METER VALUED AT $100. MR.MARTIN CAME TO THE BALCH SPRINGS POLICE DEPARTMENT AND POSITIVELY IDENTIFIED THE FOLLOWING PROPERTY FROM THE ITEMS RECOVERED FROM CHARLIE MANNING'S VEHICLE: 6-WATER TEST KITS VALUED AT $150, 2-MYRON EP METERS VALUED AT $150, 1-SKIL CORDLESS DRILL VALUED AT $100, 1-SEAL KIT VALUED AT $20, 1-TOOL BELT WITH ASSORTED TOOLS VALUED AT $150, 1-TOOL KIT WITH TOOLS VALUED AT $100, 1-BOTTLE OF STP BREAK FLUID VALUED AT $2. THE TOTAL AMOUNT RECOVERED IN THE BURGLARY OF MR.MARTIN'S VEHICLE IS $672, AND THE ITEMS WERE PHOTOGRAPHED AND RETURNED. DURING THE INVESTIGATION IT WAS DISCOVERED THAT THE METHOD OF ENTRY WAS CONSISTENT ON ALL THREE OFFENSES. EACH OF THE COMPLAINANT'S VEHICLES HAD BROKEN WINDOWS. I believe this information furnished by a fellow Peace Officer is credible. WHEREFORE, AFFIANT request that an arrest or capias be issued for the aboye accused individual (s) in accordance with the law.

Ai.FIANT SUBS IBED AND SWORN TO BEFORE ME on this the day of , 19

6...,44A- &AL-, 0 ARY, IN AND FOR DALLAS COUNTY, TEXAS SANDRA CERDA ' A MT cobwasioN EMS MY COMMISSION EXPIRES 7 October 31. 2000 (AVOD

MAGISTRATE'S DETERMINATION OF PROBABLE CAUSE „ %4# On this the r o day of ju4Je ,19 the undersigned Magistrate hereby acknowledges that he has examined the above affidavit and has determined that probableogamsg i7 for the issuance of arrest warrant for $41e0Intltill4ual ....... (s) accused herein. I 'es •

%

Aid - 7011-/ MAGISRATE. IN01p S COUNTY, TEXAS (X) FELONY ARREST AFFIDAVIT ( ) MISDEMEANOR ARREST AFTER

F ia€A//401. S\-2A5 NORM .0,2/ Reporter cip_w F809279 10-' —31"-'— Atty. for Defendant A-Eno THE STATE OF TEXAS, VS. .. '

M Wetting Judge Appellant Attorney ALVII ERVIN. DEGRAFTENREED (appointed/retained) RL A/ 1 I ,SOM; ,. ;, /4■ 1DEGREE • FELONY, AS CHARGED IN Date MEMORANDUM OF PAPERS FILED 1111 111 )- 1. OFFENSE THE INDICTMENT , • ,•• • 1— Z 1 9-i- a///01 (.0 IL re L.) 0 1.1.I i 0 L D OCT I Ul 2 0 3 1995 , .. PROB VIOL MTN FI -WARRT ISMS, < 0 1 . l 5 IL > INDICTMENT FILEIY CT J990 ApR 22 riia,4-0;41, o A )0y / te. I i•-• 0 In Ne 30.4 !LI 0 . cc 2 < L,1 j i 6 Copy of indictment served on Defendant Certified copy of indictment delivered to the Sheriff to be served on Defendant 4 li°° 0. 24 50 3(4) 1 4' in County Jail on Pate in the CountyJail on Date 1 5 01 0- 1 C0 6 *.ki)) - P (4ircr■ a a a tAyarnn- '1%. E0 E .., '-0 01,0 0 5 4/t ti ri Amentled PaolAwik.Trectinz,04, C c c 0 E CO I - CI - c) 0 Judgment Rendered 19 N g oG S - ,,,_ 9- 0. 94L,5-e, 7 JUN 3 - $Zinwce 1'1 R Fxmlfes\it( 10 (31 Ny Fcaii. lj u, z cS / 0 9- 0 DEC — 0 1999 PROB VIOL MTN W/DRAWN-DEFT CONT ON PROB La cp = cc c, LL Book i 1 SI Page 1- u.-1 zi. 19 9 Lin eel gedi ,146,619 kr al Rci. gocr Sentenced 1 ° RR. 4 issA 4/ (thcbi 3revit CREDIT FOR TIME SERVED. VEIT21.11122.211-. BY 11 V' ff-aq fe-kaira BEGINNING ON DATE OF: 12 Attorney 13 Address 14 Received Copy of indictment on DA. 15 Folder No. of CAUSE NO. F90-34163-1, . ML# C.35894

THE STATE OF TEXAS IN 'THE CRIMINAL .) vs. DISTRICT COURT #5 ALVIN KEITH DEGRAFTENREED ). DALLAS COUNTY, TEXAS

ORDER GRANTING DISCHARGE FROM COMMUNITY SUPERVISION

This day came to be heard the matter of determining whether. conviction and placing the defendant on community supervision heretofore entered in this cause should be set aside and defendant discharged from community supervision, and the Court after hearing evidence submitted and it appearing from said evidence that the defendant waS charged by information or indictment in this cause for the felony offense of ARSON 2ND DEGREE and on the 22ND day of APRIL , 1999 was convicted, therefore the imposition of sentence was suspended.and the defendant placed on community supervision for a period of 3 years; It further appearing to the satisfaction of the Court that all conditions of community supervision have been satisfactorily fulfilled and that the period of community supervision has expired; IT IS THEREFORE ORDERED that the period of supervision is terminated, and the defendant is discharged from community supervision. SIGNED this 4TH day of APRIL ; 20Q.

:13W 11. -14 JUDGE ‘7 eet/ss e:Pflazteid,' CRIMINAL DISTRICT/COURT # 5 DALLAS COUNTY, TEXAS

oRD-REL/CT-FoRHS (03/97) P9034263L • '

I. THE STATE OF TEXAS . CRIMINAL DISTRICT pun VS. DALLAS. COUNTY, TEXAS g . ,. BLIE111_13122pra gw -, Aran. TERN:•1999.

:• NOTION TO REVOKE . : PROBATION '• • • CONES NOW the State of Texas by and throngn-her Criminal -District. Attorney and would show : the:'•COurt7ther..follOwing:. • ;':; • , l••••••f : • •• • That maisuRtazajafigiunagigmbL.;:Defendant - .. ;.. . 1.Was . duty and legally. -Convicted in the above entitled'and nuMbered;c ause in Crimina l Court No 5. • of Dallas county, !texas,. On the 22ND day of 'APRI.L•••:;,•-:•"'". 1996,:Of the offense of , • • • r ' •' " ARSON, AS CHARGED IN THE xmIcniaNT . • and placed on probation for a period of 3 years. That Defendant has ` violated- the following conditions a. 4. e. 1. n of said'probation in that

PLEASE SEE ATTACHED PAGE 2. „ • during This violation-offense occurred aftermaril 22; . ` , 1996 and term of probation.

. WHEREFORE the State pr .Eiiis .,that ftaid.::Defehda4i be :appeit: before this Honorable : Court!'and show cause whythe probation should not :revoked, and that upon a - final - .:: hearing, t44,iirafation•-. heretofore ' grant said Defendant be reVciked. - •• ' • ' This the 19th . day . of 13. .. , D 19 JOHN •vAiicp cr) › - ttokriey aa = Dallas ty Texas. 11- , BY: 4o— c, i Assistant Dietric Attorney f tjt-Saotion was delivered to the Defendant on the .day-o J -1 A < • // probatiOn fftcer I. received a copy of . this motion on th day:nf A:W. 2999 ,

kti.# C 35894 Defendant ) akyru g Hrvn USGRAFTENRRID . did: violate. condition ( bY.Yiolatin . .

laws of the State of Texas : in that on -orHabontOctober '21' 1997,-'. Dallas County. Texas he did unlawfully, thei*'-and'there,.knoWingW, intentionally On more than one occasion:and,:-.Purstfant to the same scheme and course of conduct directed:- specifically at another pe•rs namely: : PAM JOHNSON, engage in . COridUct .. thatl defendant' knew and' . reasonably believed that said person wouldregard as threatening 'to-wit:: (1) on one of Said occasions, on or about the 19th day of OCTOBER,H 1997, defendant did assault said Pm apriNscat: and by said ConduCt. defendant did reasonably believe Said person would regard as threatening bodily injury and death for said person, . and cause' sal . :person to be placed in -fear of bodily Injury. and death for said tiks • • and would: cause a reasonable 12er.don.- to fear- bodily injury and,death. said person,and fUrther,' • . ' • (2) on one of said occasions,. on or about the 21st day of October 1997, defendant did- go"ttv said PAW JOHNSON'S apartment complex an threatening language toWaret, said 'PA/C.791*s* and b y said conduct defendant did ,reasonably'believe:'isaid:persón;,WoUld regard as -threatening bodily injury and death - for : said person, and cause sal person ;to be placed in fear of hodilY.injurY..and death for 'Seg.:PA* and would cause a reasonable person to fear bodily injury and death said person '. • ZatIMUSBITRANBAUENRIEL, . did violate condition (d) in that ne., report to'the probation-Offieerae'directellor.the months of November, 19 97 through . April, .1999. - , AzdaxiguilLoggiummkop did --.violate : condition (e) in that he move from his last known address at 1804 ' 0er: 0414?1,feSquite on Or abOutol.. October 22. 1997 and failed- to adViSe thoi;*obatiOn officer of -hi' new residence within twenty-four hours as directed. , • . AIMILVIIIILMMINEINSEBBIE did violate Condition (h) in that he did; pay for court costs and fine as :directed 'enit--is $584.50 . AL vIN suITiz - '-did violate condition.: (j) in that he• die no pay a Probation' fee: as directed and is . $1000. 00 delinquent. ) , alyinjarrajgralingiump- did violate condition (1) in that he did not pay - restitution to CrimestoPpera-as directed and is delinquent $25.00. ALVIN KEITH OEGRAETENREED did violate condition (n) in that he did not pay' Court-appointed ettorney.'feei . as directed and Is delinquent $300. 00 . •

(9) .• .ZaingjEfa.M.REMMEMNIBiln_ did violate condition (p) in that he di not . paY$Oestitutoi lotadirected' and is delinquent $1:269.70: . FORM 6 PROBATION (REV. 09/01/94)

NO. F-9034163-0L THE STATE OF TEXAS IN THE CRIMINAL DISTRICT VS. COURT 5 OF ALVIN KEITH DEGRAFTENREED DALLAS COUNTY, TEXAS

JUDGMENT ADJUDICATING GUILT COMMUNITY SUPERVISION GRANTED

APRIL TERM, A.D., 1996 JUDGE PRESIDING: MANNY ALVAREZ DATE OF JUDGMENT: 04/22/96

ATTORNEY ATTORNEY FOR STATE: CHRIS MULDER FOR DEFENDANT: KING SOLOMAN

OFFENSE CONVICTED OF: ARSON

DEGREE: SECOND DATE OFFENSE COMMITTED: 09/09/90

TERMS AND CONDITIONS VIOLATED AND GROUNDS FOR ADJUDICATION: SEE ATTACHED MOTION TO ADJUDICATE

AS SET OUT IN STATES: FEBRUARY 27,1996 MOTION TO ADJUDICATE GUILT.

FINDINGS ON DEADLY WEAPON, NO FINDING BIAS OR PREJUDICE, AND/OR FAMILY VIOLENCE:

PUNISHMENT IMPOSED AND PLACE OF 5 YEARS CONFINEMENT: CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND A FINE OF $500.00

DATE OF SENTENCE: 04/22/96 COSTS: YES

PLEA TO ENHANCEMENT FINDINGS ON PARAGRAPH(S): N/A ENHANCEMENT: N/A

PERIOD OF SUPERVISION: 3 YEARS DATE TO COMMENCE:04/22/96

FINE PROBATED: NO RESTITUTION/REPARATION: NO

CONCURRENT UNLESS OTHERWISE SPECIFIED.

TH VOL. 361 PAGE 0047 NO F-90.34163-OL ON THIS DAY, SET FORTH ABOVE, CAME ON TO BE CONSIDERED THE MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT FILED IN THIS CAUSE. THE STATE OF TEXAS AND THE DEFENDANT WERE REPRESENTED BY THE ABOVE NAMED ATTORNEYS AND ANNOUNCED READY. DEFENDANT APPEARED IN PERSON IN OPEN COURT AND THE COMMUNITY SUPERVISION OFFICER FOR DALLAS COUNTY, TEXAS WAS ALSO PRESENT, WHERE DEFENDANT WA O NOT PREMNTED BY COUNSEL, DEFENDANT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVED THE RIGHT TO REPRESENTATION BY COUNSEL. AFTER EXAMINING THE REPORT OF SAID SUPERVISION OFFICER AND THE MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT FILED HEREIN; AND AFTER HEARING THE EVIDENCE OFFERED BY BOTH THE STATE AND DEFENDANT, THE COURT IS OF THE OPINION AND FINDS THAT SINCE DEFENDANT WAS PLACED ON COMMUNITY SUPERVISION HEREIN, DEFENDANT HAS VIOLATED THE TERMS AND CONDITIONS OF HIS COMMUNITY SUPERVISION AS SHOWN ABOVE. THE COURT FURTHER HEARD ANY ADDITIONAL EVIDENCE AND ARGUMENTS ON THE ISSUE OF PUNISHMENT. AND WHEN SHOWN ABOVE THAT THE CHARGING INSTRUMENT CONTAINS ENHANCE- MENT PARAGRAPH(S), WHICH WERE NOT WAIVED OR DISMISSED, THE COURT, AFTER HEARING THE DEFENDANT'S PLEA TO SAID PARAGRAPH(S) AS SET OUT ABOVE AND AFTER HEARING FURTHER EVIDENCE ON THE ISSUE OF PUNISHMENT, MAKES ITS FINDING AS SET OUT ABOVE. IF TRUE THE COURT IS OF THE OPINION AND FINDS DEFENDANT HAS BEEN HERETOFORE CONVICTED OF SAID OFFENSES(S) ALLEGED IN THE SAID ENHANCEMENT PARAGRAPH(S) AS MAY BE SHOWN ABOVE. IT IS THEREFORE ORDERED ADJUDGED AND DECREED BY THE COURT THAT THE ORDER DEFERRING ADJUDICATION OF GUILT, AND PLACING DEFENDANT ON COMMUNITY SUPERVISION HERETOFORE ENTERED IN THIS CAUSE BE, AND THE SAME IS HEREBY SET ASIDE AND OF NO FURTHER FORCE AND EFFECT. IT IS THEREFORE CONSIDERED AND ADJUDGED BY THE COURT, THAT THE SAID DEFENDANT IS GUILTY OF THE COMMISSION OF THE OFFENSE NAMED ABOVE AND THAT THE OFFENSE WAS COMMITTED ON THE DATE SHOWN ABOVE AND THAT DEFENDANT BE PUNISHED AND SENTENCED IN ACCORDANCE WITH THE ASSESSMENT OF PUNISHMENT AS SHOWN ABOVE. THE COURT FURTHER MAKES ITS FINDINGS AS TO A DEADLY WEAPON, FAMILY VIOLENCE, BIAS OR PREJUDICE, RESTITUTION AND REPARATION AS SET FORTH ABOVE. AND WHEN IT IS SHOWN BELOW THAT PAYMENT OF THE COSTS OF LEGAL SERVICES PROVIDED TO THE DEFENDANT IN THIS CAUSE HAS BEEN ORDERED, THE COURT FINDS THAT THE DEFENDANT HAS THE FINANCIAL RESOURCES TO ENABLE THE DEFENDANT TO OFFSET SAID COSTS IN THE AMOUNT ORDERED. WHEN IT IS SHOWN ABOVE THAT RESTITUTION HAS BEEN ORDERED BUT THE COURT DETERMINES THAT INCLUSION OF THE VICTIM'S NAME AND ADDRES IN THE JUDGMENT IS NOT IN THE BEST INTEREST OF THE VICTIM THE PERSON OR AGENCY WHOSE NAME AND ADDRESS IS SET OUT IN THIS JUDGMENT WILL ACCEPT AND FORWARD THE RESTITUTION PAYMENTS TO THE VICTIM. THEREUPON, DEFENDANT WAS ASKED BY THE COURT WHETHER HE HAD ANYTHING TO SAY WHY SAID SENTENCE SHOULD NOT BE PRONOUNCED AGAINST HIM, AND HE ANSWERED NOTHING IN BAR THEREOF, AND IT APPEARING TO THE COURT THAT DEFENDANT IS MENTALLY COMPETENT AND UNDERSTANDING OF THE PROCEEDINGS, THE COURT PROCEEDED IN THE PRESENCE OF SAID DEFENDANT, HIS COUNSEL ALSO BEING PRESENT, TO PRONOUNCE SENTENCE AGAINST HIM. IT IS, THEREFORE, ORDERED ADJUDGED AND DECREED BY THE COURT THAT SAID JUDGMENT AS SET FORTH ABOVE, IS HEREBY IN ALL THINGS APPROVED AND CONFIRMED, AND THAT THE DEFENDANT IS ADJUDGED GUILTY OF THE OFFENSE AS SHOWN ABOVE,_ ANO THAT SAID DEFENDANT IS SENTENCED TO A TERM OF IMPRISONMENT OR FINE OR BOTH, AS SET FORTH ABOVE, AND SAID DEFENDANT SHALL BE CONFINED FOR THE ABOVE NAMED TERM IN ACCORDANCE WITH THE PROVISIONS OF LAW GOVERNING SUCH PUNISHMENTS. IT IS FURTHER ORDERED THAT THE DEFENDANT PAY THE FINE, UNLESS PAYMENT OF THE. FINE HAS BEEN PROBATED, AS SHOWN ABOVE, COURT COSTS, COSTS AND EXPENSES OF LEGAL SERVICES PROVIDED BY THE COURT APPOINTED ATTORNEY IN THIS CAUSE, IF ANY, AND RESTITUTION OR REPARATION, AS SET FORTH HEREIN. IT FURTHER APPEARING TO THE COURT THAT THE ENDS OF JUSTICE AND THE BEST INTEREST OF THE PUBLIC AND THE DEFENDANT WILL BE SERVED BY THE SUSPENSION OF THE IMPOSITION OF SENTENCE HEREIN; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT THAT THE IMPOSITION OF SENTENCE HEREIN IS HEREBY SUSPENDED FOR A PERIOD OF TIME AS SHOWN ABOVE. THE FINE IMPOSED, IF ANY IS TO BE PAID OR PROBATED AS SHOWN ABOVE. THE DEFENDANT IS HEREBY PLACED ON COMMUNITY SUPERVISION FOR A PERIOD OF TIME AS INO F-9034163-QL SHOWN ABOVE SUBJECT TO THE TERMS AND CONDITIONS OF COMMUNITY SUPERVISION THIS DATE IMPOSED BY LAW AND BY THE COURT AND SERVED UPON THE DEFENDANT. CONDITIONS OF COMMUNITY SUPERVISION ARE ATTACHED HERETO AND ARE INCORPORATED FOR ALL PURPOSES AS A PART OF THIS JUDGMENT. FOLLOWING THE DISPOSITION OF THIS CAUSE THE DEFENDANT'S FINGERPRINT WAS, IN OPEN COURT, PLACED UPON A CERTIFICATE OF FINGERPRINT. SAID CERTIFICATE IS ATTACHED HERETO AND IS INCORPORATED BY REFERENCE AS A PART OF THIS JUDGMENT. A PRESENTENCE INVESTIGATION WAS CONDUCTED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF LAW. COURT COSTS IN THE AMOUNT OF $84.50

die,47 JUDGE PRESIDING 1NO:F9b-34163-L THE STATE OF TEXAS CRIMINAL DISTRICT S COURT NO. 5 VS. DALLAS COUNTY, TEXAS

ALViN KEITH DEGRAFTENRERD JANUARY TERM, 1996 AMENDED MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT COMES NOW the State of TeRas.by and through her Criminal District Attorney and would show the Court the following: That ALVIN KEITH DEGRAFTENREED, Defendant:was-duly and legally placed on probation for a period . of 5 . years in the above' entitled andi numbered cause in Criminal District Court NO. 5 of Dallas County, Texas', on the 6th day of Se p tember , A.D.19 91 for the offense of:•

ARSON, AS CHARGED IN THE INDICTMENT That the Defendant has violated . the following conditions a, d. h, 1. k. in of said pro ation' in that .

SEE MOTION ATTACHMENT

This violation-offense occurred after Se p tember 6, 1991 , and during the term of probation.

WHEREFORE, the State prays that-Said Defendant be cited to appear before this Honorable Court and show cause why the Court should not proceed: with an adjudication of guilt on the original charge,. This the 27th day of February A.D.1996 JOHN VA74411 , ?6,441 Age DiStrict f Dall---:AL (44. „4.0!: ip,/ B Aliftw_. Ad■ -F->.-- , ccA . A.. 5, antiistrict Attorney 0178 =1 % of th.is mot.,ieleas delivered to the Defendant on the day of A...1). 1 W. 0 N- Probation. icer IL • 7 I received copy is motion on the day.of. A.D. 1996. ccp cr, - da A4a/64i iiefendant /

MLit C-35894 12. (Rev. 11/88)

ORDEK JF PROBATION WITHOUT ADJUDICATI01..-DF GUILT 231/102 her

MINUTES OF THE CRIMINAL DISTRICT COURT #5 OF DALLAS COUNTY, TEXAS

NO. F90-34163-L

THE STATE OF TEXAS July TERM, 19 91 VS.

Alvin Keith Degraftenreed September 6, lo 91

ORDER

The Defendant having been indicted in the above entitled and numbered cause for the felony offense of ARSON, A SECOND DEGREE FELONY, AS CHARGED IN THE INDICTMENT

and this cause being this day called for trial, the State appeared by her assistant Criminal District Attorney Ann Thornton and the Defendant Alvin Keith Degraftenreed appeared in person and his counsel Thomas E. Mayes also being present and both parties announced ready for trial, and the Defendant in person and in writing in open Court having waived his right of trial by jury, such waiver being with the consent and approval of the Court and now entered of record on the minutes of the Court and such waiver being with the consent and approval of the Criminal District Attorney of Dallas County, Texas, inwriting, signed by bin, and filed in the papers of this cause before the Defendant entered his plea herein, the defendant was duly arraigned and in open Court pleaded - Guilty to the charge contained in the indictment; there- upon-the defendant was admonished by the Court of the said consequences of the said plea and the range of punishment prescribed by law and that the Court was not bound by any recommends- -tion of the prosecutor regarding punishment, and the Defendant persisted in entering said plea, and it plainly appearing to the Court that the Defendant is mentally competent and that he is uninfluenced in making said plea by any consideration of fear, or by any persuasion, or 'delusive hope of pardon prompting him to confess his guilt, and that he entered said.plea freely and voluntarily, the said plea was accepted by the Court and is now entered of record as the plea herein of the Defendant. The defendant in open Court, in writing, having waived the reading of the indictment, the appearance, confrontation, and cross-examination of witnesses, and agreed that the evidence may be stipulated and consented to the introduction of testimony by affidavits, written statements of witnesses and any other documentary evidence, and such waiver and consent having been approved by the Court in writing, and filed In the papers of the cause; and, the Court having heard the Defendant's waiver of the reading of the Indictment, the defendant's plea thereto, the evidence Submitted, and the argument of counsel, is of the opinion that the evidence submitted substantiates the defendant's guilt of the offense of ARSON, A SECOND DEGREE FELONY, AS CHARGED IN THE INDICTMENT

and that said offense occurred on the 9th day of September , 19 90 , and the Court being of the opinion that the best interests of society and the defendant will be served by deferring further proceedings without entering an adjudication of guilt; IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the above named defendant be and is hereby placed on probation for a period of ' (5) Five YEARS AND IS ORDERED TO PAY A FINE IN THE AMOUNT OF $500 .00 9 such period of probation to begin and be effective as of the 6th day of September 19 '91 , subject to the terns and conditions of probation this date imposed by law and by the Court and served upon . the defendant by the Clerk of the Court. Conditions ' of Probation are attached hereto and are incorporated for all purposes as a part of this Order. Pine is to be PAID / plemmammu Court Costs assessed $ 84.50

This Order is entered pursuant to the provisions of Section 3d of Article 42.12, Code of Criminal Procedure of Texas, and is not a final adjudication of guilt. FORM APOA.1

coriorrions OF PROBATION THE STATE OF TEXAS IN THE CRIMINAL DISTRICT COURT Nn. 5 Vs. DALLAS COUNTY, TEXAS D . _ JULY TERM 19 91 CAUSE NO. F90-34163-r. REGULAR PROBATION

ARSON DEFERRED ADJUDICATION _______

SHOCK PROBATION

In accordance with the authority conferreAi have been placed on probation on this dat by t Adult Prqtation and Parole Law o the State of Texas, you eC ,/f?/for a period of years. It is the order of this Court that you comply with the following conditions of/probation:

(a) Commit no offense against the laws of this or any other State or the United States, and do not possess a firearm during the term of probation;

(b) Avoid injurious or vicious habits, and do not use marijuana, narcotics, dangerous drugs, Inhalants .or prescription medication without first obtaining a prescription for said substances from a licensed physi- cian;

(c) Avoid persons or places of disreputable or harmful character, and do not associate with Individuals who commit offenses against the laws of this or any other State or the United States;

(d) Obey all the rules and regulations of the probation department, and report to the Probation Officer as directed by the Judge or Probation Officer; to-wit: WEEKLY, MONTHLY, OR TWICE MONTHLY AS DIRECTED;

(e) Permit the Probation Officer to visit you at your home or elsewhere, and notify the Probation Officer not less than twenty-four (24) hours prior to any changes in your hO4 me or employment address;

(f) Work faithfully at suitable employment as far as possible, and seekthe assistance of the probation officer in your efforts to secure employment when unemployed;

(g) Remain within a specified place; to-wit: Dallas County, Texas, and do not travel outside Dallas County, Texas, without first having obtained written permission from the Court;

(h) Pay Court cost and a fine, if on be assessed, in go,ur uveral sums to the District Clerk of Dallas County, Texas; COURT COST $ 5°4.0 ; FINE $ alitj 10):; payable thru the Probation Officer of this Court at $ JD . 4 per month; first payment due on or before //-/--9j (i) Support your dependents;

(1) Pay a probation fee of $ 40.00 per month to the Probation Officer of this Court on or before the first day of each month hereafter during probation;

(k) Make monetary contribution in the amount of $25.00 to the Dallas Area Crime Stoppers, Inc.,. before prent iske in full to the Dallas County Adult Probation Department on or

(1) Submit to random urinalysis and or medical tests as required by the Court. (m) Make restitution of $ 1,400.00 payable to a Probation Officer of this Court in increments of 00 per month. The first payment is due on /1-/alabt and each month thereafter until paid in full. (n) Perform a total of 240 hours Community Service Restitution at 20 hours per month as approved by the Court through the Volunteer Center of Dallas, 1215 Skiles, Dallas, Texas 75204. Call the Volunteer Center (821-8711) oni-j s-Q6C, , and commence Community Service Restitution on or before ---9 and complete said Community Service Restitution on or before , (o) Refrain from any further contact, either in person, by phone, or by mail with Annie Verdell. This condition is effective at commencement and during the period of probation, as directed by the Court.

You are hereby advised that under the law of this State, the Court shall determine the terms and conditions of your probation, and may at any time during the period of probation, alter or modify the conditions of your pro- bation. The Court also has the authority at any time during the period of •robation to revoke your probation, or

J. / _ proceed to adjudication. for violation of any of the conditio • your prob lion set out above.

Witness our Signal day of i 19

A/W AMOW'- bationer Ju;ige

1( .401.1flitW l4 Probation Officer CONDITIONS OF PROBATION ( THE STATE OF TEXAS IN THE CRIMINAL DISTRICT COURT NO. 5 VS. DALLAS COUNTY, TEXAS ALVIN KEITH DEGRAFTENREED APRIL TERM 1996 CAUSE NO. F90-34163-L REGULAR PROBATION ARSON DEFERRED ADJUDICATION SHOCK PROBATION STATE JAIL In accordance with the authority conferred by the Adult Probation and Parole Law of thep State of Texas, you have been placed on probation on this date A ril 22, 1996 for a period of 3 years. It is the order of this Court that you comply with the following conditions of probation:

.( a) Commit no offense against the laws of this or any other State or the United States, and do not possess a firearm during•the term of probation; - (b) Do not use marijuana, narcotics, dangerous drugs, inhalants or prescription medication without first obtaining a prescription. for said substances from a licensed physician;

, (c) Avoid persons or places of disreputable or harmful character, and do not associate with individuals Who commit Offenses against the laws of this or any other State or the United States; .(d) Obey all the -.rules and regulations of the probation department, and report to the Probation Officer as directed by the Judge or Probation Officer, to-wit: WEEKLY, TWICE MONTHLY, OR MONTHLY AS DIRECTED;

.(e) Permit the Probation "Officer to visit you at your home or elsewhere, and notify the Probation Officer not less than twenty-four (24) hours prior to Any changes in your home or employment address; • (f) Work' faithfully at suitable employment as far as possible, and seek the assistance of the probation - officer in your efforts to secure employment when unemployed;

(g) Remain within a specified place; to-wit: Dallas County, Texas, and do not travel outside Dallas County, Texas, without first having obtained written permission from the Court; (h) Pay Court cost and a fine, if one be assessed, in one or several sums COURT COST $84.50 ; FINE $500.00 ; payable thru the Probation .Officer of this - Court at $20.00 Per month; first payment is due on or before May 1, 1996 •

(i) Support your dependents; RE: DEGRAETEN, .D,...9LVIN KEITH NO: E90-34163-L . = '(j) Pay a probation fee of $40.00 per. month to.the Probation Officer of this Court on or before the first day of each month hereafter during probation'. (k) Submit to random urinalysis and or medical tests as required by the court. (1) Make monetary contribution in the amount of, $25.00 to the Dallas Area Crimestoppers, Inc. Payment is due in full to the Dallas County Adult Probation Department on or before August 1, 1996_,. (m) Defendant will work and complete 160 hours of community service at a minimum of 20 hours per month no later than March 1, , '1999 _, at 'an approved community service project or projects designed by the Community supervision and Corrections Department. A processing fee of' $50.00 payable to the . volunteer Center will required for referrals through the Volunteer Center. (n) Pay Court Appointed' Attorney fee in the amount of $300.00, payable at $ 10.00 per month to a Probation Officer of this Court on or before the 15th day of each month hereafter until paid in full. (o) Beginning Aril 22, 1996 , and for not less than 180 days thereafter, you must participate in the Intensive Supervision Program. (p) Make restitution of $1269.70 payable to a Probation officer of this Court in increments of $40.00 per month. The first payment is due on May 1, 1996 and each month thereafter until paid in full.

You are hereby advised that under the law of this State, the Court shall determine the terms and conditions of your probation, and may at any time during the period of probation, alter or modify the conditions of your probation. The Court also has the authority at any time during the period of probation to revoke your probation, or proceed to adjudication for violation of any of the conditions of your probation set out above. .

sk Signatures th he 22nd_ day o April 1996.

ID-

ML # 35894 JAPT4cE:PFA=.14P.P.0$111.1A4--,,,,.... IN CRIMINAL DISTRICT COURT DALLAS COUNTY, TEXAS ,SER 00,1

. LA.SL-.NYMB fr9034143 ,IItFa Ct4,9#01:1',i - OFFERSE,ARSON:r TIME 142021 REDUCED-COARGE.r. es THE STATE OF TEXAS VS. 9 DEF DEGRAFTENREED ALVIN KEITH RACE_DSEX.M PUB 112461 N 1:1-',# I 9 969.lbb5, P 000,RE0 - BY -JOg., & -SENTENCE APPEAL SPECTALCONDITION, , ,

.$ 0.00 FINE $ 0.00 COST SENTENCEJOJEIEGIN , ADDITIONAL CREDIT FOR TIRE SERVED_ REMARKS' . 0404/00 DEFT,N0T:IN JAIL - - '--ORDER:GRFATI WDEFfilISCHARGEFROWPROBATION - - RETVRN ANY- AND _ ALL WARRANTS ON THIS CASE ONLY

- - DISTRICT CLERK " , RELEASE,INFORMATION: DOCAA3Y.P0.11.kit U.J.04 - - - - - - - - - _ • BY.LISTOWR • DEPUTY tiEik 5 .i.

9, Rev. 9/90

3 CAUSE NO. NO 4' ( 63 ei) STATE OF TEXAS FED IN THE . VS. g DISTRICT COURT if CS 91 SEP 6 AID: 6 '11( i decreA PAPtr-1,3 (t-ce9 DALLAS COUNTY, TEXAS cg e-44. NG WAIVER - 1 FELONY PLEA OF GUILTY 1 N CONTENDERE / IN D ICT14,4 ENT-fINFORMVION

Comes now the Defendant with the consent and approval of Defendant's attorney and does in person,in writing, and in open• court, waive the right to trial by jury and requests the Court to consent to and approve this waiver.

óy tor daot Defendant Comes now th undersigned attorney for the State and consents to and approves Defendant's waiver of jury.

AsslsttniDlstrlct Attorney Dallas County, Texas' • The Court hereby consents to and appr s Defen t's waiver of jury in this catise.

JUDGE

plot applicable. ORDER CHANGING NAME OF DEFENDANT (IF APPLICABLE) Comes now the Defendant and suggests to the Court that Defendant's true name is other than that set forth in the charging in- strument and requests that the charging instrument and all other papers in this cause be amended so that the Defendant's true name will hereinafter be shown to be:

DEFENDANTS WAIVERS AND JUDICIAL CONFESSION Comes now the Defendant in open Court in the above entitled and numbered cause represented by Defendant's attorney with whom Defendant has previously consulted and makes the following voluntary statement: L That I am the person named in the charging instrument in this cause. 2. That I am mentally competent and that I understand the charge contained in the charging instrument in this cause and enter my plea as set forth herein. 3. That I have been advised as to the consequences of a plea of guilty or nobo contendere including the minimum and maxi- mum punishment provided by law and that any recommendation of the prosecuting attorney as to the punishment is not binding on the Court. 4. That I understand that I have the right to a trial by a jury whether I plead 'guilty", "not guilty" or 'nob o contendere". 5. That I have the right to remain silent but if I choose not to remain silent, anything I may say can be used against me. 6. That I have the right to be confronted with the witnesses against pre whether I have a trial before the Court or the jury. 7. That I have the right to be tried on an indictment returned by a grand jury. -■ However, I desire to waive and do waive the following rights: 1. I waive the right to be prosecuted by a Grand Jury Indictment and announce my election and consent to be charged by an Information, where trial is not by Indictment. ti • t- 2. I waive any defect, error or irregularity of form or Substance ydckarging instrument. 3. I waive arraignment and the reading of the charging instrument. 4- 4. I waive my right to remain silent and state that! will testify and make a judicial confession of my guilt knowing anything may say can be used against me. 5. I waive in writing and in open court the appearance, confrontation and cross-examination of witnesses, and I further con- sent to an oral or written stipulation of the evidence and testimony and! agree to the introduction of testimony by affidavit, written statements of witnesses, a judicial confession and any other documentary evidence. 6. I waive any additional time for arraignment or preparation for trial, and! waive the right to a 10 day waiting period for trial after the appointment of counsel (if counsel appointed) and announce ready for trial. 7. I waive the right to a pre-sentence investigation and report and request that none be made. If a pre-sentence report has been made,I agree that the Court might review it concerning punishment. 8.'! further understand that where there is a plea bargain agreement and the punishment assessed by the Court does not ex- ceed the agreed recommendation, I do not have the right to appeal without permission of the Court, except for those matters raised by written motions filed and presented to the Court prior to trial. Edo (arthzradmit and judicially confess that I am the pen named n the charging Instrument and that I understand the charge con ed therein and: ‘7 I am GUILTY of the offense of AP—Sa03 i 414„,c exactly as alleged in the charging instrument Including any amen/ents or modgications thereto andleass that I did on- lawfully commit the said offense In Dallas County, Texas on the day or t.„,!.. orr— OR I plead NOW CONTENDERE to the offense of

exactly as alleged In the charging instrument Including any amendments or modifications thereto and understand and agree that the Court can consider the evidence and stipulation of testimony in determining guilt; and I further state that my plea is made freely and voluntarily and is not influenced by any consideration of fear or any persuasion or any delusive hope of pardon, and I request the Court to consider probating any sentence imposed. I further understand that in the event that I am convicted, unless I waive the right to appeal or am precluded from appeal by acceptance of a plea bargain agreement that is followed by the Court, as set out in paragraph 8 herein, I have the legal right of ap- peal and also the right to be represented on appeal by an attorney of my choice, or if I am indigent and unable to pay for such at- torney or the record on appeal the Court will, without expense to me, provide an attorney and a proper record on appeal. I agree that the Court may consider my judicial confession as evidence in this case. I understand that if! am not a citizen of the United States of America a plea of guilty or nob o contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under Federal law. Having read all of the above waivers, consents, agreements and statements and having had them explained to me by my attor- ney, I now request the Court to accept them and I state that they are made voluntarily, kno%jjingl y, and int4gently and I further t the statements contained in my judicial confession are true and correct. This the day of

Defendant ATTORNEY FOR DEFENDANT I have consulted with the Defendant concerning the plea in this case and I have advised the Defendant of the Defendant's rights and the charge to which the Defendant is pleading. I believe the Defendant to be competent and approve and agree to the waivers, agreements and statements that the Defendant has signed herein. I agree and consent to the waiver of indictment if prosecution by information, waiver of defects in charging instrument, agreement to stipulate testimony, . waiver of additional time for arraignment or 10 days to prepare for trial, waiver of arraignment, waiver of jury trial and I ask the Court to accept said waivers and agreements and! announce ready for trial and enter Defendant's plea of GUILTY / frir..■■■■•••,L:::+:1013.4 • fore the Court.

Dad) „. A orney for Cele State Bar No. ' )1 OW ATTORNEY FOR STATE • Before the entry of the Defendant's plea herein, the above requests, waivers, agreements and stipulations are hereby consented to and approved by me, the attorney representing the State. ' =

A Date Assistant District Attorney Assistant Dallas County,'pm. 8, State Bar No 'LAC (0 e) 1100

JUDGE It clearly appearing to the Court that the Defendant is mentally competent and is represented by competent counsel and that said Defendant understands the nature of the charge against the Defendant and that the Defendant has been warned by the Court of the consequences of the plea entered herein including the minimum and maximum p • ent provided by law, that the Defen- dant, attorney for Defendant and the attorney for the State consent to and appro waiver of • by jury and agreement to stipu- late the testimony in this case, the Court, therefore, rinds such plea, and all rs, agreem and consents contained herein to be freely and voluntarily made and, accepts the Defendant's plea and appr the co • o stipulate testimony. •

—4130, Date •G Drawer #7 Cause No. fig0 THE STATE OF TEXAS IN THE 06AntA144- V. S F1LEDDISTRICT COURT 4#5› A te_A•k-t,„ ,,e_04excere DALLAS COUNTY, TEXAS e6a PLEA BkinpspIREfi rpt 6 TO THE HONORABLE JUDGE OF SAID COURT: • Comes now Defendant, Counsel for nt, and Counsel for State herein and would show that a plea bagi reement has been entered into between the undersigned, and that under the terms of said agree- ment the defendant agrees and reques-t-s—t-hatDEV6resentence investiga- tion report not be made, and both sides agree they will waive their right to a jury trial and agree to and recommend the following:

Defendant will plead ‘// v/ guilty nob o contendere

Defendant will testify will not testify

confinement in Penitentiary for years

confinement in a community correctional facility for days

confinement in Dallas County Jail for days

fine of $

NO PROBATION - •Z PROBATION TO BE GRANTED FOR years subject to all the terms and conditions imposed by the trial court. Further, the judge, as provided by Article 42.12, Sec. 11 V.A.C.C.P., may at any time during the period of probation alter or modify the conditions.

supervised work or community service for hours as provided by Article 42.12, Sec. 16 and 17 V.A.C.C.P.

SBOCK PROBATION TO BE GRANTED days after sentence, subject to good behavior of defendant while incarcerated.

participation in SPECIAL ALTERNATIVE INCARCERATION PROGRAM; probation to'be granted days after sentence subject C good behavior of defendant in program. — Restitution of $ ft -i) to be paid by defendant.

Conviction to be as follows:

v// Felony Misdemeanor Non-conviction Deferred Probation

Defendant's back time date is:

Additional provisions of the agreemept are: 4, Co liD (AAA re_

The undersigned certify they have read the terms of the above agree- ment and that it fully contains all the provisions of said agreement.

JOHN VANCE DISTRICT ATTORNEY DALLAAOUNTY, TEXAS 1 endant

By dA.4 Assistant District Attorney Couns for De dant Defendant's agreement and request that entence investigation report not be made is hereby appr e Court. If a victim impact statement has been retur State, a copy of said statement shall be turned over t by the State's attorney prior to the Court's acceptance

U. Rev. 8/91 No. r1/43 35t / (;) STATE OF TEXAS VS. • IN THE CA444E1DISTR/CT .A1,1510 FILED Aiqu3iCt:im i fc-tearlyreecf COURT OF DALLAS COUNTY, TEXAS

91 SEP 6 •COURT'S ADMONITION OF STATUTORY AND CONSTITUTIONAL 11 6: tri RIGHTS AND DEFENDANT'S ACKNOWLEDGMENT V14)Nr Thee Court hereby admonishes you . of the . 11. , . wing Statutory and Constitutional Rights prior to your entry of a plea of guilt Ar dao contendere in this case pursuant to Article 26.13 of the Texas Code of Criminal litmlure and the Constitutions Of - Texas and the United States of America:

1. You are charged with the crime of )41P OIsj / a A.A.d_ol,e9 / -4.:s-a..b.....A.0

and the range of punishment is -11..t...5 -k-- etta TbeciA,4? 13.4.- Grt1 i.ANAJ1 b 4 \I Lit 1-b to , afit •

2. Any recommendation as to what your punishment should be by the prosecuting attorney is not binding on the Court. I will follow the plea bargain agreement in this case, if there is one, unless evidence is presented that makes me unable to do so and, if so, I will tell you and allow you to withdraw your plea. .

3. If the punishment I assess does not exceed the punishment recommended by the prosecutor and agreed to by you and your attorney (the "Plea Bargain Agreement") you cannot appeal this case without my permission except for matters raised by written motions filed prior, to trial.

4. If you Ure not a citizen of the United States of America, a plea of guilty or nob o contendere before me for the offense charged may result in your deportation, the exclusion from admission to this country, or a denial of naturalization under Federal law.

5. If you have a Court appointed attorney, you have a right to have ten (10) days from the date your attorney was appointed to prepare for trial. You have a right to have two (2) entire days after being served a copy of the charging instrument to be arraigned unless you are on bond. You have a right to be tried on an indictment returned by the grand jury.

6. If you receive deferred adjudicat er it is found that you have violated your probation you may then be and the Court can then set your punishment anywhere within the r by law.

ACKNOWLEDGMENT

I have read the above and foregoing admonitions by the Court regarding my rights. I understand the admonitions, and I understand and am aware of the consequences of my plea. Furthermore, my lawyer has explained to me all of the admonitions given by the Court in ths document.

Signed this (al day of

flEfigh■ OR EFENDANT D ENDANT

\\n/NvvI .A Itorti FS NI I i\-) ': PRINTED NAME OF COUNSEL PRINTED NAME OF DEFEND T

BAR CARD NO. V 14:100C) I 0.

NOTICE OF DISPOSITION IN.CRIMINAL DISTRICT cpuir 5" DALLAS COUNTY, TEXAS SEQ 0011

4 ---CASE-ROMBEITT=T5S211-6-8 DATE 120999 OFFENSE ARSON TIME 102923 6 REDUCED CHARGE 7 , 8 *ESTATE OF.TEXAS:.VS. 9 DEF DEGRAFTENREED ALVINKEITW, 0.: SEX M 0013:112444,;, -131i0-9-e01-5553 DISPOSED. BY SkNiENCE7 r^" 14 , .3 : YRS TO TDC PROBATED. • 'APPEAL • 15 --- 16 SPEC1AL CONDITION MNT 17

19 - , - 20 500 00 FINE $ .9440-0=.1T- SENTENCE 10 ;:?px. _ 21 -AppiTIONAL . _ _FOR ,TIME SERVED 22 23 REMARKS . 12/09/99 7. DEFT NOT IN JAIL - - - - - - - - - - - - - - - - - - 24 P/V MOTION WITHDRAWN, DEFT CONTIN ON PROBATION 25 i,t .i , URN-ANY AND ALLI.JARRANts oN...111.1s. N.Ev" 26 27 28 JIM HAMLIN - 29 DISTRICT CLERK • • RELEASE INFORMATION. 30 DALLAS COUNTY, TEXAS J REMARKS - - - - - - - - 31 32 BY,LI STON :R 33 DEPUTY 'CLERK;:. 34 35

36 37 38 • 39

49 50 51 52 53 54 55 ' 56

\5.7 • • i.*yr.".11 THE STATE OF TEXAS CAUSE w tt 9 .A . VS. • '' CRIMINAL DISTRICT COURT 116.5

Alop. DALLAS COUM10/4 EXAS

STATE'S MOTION TO WITHDRAW ITS MOTION TO 00%4IATION TO THE HONORABLE JUDGE OF SAID COURT:

Comes now the District Attorney of Dallas County, Texas, by and through the undersigned Assistant District Attorney, and in the above cause respectfully. requests the Court to allow the State co withdraw its Motion to Revoke Probation herein. and to continue the Defendant on probation. • •

Respectfully -submitted.

BILl. HILL DISTRICT ATTORNEY • DALLAS COUNT IA

°''' Ank 40110 A staA 0 trict Atto

• The foregoing State's Motion to Withdrav its MOtion to Revoke Probation having been presented: to the Court,. same ill hereby. in all thingX granted, and the Defendant is (continued an i probatioa) (discharged from probation) (ordered released A fro g custody). •

REV. 1/87 NO BOND: BOND AMOUNT CAUSE NO. F9034163L

THE STATE OF TEXAS CAPIAS ISSUED This 21st day of November A.D. 1997

r vs. Honorable MANNY ALVAREZ, Judge Criminal Districto t No. 5 ALVIN KEITH DEGRAFTENREED Defendant DSO #: 0471578 DATE OF. BIRTH: 11/24/61 LAST KNOWN IDRESS: At Larae RACE:X/3X MALE L, FEMALE 1804 Del Oak HAIR: Brown EYES: Brown ljo Mes quite, TX75149 HT: 519 " WT: 180 lbs.j Offense: ARSON

To any Sheriff or any Constable of the State of Texas: YOU ARE HEREBY COMMANDED to take the body of ALVIN KEITH DEGRAFTENREED who has been charged by indictment for a felony offense and placed on probation, and him safely keep so that you have him before the Honorable MANY ALVAREZ, Criminal District Court No. 5 of Dallas County, Texas at the Courthouse, thereof in the City of Dallas,,pstanter, then and there to answer THE STATE OF TEXAS against th,esaidoALVIN KEITH DEGRAFTENREED for violation of the conditions ofprobAtion in Cause No- F9034163L State of Texas vs. ALVIN KEITH DEGRAFTENREED

HEREIN-FAIL , NOT, but have you then' and there this Writ, showing how You haVe executed the same. • $i:ven under my official seal of said Court of Dallas County, this 2tST day of NOVEMBER A.D. 1997

ATTEST Canx Bill Long, District. Clerk Judge Ma y Alva z, Texas Criminal Distri t Court No.5 TMC Dallas County, Texas By De ty SHERIFF'S RETURN Came to hand this day of

RETURNED on this day of , A.D. 19 -Mileage $ Fees Sheriff County. Total By Deputy FORM 966-J APPEARANCE BOND (AFTER INDICTMENT-FELONY-PERSONAL BOND) 2._

THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT I, ......... dee/............. as principal, and being the defendant in the charge referr d to OF TEXAS e 0j: n, am held and firmly bound unto THE STATE r -&es • in the penal sum of ............................................. ($ ..................... ) DOLLARS, payable to said State, and for the payment of which sum, well and truly to be made, I do bind myself, my heirs, executors, and admin- istrators, jointly and severally by these presents; and in addition thereto, I am bound for the payment of all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the event I fail to appear before the court or courts provided for herein at the time Stated herein; the amount of such ex- pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally.by these presents; this bond shall be valid and binding upon me as principal, for my personal appearance before the court desig- nated herein and before any court in which this cause may hereafter be pending at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for any and all subsequent court proceedings had relative to the hereinafter described charge.

CONDITIONED, that, whereas, I as p 'ncipal, now in legal custody of the Sheriff of Dallas County, Texas, charged in due form of the law in the JfilliinferDistrict Court f Dallas County, Texas, in Cause No .PA:' 4. 3V/6 , and styled the State of Texas vs. .............................................. with a felony offense, and who by the order of the judge of said court has been required tegiv y personaLhond the sum set out above, conditioned for my personal appearance before said last named court on the ./.?" day of : 4.4) ............................... A.D. 19 971 at 9 o'clock A1-114., or upon notice by the court, and any other ourt provided for herein, to answer the said above described charge now pending against me and for any and all subsequent proceedings had relative to the charge. Now, if I as principal_shall make my personal appearance as 4 provided for herein before said le----/- -44mgac District Court of Dallas County, Texas, in the Courthouse in the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis- charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro- vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other court to which said cause may be transferred, at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and term to term of any such courts in which or before whomever said charge is pending, for any and all subsequent pro- ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void, OTHERWISE to be and remain in full force and effect.

9 19... r WITNESS my hand this VPAri day of..... 41,

/ 1", Ortrfiga........ - Signature of Dc ... t as Principal / Z ‘ -Tff 6r6(1.5ea-- Mailing Address of Defendant as Principal herein 75 - P-7 71(A "C Azo.... CfRF 0 cATT:g. Name of Employer or Business /5c7 'o / /- Place of Employment (Street Address)

"I swear that I will appear before the - lot*, "Wratal District Court of Dallas,County, Texas at the . Courthouse in the City of Dallas, in Dallas County,-Texas, on the e" "- day of .............. A.D 19,097, sa f 1..41 o'clock,41—M., or upon notice by the Court, or pay the court the principal sum of 7 r :4;443 71/ - ($ -r4r. ) DOLLARS, plus all ary dreasonable expenses incurred in any arrest for failure to appear." /Tv, cor- ,411,011P Affiant-Defe

SWORN to and subscribed by ............................................ before me, on this............... day of A

ne,................. L AI 1 1 6t M CIA) CD .5 , Clerk of dcial District ty, Texas ........ , Deputy The foregoing bond taken and approved by me A. D. le

"dieRetiti-District Court Dallas County, Texas DEFENDANT'S PERSONAL DATA g Defendant's Mil name: e le„..3 Aliases or nickname. Home address: ........... .................................................................................................. For ................. years Previous address: .............. ........................................................................................... For .................. years Phone: ............................ .................................. Birthdate: .................................................................... Birthplace: ...................... Education (yrs.) ................... Ht: ....................... Wt: ... es: ........................ Hair: ..................................................................... Res. Dallas Co. (yrs) ........ f unemployed, how long. Name of present employer: ............. His address: ..................................................... Phone: .............................. Type of work: Name of supervisor: ................................ Employed since: Approx. TOTAL earnings past twelve months (aft ow): $ ......................................................................... Name of former employer: ............................................ ...... His address: ................................. Phone: ............................. Type of work: ......................... Name of supervisor: .................................................................. ......... Employed from to ............... Reason for leaving: Marital status (circle) S MWD Sep. ALL minor chi] No Spouse: ...................................................................... Add Church & Pastor .................................................................. Home: Rent? ...................... Own? ............... Monthly rent or pa Military service (circle) A AF M N CO From .............................. Type discharge: ............................................................... Pension? ............. Amt: $ ....................................... Auto: Make .......................................................... Body type ....................... .......... Model Auto license No............................................................. Texas or .................................................. Oper. Comm. Chauf. Driver's license No. ............................................................................. Expires ........................................ Social Security No. ....................................................... Three Dallas County Residents who will ALWAYS know your whereabouts: I. Name .................................................................. Address ......................................................................... Phone .................................................................. Relationship 2. Name .................................................................. Address ..... Phone .................................................................. Relationship 3. Name .................................................................. Address ..... Phone .................................................................. Relationship ................................................................ How many times have you been arrested before? .................................................................... Have you ever been convicted of an offense other than a traffic ticket? Describe time, place and nature of offense: ........................................

Have you ever been on probation? .................................... Offense .................................................................... Officer ............................................. Address ........................................................... Revoked? Discuss ........................................................................................................................................ Have you ever been on parole? ......................................... Offense .................................................................... Officer .................................................... Address ........................................................... Revoked? Discuss ....................................................................................................................................... Have you ever been on bond? ................ How many times? ........................ Charges .................. ................................................................................... Name of bondsman ............................... Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli- cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and understand that any false statement made herein may be grounds for the Court to withhold or withdraw my personal bond at any time. I agree to allow the Court to contact any of the people at I have listed above to verify the inform- ation furnihqd by me. Date: . Defendant's 6iknature

0 as 1 FORM 3664 APPEARANCE BOND (AFTER INDICTMENT-FELONY-PERSONAL BOND)

THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS: THAT I, ......... as principal, and being the defendant in the charge referria to erein, am held and firmly bound unto THE STATE e ...raZt, • OF TEXAS in the penal sum of ............................................ ($ ..................... ) DOLLARS, payable to said State, and for the payment of which sum, well and truly to be made, I do bind myself, my heirs, executors, and admin- istrators, jointly and severally by these presents; and in addition thereto, 1 am bound for the payment of all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting me as principal in the event 1 fail to appear before the court or courts provided for herein at the time stated herein; the amount of such ex- pense shall be in addition to the principal amount specified herein. For the payment of which sum or sums well and truly to be made, as aforesaid, I do bind myself, my heirs, executors and administrators, jointly and severally by these presents; this bond shall be valid and binding upon me as prindipal, for my personal appearance before the court desig- nated herein and before any court in which this cause may hereafter be pending at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any such court and for any and all subsequent court proceedings had relative to the hereinafter described charge.

CONDITIONED, that, whereas, I as p 'ncipal, now 19 legal custody of the Sheriff of Dallas County, Texas, charged in due form of the law in the ;_,..:D JuiligiltSistrict C,o27 4allas County, Texas, in Cause

Prof,' s-va, and styled the State of Texas vs. Cr--4"-`"3 with a felony offense, and who by the order of the judge of said court has been required tegive y personaLyond the sum set out above, conditioned for my personal appearance before said last named court on the .......... day of

1 ............................... AD. 19 9 at ..... .......... o'clock............... or upon notice by the court, and any other ourt provided for herein, to answer the said above described charge now pending against me and for any and all subsequent proceedings had relative to the charge. Now, if I as principal_shall make my personal appearance as

provided for herein before said ....................................District Court of Dallas County, Texas, in the Courthouse in the City of Dallas, Dallas County, Texas, and there remain from day to day and term to term of said court until dis- charged by due course of law, then and there to answer said above described charge, and shall personally appear as pro- vided for herein before any court in which this said cause may hereafter be legally pending as well as before any other court to which said cause may be transferred, at any time when, and place where, my presence may be required under the Code of Criminal Procedure of the State of Texas or by any of such courts, and there remain from day to day and term to term . of any such courts in which or before whomever said charge is pending, for any and all subsequent pro- ceedings had relative to the charge, until discharged by due course of law; THEN the above bond will be null and void, OTHERWISE to be and remain in full force and effect.

WITNESS my hand this .....Ce"*" day of............................ik 19 r ... ,117, Signature of De t as Principal / 32 &c /-foidseerft...................................................... Mailing Address of Defendant as Principal herein 75-7 C3-- P-15.7(R. &vie.................. Name of Employer or Business 51 1 7 eke-AS/MIT 5ui74— / /6.1- Place of Employment (Street Address)

...)$,..-d —40=01 District Court of Dallas,County, Texas at the "I swear that I will appear before the ............................ 2 Courthouse in the City of Dallas, in Dallas County, Texas, on the (" day of fr AD 19,,Zak ...f ".... o'clock M., or upon netice by the Court, or pay the court the principal sum of f •3 - -- ($ ...................... ) DOLLARS, plus all.......... ary d.realionable expenses incurred in any arrest for failure to appear."

Dant-Defe

SWORN to and subscribed by ........................................... before me, on this ......... l................ day of ne.......... A.D. 19.. it” NctmC.th LL Lwv, . y Clerk :Of cog udicIal,District ty, Texas — GO....... ;Deputy The foregoing bond taken and approved by me ....................... , A. D. 1912.P

(Pst McDowell) • .0 Judge, .. $-District Court - " Ur-- Dallas County, Texas DEFENDANT'S PERSONAL DATA

Defendant's full name: &eirob td-f-Za Aliases or nickname: Home address: ........... .................................................................................................. For ................. years Previous address: .............. ........................................................................................... For ................... years Phone: .............................. It . .................................. - .................................................................................................. Birthplace: ............................... Education (yrs.) .................... Ht: ....................... Wt: .................. Mk ea: ........................... Hair'.................................................................................. Res. Dallas Co. (yrs) ............................ ........unemployed, how long: ..................................................................... Name of present employer: ......................... ............................... His address: Phone: .............................. Type of work: Name of supervisor: .............................................. Employed since: Approx. TOTAL earnings past twelve months (afted ins): $ ......................................................................... Name of former employer: ............................................. ..... his liddreSs: ......................................................... Phone: ............................. Type of work: ............... Name of supervisor .................................................... .............. ......... Employed from .................. to ............... Reason for leaving: Marital status (circle) S MWD Sep. ALL minor chil en (No. ......................................... Spouse: ....................................................................... Addre Church & Pastor ..................................................................... Home: Rent? ...................... Own? ............... Monthly rent or pa Military service (circle) A AF M N CG From .............................. ........ to ........................................... Type discharge: ............................................................... Pension? ............. Amt: $ ....................................... Auto: Make ........................................................... Body type ............ ........... .......... Model Auto license No.............................................................. Texas or ........................ .......................... Oper. Comm. Chauf. Driver's license No. ............................................................................. Expires ........................................ Social Security No. ....................................................... Three Dallas County Residents who will ALWAYS know your whereabouts: 1. Name .................................................................. Address ......................................................................... Phone .................................................................. Relationship 2. Name .................................................................. Address ..... Phone .................................................................. Relationship 3. Name .................................................................. Address ..... Phone .................................................................. Relationship How many times have you been arrested before? ..................................................................... Have you ever been convicted of an offense other than a traffic ticket? Describe time, place and nature of offense: ...................................................................................

Have you ever been on probation? .................................... Offense ..................................................................... Officer ............................................. Address ........................................................... Revoked? Discuss ......................................................................................................................................... Have you ever been on parole? ......................................... Offense ..................................................................... Officer ............................................. Address ........................................................... Revoked? Discuss ....................................................................................................................................... Have you ever been on bond? .............. How many times? ........................ Charges .................. .................................................................................... Name of bondsman ............................... Defendant's Statement: I have voluntarily prepared the foregoing to submit to the Court as an exhibit to my appli- cation for personal bond, appearing on the reverse side hereof. I have carefully checked the same for accuracy and understand that any false statement made herein may be grounds for the Court to withhold or withdraw my personal bond at any time. I agree to allow the Court to contact any of the people t I have listed above to verify the inform-

Defendant's a re

0 2 5.

g mot ."...F9034163L

THE STATE OF TEXAS CRININAL . DISTRICT COURT NO. 5 VS. DALLAS COUNTY, TEXAS APRIL TARN. 1099 AMENDED MOTION TO gmvors PROBATION - the State of Texas by":andthronWher•OriAinal District. COMES NOW -. Attorney anctwonld. show tile Court the following - . . That ALVIN Kluft DEGRAPTEAREED' , Defendant, was duly" and legally . , .• ' . convicted in the theve'entitledend nunbarOdcAUSe in Criminal DiStrictr Court No 5 of Dallas County, Texas, on the 22ND day of.APAIL " 19:WPf:the:offeneeref • ' " ARSON,A,BCRARGED,IN:THEjNDICTNEAT : Placed on'probation for •A period of 3' years. . at'Defendant has Violated th following conditions That d. 6.11. n Aof Said probation.i. that -

PLF,ASE SEE ATTACHED PAGE 2.

This violation-offense occurred.afterAvril 22. 1996 -... and'cinring'.the. of probation. ‘ teitm , p y WHEREFORE, the 'state ra s : that said Defindant.be_cfted to aPPO4P . b efore this Honorible c Court . 4fid.8hOw case..TAW.the.PrOlation should h .be .revoked; and that upon a final hearin g , tha-...- PY4hation"heretOfore,:Oiad said Defendant, be revoked. This the 19th day of April . JOIN; VANO.H*, ,ttOrpsY.. DallasflJdfl tY, Ext. . .1 0*-.4,c Attorney -AS0sta -.- A:cOpTot..thisAlotion - was delivered -.. to the Defendant ... on .. the,.. day 0 ' . .- ,. . , A.D. 1999. ,

• Probation Officer . received a copy of thiemcitiOn on the ' - day of A. 199

. )1114 CH35894 - oefendant..., gt - • AMENDnI4OTIQN TO REVOKE PAGE 2.(-"1 RN: ALviN DRORARTNNREED NO: 1'90341631,c

(1) NimN 133rM:pRGRANTRRNERD did violate.condition(a).by . violating the laws of the State of:Texas.in that . ** otaboutOtto . er 21. 1997 in Dalla# county,- Texan he did unlaWf411Y,then.,4n4 there knowingly and intentionally on more than one occapion - and , pUrsuant to the anie scheteand-COUrse of CondUCt . diredtedsOedifidallYat anotherA3ata9Pc.' namely: PAR JOHNSON, , en:gag e : in , . condudt_thet.. dafendani knew and reasonably believed that . said pereOrfvouWregard as threatening:, (1) on one of said occaniona, On or about the 19th day of OCTOBER,, 1997, defendant did assault said PAK401000111mdb y said conduct : defendant didO reaSonably-balleVe-aaid4erootifwould i , regard as . threatening b d lk.1nJark ' Onddeath fOrsaidi3OaraOnand-,01.104:liaid: . 1 person to bel?laced inJear Oftb0d1.1y : injUry ,-andAeath for said and would cause eCreaeOnable PersOm.tofedr:bodily'inJurY:401;d04th;gOr said person,and'further, (2) on one of said occasions, on-Or : ebout-the : . 21st.day of October, 1997,- defendant did go to said PAN onusow's apartment complex and used threatening language to.W#4 8 0.4.Phit4PHREON' and.:.b y said cent:144— defendant 'did reasionably,balieVenaid.persoh ohid:negerd-e0. threatening bodily injury and death for ea Wperson, and,canse:e44... ,PersOn:to.be placed in fear of Wily injurk-and.deathjOr'naidj.00tRon; . and would cause a reasonable person to fear bodily:injuryand;:deatii:por.. said-person.-. . 'ALVINACRITRIN194ArENEW did violate condition (d) An,thai:he*tiso .

' report to the probation a0Aireoted10,the months of November, 1997 through, April, . 1099.: , , ..(4) ALEINARDMARMETIMPAIZAid violets . CtinciitIOriAOY 41 thatAinmDved,-. from lastOcoOn.addt000:atlto4'bel.-00",,M0*P ite:ori'or::ObOut l : October-22. 1997 . and : Iiiiledto adVisiAhn,P -. '4110?reSidence witbin.tOenty-four hours, as

-(5) AIVINACEITH DpGRAMMR111611,', did 0late 004 '6;1 pay for court costs &aline as directed (6 did violate cc in .t at he did not ) pay a : probation fee as directed and is $1.00.:00--delinguent. - AZIMA rs . , 4 did violate condition (1) in t he did not pay restitution to Cri m es tOPP a rs as diFected delinquent $25.00. ALUILIBITIUMOBAMEZIED_ did Violate ycondition (n) in that he did not pay Court-appointed attorne fees as directed and JO delinquent $300.00 . (3) 11193ffaMILUAGEMBERWEL p did violate condition (P) in that he did not aymestitutA0nras directed and is delinquent $1.269.70 ce: ;

94; 44 • .s."\v. ORIN

PROBATION VIOLATION

.CAUSE NO. F90341631,

THE STATE OF TEXAS gabaan_IMBUNR This day of November A.D. 1997 21st VS. . Honorable MANNY ALVAREZ, Judge Criminal District Court No. 5 ALVIN KEITH DBGRAPTENREED Defendant DSO #: 0471578 DATE OF BIRTH: 11/21/fil LAST KNOWN ADDRESS: . At Lame RACE: 11 x MALE - 1804 Del Oak HAIR: =MID_ E T : EXPEND Nesaulte. PK 75149 HT: 5'9 " WI: 180 lbs. Offense: ARSON

To any sheriff or any Constable of the State of Texas YOU RE HEREBY COMMANDED to take the body Of ALVIN KEITH DEGRAFTENREED ' who has been Charged by .indictment.fOr.a. felony offense and pleced'on:probatiOn, and bitir . eafelY keepsOthatA!OU! have him before the Honorable MANNY ALVARE Crilninal'Oidtrict Cour t No . 5 of Dallas County, Texas at the Courthouse, . thereof-in the City01:: instanter, then andtheretC:answei-THW .STATE OF,TEZAS,against the said ALVIN:KEITH DEGRAFTENREED for Violation of:the'conditione of probation in Cause No. 111.03063L State of Texas ve, ALVIN KEITH DEGRAFTENREED.

MEIN FAIL NOT, but have ynu then And there this writ, thOwing ,you have executed the same. . Gi ficial seal of said Court of Dallas County, Texas, zigg day of /MEL A.D. .1997,,

Gge-,7 lerk j udge Mar* A1va;m2, criminal Distria Court No .5 • Dallas county, Texas

EARDEEILEBKoli.

Came to -hand this day . of , AD 19

day of • , A.D. 19 NO: R90341631.

ThE STATE OF TEXAS CRIMINAL . „ DISTRICT . COURT NO.

vs. DALLAS COUNTY, TEXAS

AME-SalniigannERMINR OCTOBER TERM, 1997 NOTION TO REVOKE PROBATION COMES NOW the state of Texas by and through her Criminal District Attorney and would show the Court the following: That NILUKINIZILDNONIEZNENNNIL, Defendant, was duly and legally convicted in the above entitled and numbered cause in Criminal District court No. 5 of Dallas County, Texas, on the 22ND day of APRIL , A.D. 19Nfi of the offense of ARSON, AS CHARGED IN THE INDICTMENT and placed on probation for a Period of 3 Years. That Defendant has violated the following conditions a, e. n of said probation in that

, PLEASE SEE ATTACHED PAGE 2. p This violation-offense occurred afterA ril 22. 1996 and 'during the , term of Probation; • . WHEREFORE, the State prays that said Defendant be cited to .appear before this Honorable ,court and Shaw cause whttbe . kobetion shoUld.nOt.be rOVOKsd; ' and that upon a final hearing, the probation heretofore granted. said Defendant be revoked. This the 21st day of November A.IL'i9p72 . cz, JOHN VANCE District Attorney Dallas ; JTex-Ns BY: Trk- Assistant District Attorney - Zne A Copy of thiC 1 111111 Motion wa delivered to the Defendant on the day of 7-A.D. 1997.

Probation Officer I received a Copy Of this motion on the - day of A.D. 1997... ,

mL# C '35894 Defendant OTION TO REVOKE PA6S-2.

RE: ALVIN DEGRAPTENRESD NO; F903416311

, ( 1) ALIGEHAMEJIIIMEEMBEM did. violate . condition . .( a) by violating the laws of the State of Texas in that on or aboutOctober gt. 1997 in • Pallas County Texas he did unlawfully, then and there knowingly and intentionally on more than One occasion and Pursuant to the same and course Of conduct directed specifically at another person, : scheme namely PAm JOHNSON, engage in conductthet-defendant knew and ,reasonably believed that said person Wouldregard as threatening:, - - to-wit: •

(1) on one of said occasions, on or about the 19th day of OCTOBER, 1991, defendant did assault said PAM JOHNSON and by said conduct: defendant did reasonably believe said person would regard as threatening bodily injury and death- for said person, and cause said person to be placed in fear . Of,bodily injury and death for said person, and would cause a reasonable PerlitontO : fearbodily injury ind1eatbzfor.' said Person,and further, . - • -- (2) on one of said occasions, on or about the21stday of October, 1997, defendant did go to said PAN JOHNSON'S apartment comOlex:and,used :threatening language toward said PAM JOHNSON and by said conduct defendant'did-reasonably believe said person WOuld,regar&as threatening bodily .injury and death for said person, andcausLsaid person to be placed in fear of bodily injury-and-death for said person., 1411d would cause a reasonable parson to fear bodily injury and death-ldr. said person. . , ALVIN KEITH DEGRAPTENREED did violate condition (e) in that he Moved ::-from his last known address at 1804 . -Del'oaX, - Mesquite on or About October 22. 1997 and failed to advise the Probation offider:oVhis new residence within twenty-four hdurs.a$:direOtd:.' " . . -(3) a11fnuottinicitannem_ did violate conditio ft. ( h) in that hi:did..no % pay for court Coritsand fine as directed and L14360.00 delinquent.' (4) did violate c nditi 11 .(1)-1 046hat he not pay- e probation fee directed and is: ' )-404,411sist. . , . )0%,ti-el . (5) ALIDLIATILUSIBILOMREP did violate condition (1) in that he did-ndt pay restitution to Crinestoppers-as directed and is delinquertt $25.00.',-- .

, (6) AIMILISUILLEMBAJECRMIL did violate condition (n) in that • he did not pay Court-appointed attorney fees EIS directed and Is .- • ' ?,.delinquent $180.00 . , .. i (7) Atimuiranurammilem._ did violate condition (p) in that he did not pay restitution as directed and is delinquent $589.70 ONAPPRarusrarap TRIAL DOCKET — CRIMINAL DISTRICT COURT — DALLAS COUNTY, TEXAS BAIL STATUS: QL N . F90-34163 STATE OF TEXAS ATTORNEYS . OFFENSE DATE Of FILING

ALVIN KEITH DEGRAFTENREED ARSON, 4171DEGREE FELONY. AS CHARGED TN THE TNITICTMEN" OCT 15. 1990

SEP 0 6 1991 JURY WAIVED, DEFENDANT ARRAIGNED. DEFENDANT WARNED. PLEA OF GUILTY : •• •U .... • . • • ii . t ENEE TO PROVE DFFFNDANT'S GUILTY AS CHARGED IN THE INDICTMENT — INFOR- MATION, BEYOND A R • SONABLE DOUBT AND THAT SAID FFENSE WAS a .t, e . - • - 0 ve URTHER -..• .,. ADJUDICATION IS DE RRED. DEFENDANT PLACED ON PROBATION FOR •. ,..,---:4". d• ' 4. , :•.- e

DOLLARS TAXED TO DEFENDANT. ---;_t----- I MPOSIDON OF A FINE-INTHE AhdeltiNr - OF PSOO• DOLLARS ASSESSED . ;......................ft AGAINST DEFENDANT, THF FINF'TO BE id, tite LAC !AMP! lb, I .111 the DLIC111.611 PAID BY . on this :Ioart sheet, lee fingerprint am is itat Ci my rtzat ifICV ligtr.

.45 , Print takte Alia eta

pegovib STATE OF TEXAS

vs. N. F-903 q 1(03 „ eD IN eerA

DATE OF ORDER ORDERS OF COURT 13/m it-a ct—or.: 3 , 0/.... 96 I-- /2- - fa 74 3c--- e q 44_12. r- prs--61. 464_ • q 4-tc eii... "5-I lb t., TT- le,...i.-- 704.,/,.2,,,54,..,..,___> .9 -- /9-,, fr--.),- ,,_ J -..e Aez- .7 --7,7:4,4 JUN 3 - 1993 1-.. -8-4.Q=430v.-- ; . ___., o4-40. 3 , - /- '71 A .2 9- if; / b PP 4 i -.23 -- 5 *-- //- 23 .19 /A-1-17 ,6464.

. . ... ..... ..... ,... . ,

1 Cerise No . Y5/%4-.7.-.7c2 TILE STATE, OF TEXAS • • 1 g .'PHE V. . -,DiSTRICT COURT DALLA S COUNTY TEXAS iegAS Atzle,..."---/ • . EA BARGAIN AGREEMENT TO THE HONORABLE JUDGE OF SAID COURT: • Crimes , now peg ncian-t.- i- :cpunsei-:fOr;_ . . Defendarit;--.arid Counsel , . for - . agreement ,State herein and would. ahow • that . a . plea bargain has been entered into'between ,:trie -underaigried,-.and: that under the terms Of - ' said agreement loi th sides agree they Will wive‘their'''Ight to • - p•

- ' jury' trial and . agree . to and. . -rect.:, , ..9.. . and..the IfOlIOwing . . , . • • ,• : - "• .•' . Defendant : will plead nobO • .contendere' .. Defenynt will testify will not testify co inenient, in Penitentiary. for years. confinement in. (State Jail] [County -Jail] for [daira (years]i fine $ • NO PROBATION / PROBATION TO BE GRANTED 'FOR terms and sj- years subject to 'all the conditions imposed by the trial court. • - Further , the judge, as provided by Article 42.12, Sec. 1)..& .

15 v.A.C.C.,P.., -may at any time during the period of probation .. alter or modify the conditions. 9 confinement in -[State, [County Jail] for days as a condition of .Probation., supervised 'work or cOmmunity ;service for hours ' as required by Article . . 42.12, Sec. 16 . •

SHOCK PROBATION TO BE GRANTED . . days, after sentence, subject to good . behaviOr of defendant in the Pen * entiary; participation - in . spEciAr., ALTERNATIVE INCARCERAT PROGRAM. Conviction to be as follows: Felony • isde Noo-oOlaXXOtloo - Deferred' ProbatiOn , - No credit for back time 'served Defendant's back time date 'Additional provisions of the agreement are

The undersigned certify ... they have read the terms of the above , _. - agreement and that it-fully contains A.,11 . the provisions of saxot agreement- JORN VANCE' I -DISTRI RNE •DAL Y, ant--

ssistan sti A torney '- Coj el for 'Defender) 1f a victim ;-,statement.,has,.• been reb ta:::the9 ststei'c co OI said statrament , afiell')Oa : turned ,Dver‘ e..,; COurt by :the::; : State . tlartapiesAitirit to-tb.e. ,: cciii# . , . .s '-adce-* thi ea DRAWER #47

4'tooe.\'(\t")( THE STATE OF TEXAS CAUSE NO. 74.X7- -67/as-ca_ VS. 610*.o.-,...7 DISTRICT COURT

PLEA OF TRUE AND STIPULATION OF EVIDENCE IN PROBATION REVOCATION HEARING TO THE HONORABLE JUDGE OF SAID COURT: Comes now Defendant in the above cause, in open Court, and acknowledges having been served with a copy of the Motion to Revoke Probation herein, waives reading of said Motion in open Court, and enters his plea of TRUE to the allegations of said Motion. Defendant consents to the stipulation of evidence at hearing of this cause, and waives the appearance, confronation and cross- examination of said witnesses. Defendant consents to the introduc- tion of testimony orally, by affidavits, written statements of witnesses and other documentary evidence. I DO FURTHER JUDICIALLY CONFESS that the following facts are true and correct: That on e' 19 / , I was duly and legally placed on pr ation in this cause for a period of years beginning on said date. I received and was explained and under- stood the conditions of probation set down by the Court in this case. Since having been placed on probation, and while under probation, I have violated the conditions of probation in the following manners:

(2) ALVtN ITii pEGR IRED did.viOlSte ponditiOn(,d) in_thetfie,did not report to the , probation i 0Aficer,asAirectedrfOr - the . iOntht of July, - 1995, through January, 1196. (3) AlIMUCEI THI IMMEMBZM did violate condition .(h) .. in that he did-not pay for court 7 costsand,.fine 4 as directed and,is $480.00 delinquent.

(4) ALVIN KEITH DEGRAFTENREED did violate condition (j) in that he did not pay a probation fee as directed and is delinquent $280.00 .

(5) ALVIN KEITH DEGRAPTENABED did violate condition (k) in that he did notpay - restitution - to crimestoppereras-directed and is - delinquent $25.00. (6) ALVIN KEITH DEGRAFTENREED did violate condition (m) in that he did not pay restitution at directed and is delinquent $1.430A0 .

WORN TO B on this th day of BILL LONG DISTRICT CLERK, Dallas County, Texas By Deputy le tt ct Kerk *

NO:F90-34163-L THE STATE OF TEXAS CRIMINAL DISTRICT COURT NO. 5

ALVIN KEITH DEGRAFTENREED OCTOBER TERM, 1995 MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT COMES NOW the State of Texas by and through her Criminal District Attorney and would show the Court the following: That ALVIN KEITH DEGRAFTENREED, Defendant was duly and legally placed on probation for a period of 5 years in the above entitled and numbered cause in Criminal p District Court No. 5 of Dallas County, Texas, on the 6th day of Se tember , A.D.19 91 for the offense of: ARSON, AS CHARGED IN THE INDICTMENT That the Defendant has violated the following conditions a, d, h, k, m of said probation in that (1) ALVIN KEITH DEGRAFTENREED did violate condition (a) by violating the laws of the State of Texas in that on or about Jul y 21, 1995 in Dallas County, Texas he did unlawfully, then and there attempt to start a fire with intent to destroy and damage a BUILDING, owned by LADAROLD BROWN knowing that it was within the limits of DALLAS, an incorporated city and town, said act amounting to more than mere preparation that tended but failed to effect the commission of the offense intended. (2) ALVIN KEITH DEGRAFTENREED did violate condition (d) in that he did not report to the probation officer as directed for the months of July and August, 1995. (3) ALVIN KEITH DEGRAFTENREED did violate condition (h) in that he did not pay for court costs and fine as directed and is $329.70 delinquent. (4) ALVIN KEITH DEGRAFTENREED did violate condition (j) in that he did not pay a probation fee as directed and is delinquent $120.00 . (5) ALVIN KEITH DEGRAFTENREED did violate condition (k) in that he did not pay restitution to Crimestoppers as directed and is delinquent $25.00. (6) ALVIN KEITH DEGRAFTENREED did violate condition (m) in that he did not pay restitution as directed and is delinquent $1,380.00 .

This violation-offense occurred after September 6, 1991 , and during the term of probation. WHEREFORE, the State prays that said Defendant be cited to appear before this Honorable Court and show cause why the Court should not proceed with an vidudication . of guilt on the original charge, OD This • the 3rd . day of October A.D.1995 .

JOHN VANCE i•ene District Attorney Dallas County, Texas BY: Assistant District Aqorney A copy of this motion was delivered to the Defendant on the day of , A.D. 1995. Probation Officer I received a copy of this motion on the day of A.D. 1995.

Defendant MLit C-35894 OsSPOSITICSN .5 ROSECUTION REPORT 2 &WM,. SECT:'. s

DFD/Arson 1 3ATE CAL:-AS POLICE DEPARTMENT DFD=50854 FF 3 Miff STMATOR SSE CD• OL WARRANT. COURT K. F. Sipes DOCK-ET iNV S WORK PHONE I 5 TYPIST =-7-L- 4133 ET ROD 670-4312 ; CMY I ...,.„,. COMPLETE PRELIM E SUPPL G.J.R. FIIL ADULT 0 JUV

• : F SUPPLEMENT INDICATE TO: 113. DATE OF ORIG. REPT. '. REASON FOR ADD. I CORRECTED NAME SUPPLEMENT: f i I COMPLETE M PRELIM. I INFO. INFO. CHANGE • AILED D.P.D. WALKED 15. JUDGE '7 OTHER CO. i n BY OFFICER ,ao DATE 4ITH X LEGAL THRU LIAISON JUDGE (._.a4,),1 6 i .' E P 2 5 i99[ 22. • STATUS OF SUSPECT D ARRESTED Ei AT LARGE' LOCATION G.J.R. OF SUSPECT At Large v .. 1 ARRESTING WORKSHEET 3FFICERMILI.D. FILING

SUSPECT DEGRAFTENREED, Alvin Keith :9 30

RACE 7.1 SEX :•! AGE 23 DOB 11 — 24 -61 RESIDENCE - 5 Morris St. 31. 33 DATE OF ARREST TIME OF ARREST ADD. OF ARREST 35 38 DATE OF OFFENSE ?— ;' 0 TIME OF OFF. a.m. ADD. OF OFFENSE 1925 High Hill Blvd.

COMPLAINANT 7.' a1las Fire Department, Captain K. F. Sipes

'.1 0W COMMITTED Suspect set car on fire w/matches and possiblv flammable liquid.

CHARGE ARSON :3.02/F-2 4/.CLga p , opERTY TAXENN1 VALUE s 2,000 LOSS: 5 2,000 0 as REL. TO OWNER YES 0 NO /41•1S)L 1.1

EviosNcs&smums .1 witness statements 5 55 3 TAG 4 5, " LOCA. EV1D. NOW =7:0854 "014 Main s4 14 RECORD CHECK yes, attached 47 11 n/a RACE SEX 0013 ACCOMPLICES FILED ON P.E.S. CALLED 1 0 YES El NO SUAUAART

Suspect threw a match in the front seat of his ex-oirlfripmi,s

7ehicle which flared uo and burned complete nf vehic-le

: UAGIVRATING I DATE BONDS METHOD DATE DATE WARNING I mAGIS • YAWS s•FOR•AATION FORM • OUT BEFORE INFO NorcLERK Ii I BY - . LiATTACHED JUDGE s MAC'S LEGAL LIAISON REVIEW A.v•iL SEC 0 SuPERv SORT APAROvAL I ss s 0 • 51 OATE • :1 DATF. COMPLAINANT: K. F. Sipes an testify that he obtainea witness Captain statements from witnesses s l and =2. Dallas Fire Dept. ind that he prepared this case for 2014 Main, #404 filing. Dallas, Texas 75201 A3. 670-4312

WITNESS *1: Ms. Annie Verdell Can testify that she saw suspect 1114 High Hill *13 standing in the dark on her rear porch Dallas, Texas = p out minutes efore her r_ur was set ;r) fire.

WITNESS.*2: Mr. Delwin Robinson Can testify that he saw suspect enter 1925 High Hill *A witness *1's vehicle from the driver's Dallas. Texas side, step out, light a match, and throw it into the front seat. Can testify that suspect dropped match box and ran after fire quickly flared.

WITNESS *3: W. A. Richardson Can estify that the fire was Captain' incendiary in origin. Dallas Fire Dept. 2014 Main *404 Dallas, TX 75201 670-4312

lg - I 7 Foi3Mime /- rir474P -'7"7176,14014 t VN * I DEFENDAW -4E rtiR; wnq KEIW 4 ' ° 0102. 1 , 2575 MORRIb 4MMUNST,DALLAS AT maw: ADDRESS LOCATION DPD FILING AGENCY DATE FILED 10-41790 - COURT X F SIPES COMPLAINANT C/C

' TRUE BILL OF INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, the Grand Jurors, good and lawful••

men of the County of Dallas, duly elected, tried, empaneled, sworn and charged to inquire of offenses 204TH JUDICIAL committed within the body of said Dallas County, upon their oaths do present in and to the JULY District Court, of Dallas. County, at the Term, A.D., 19

that one, ALVIN KEITH DEGRAFTENREED

9TH SEPT/2413ER hereinafter styled Defendant, on or about the day of in the year-of our 90 Lord One Thousand Nine Hundred and In the County of Dallas and State of Texas,

did unlawfully, then and there intentionally start a fire with intent to destroy and damage a automobile, oWnedATAAWS VADDELL, knowing that it was within the limits of DALLAS, Texas, an incorporated city and town

contrary tcybrfiprimtes Statute in such cases made and provided, and again e peace and dignity of the•State.

Foreman of the Grand Jury. Criminal District Attorney of Dallas County, Texas. 7—■ STillreOF TEXAS AFFIDAVIT FOR ARREST WARRANT COUNTY OF DALLAS BEFORE ME, the undersigned authority, on . this day personally appeared the undersigned affiant who, after being duly sworn by me, on oath stated: My name is J. PRELOW and I am a peace officer of the City of Dallas, Dallas County, Texas. I, the affiant, have good reason and do believe that on or about the 9 t h day of Se p tember 90 , 19 one (name of suspect) Alvin K. Degraftenreed did then and there in the City of Dallas, Dallas County, Texas commit the offense of Arson

a violation of Section B 7 07 of the Texas Penal Code

a Second Degree Felony Affiant's belief is based upon the following facts and information which Affiant received from:

0 Affiant's personal investigation of this alleged offense. Captain K. F. Sipes , a fellow peace officer of the City of Dallas, Dallas County, Texas, who personally participated in the investigation of this alleged offense, providing this information to Affiant, and whose information Affiant believes to be credible.

On September 9, 1990 at 2:11 a.m., the Dallas Fire Department responded to a car fire at 1925 High Hill Blvd. Captain W. A. Richardson, Dallas Fire Department Fire Investigator, was called to the scene and determined the fire to be incendiary in origin. Captain K. F. Sipes of the Dallas Fire Department, was assigned to complete the investigation. In his investigation, Captain Sipes found that the suspect was seen by his ex—girlfriend (Ms. Annie Verdell) standing on her porch about 2 minutes before her car was burned. Captain Sipes also obtained a witness statement from Witness #2 who stated that he saw suspect enter Ms. Verdell's vehicle from the driver's side, step out, light a match, and throw it into the front seat. The suspect then watched the fire flare up quickly and after dropping his box of matches, ran away. Witness *2 then quickly reported the fire to the Dallas Fire Department.

Fl a

WHEREFORE, Affiant requests that an arrest warrant be issued for the above accused individual in accordan e with the law.

SUBSCRIBED SWORN TO BEFORE ME on the day SEP z 6 1990 19 MAG RATE, IN AN Cirp su MIVII§OTE' S DETERMINATION OF PROBABLE CAUSE On this the day of 19 I hereby acknowledge that I have examined the foregoing affidavit and have determined that probable cause exists for the Issuance of an arrest warrant for the individual accused therein. n3-027407 POL-015295 WRIT NOS. W99-02631-R(A) and W00-01305-FR(B) CAUSE NOS. F99-02631-R and F00-01305-R

STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT AND DENNIS LEE ALLEN DALLAS COUNTY, TEXAS

SUPPLEMENTAL INFORMATION IN SUPPORT OF APPLICATIONS FOR WRIT OF HABEAS CORPUS

NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORSON c=>

MOZEE, and submits this Supplemental Information in Support of th ir r C) r

Applications for Writ of Habeas Corpus: - CO —0 I. =ra

„ _ r. At the writ hearing in this case, trial prosecutor Rick Jackson deniVd that theicD

- were any deals, agreements, arrangements or predictions or promises of leniency from the

State to the jailhouse informants in this case. However, Jackson admitted that the State,

by his words or those of others, did indicate to the informants that they could expect

some help from the State on their cases.

In support of the fact that the jailhouse informants were led to believe they would

receive help from the State on their cases, Applicants submit the following information

from John Paul Robinson. Robinson was one of the jailhouse informants who testified in

1 Allen's case. In Robinson's testimony, he claimed Allen made statements to him about

the offense. He also testified to the following under questioning by prosecutor Jackson:

"Q. Okay. Did you ask Detective Berry for something? A. No. . Okay. Did you ask him if he could help you out in your case? Q A. No. . Okay. Did he offer to help you out in your case? Q A. No. . Okay. Have I — I mean you and I have talked about this on one Q prior occasion; is that right? A. Yes. . All right. And have I told you that I was going to do anything for Q you in your case? A. No."

John Paul Robinson has now signed the attached statement which states:

"Dennis never told me he killed Rev. Borns. DA' or police called me down and said they knew I had gotten into fight with Dennis. They told me if I told them something about Dennis and Rev. Borns they would make sure I was ok on my case. DA gave me what to say in court, it was not accurate as to what Dennis told me."

Robinson's statement establishes that he did, in fact, have a deal or agreement

with the State and that his testimony was false.

Respec lly

G RYA. UDASHEN Bar Card No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road, Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Appearing on Behalf of the Innocence Project of Texas

DA in this signed statement refers to District Attorney.

2 r2-1.0 Q•001j.k.„ NINKMORRISON INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New York 10013 212-364-5340 212-264-5341 fax

EZEKIEL TYSON, JR. Bar Card No. 24034715 THE TYSON LAW FIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax

I, the undersigned, hereby certify that a true and correct copy of the foregoing Supplemental Information in Support of Applications for Writ of Habeas Corpus was delivered to Cynthia Garx and Patricia Cummings, Assistant Dallas County District Attorneys, on this the to' of November, 2015.

3 eyy7/1--- j ( - 0- 1 0 / 1

1 /,4

, 7-7'7

oe"-

r&-t7 s

GV-

n c c-6 67---7- r WRIT NOS. W99-02631-R(A) and W00-01305-FR(B) CAUSE NOS. F99-02631-R and F00-01305-R

STANLEY ORSON MOZEE 265 TH JUDICIAL DISTRICT AND DENNIS LEE ALLEN DALLAS COUNTY, TEXAS

SUPPLEMENT TO AMENDED APPLICATIONS FOR WRIT OF HABEAS CORPUS

NOW COMES the Applicants, DENNIS LEE ALLEN and STANLEY ORS& co MOZEE, and submits this Supplement to their Amended Applications for Writ Of Habeas --o Corpus and would show the following: - (1) c) I.

Applicant have filed Amended Applications for Writ of Habeas Corpus. Since

the date of the filing of the Amended Applications, the State has discovered and provided

to Applicants additional exculpatory evidence. This additional exculpatory evidence was

not provide to the defense at the time of trial.

Specifically, the State has informed Applicants that State's witness Charles

Manning had acted as a police informant on cases other than this case against Applicants.

The State has also informed Applicants that Charles Manning was suffering from severe

mental problems at the time he provided his statement to law enforcement. Additionally,

the State informed Applicants that Manning's work with the State in these prosecutions

1 against Mozee and Allen was presented to the judge in his case as a reason to allow

Manning to be released on bond in his own case. And the records show that Manning's

benefit to helping the State was that the State intervened on his behalf in his own case

and this was before he testified as a State's witness in this prosecution.

ARY A. UDASHEN Bar Card No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Appearing on Behalf of the Innocence Project of Texas

NINA MORRISON INNOCENCE PROJECT, INC. 40 Worth Street, Suite 701 New York, New York 10013 212-364-5340 212-264-5341 fax

Or°(7u7t-4 e----- EZEKIEL TYSON, JR. Bar Card No. 24034715 THE TYSON LAW FIRM 342 W. Montana Avenue Dallas, Texas 75224 214-942-9000 214-942-9001 fax

2 CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Supplement to Amended Applications for Writ of Habeas Corpus was delivered to Cynthia Garza and Patricia Cummings, Assistant Dallas County District Attorneys, on this the l e day of November, 2015.