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October 22, 22015 ~-" ..•. ___ ..
Ronald Wayne Schofield, #1434055 A.M. ''Mac" Stringfellow Unit This document contains some 1200 FM 655 pages that are of poor quality Rosharon, Texas 77583 at the time of imaging.
RE: PetitionforWrit of Mandamus, and Motion for Permission for Leave to File. J
Dear Abel Acosta: Enclosed please find above mentioned. Please file and bring to the attention of the Honorable Court. Thank you sir. Please notify me of receipt.
Sincerely, / ·=#:·&/ ~~Rb/ Ronald Wayne Schofield, Relator, Pro se
RECEIVED IN COURT OF CRIMINAL APPEALS
OCT 05 2015 • •
IN THE COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS
IN RE § IN THE DISTRICT COURT
RONALD WAYNE SCHOFIELD, § BRAZORIA COUNTY, TEXAS
RELATOR. § 23RD JUDICIAL DISTRICT
TRIAL CAUSE NO. 34,910
MOTION FOR PERMISSION FOR LEAVE TO FILE
TO TilE HONORABLE JUDGE(S) OF SAID COURT: COMES NOW, Ronald Wayne Schofield, Relator, Pro se, and respectfully gives notice and asks respectfully for permission.to file his Petition for Writ of Mandamus pursuant to the Texas Rules of Appellate Procedure, Rule 72.1.
Respectfully submitted,
Ronald Wayne Schofiela, Relator TDCJ~CID #1434055
A.M. ''Mac" Stringfellow Unit 1200 FM 655 Rosharon, Texas 77583 WRIT NO. --~-----------------------------
IN THE COURT .OF CRIMINAL APPEALS . AT AUSTIN, TEXAS
RONALD WAYNE SCHOFIELD, RELATOR, § IN THE DISTRICT COURT OF
vs. § BRAZORIA COUNTY, TEXAS
THE STATE OF TEXAS, RESPONDENT. § 23RD JUDICIAL DISTRICT
PETITION FOR WRIT OF MANDAMUS
RONALD WAYNE SCHOFIELD TDCJ-CID #1434055 A.M. "MAC" STRINGFELLOW UNIT 1200 FM 655 ROSHARON, TEXAS 77583
.;·:' IDENITIY OF PARTIES' Pursuant to Texas Rules of Appellate Procedure, Rule 38, the· following is a complete list of the names of all parties in reference to this cause of action so that the members of the Court may determine Whether they are disqualified to serve or should recuse themselves from participation in the decision of this cause.
RElAIDR Ronald Wayne Schofield TDCJ-CID #1434055 A.M. "Mac" Stringfellow Unit 1200 FM 655 Rosharon, Texas 77583
RESPONDEN!' Brazoria County District Attorney Jerilynn K. Yenne 408A Courthouse, 111 E. Locust Street Angleton, Texas 77515
PRESIDING JUDGE, 23RD DisrRICf. OOUIU The Honorable Ben Hardin Courthouse, 111 E. Locust Street, Rm. 404 Angleton, Texas 77515-4678
(i) - •..-;;;·······~ . ;;
.' ·. 1'."
TABLE OF OONTENI'S Page # IDENTITY OF PARTIES i TABLE OF CONTENTS ii INDEX OF AUTHORITIES iii STATEMENT OF THE CASE 1 SOLE ISSUE PRESENTED 2 The Trial Court erred in using one cause number in judging two criminal counts, as it did not require finding of guilt on both counts to convict. Texas Sex Offender Registration Statutes require verification of registration every 90 days to those with 2 or more , convictions. Relator suffers serious collateral con- sequences due to the 2nd count that was never judged. This is a denial of due process~ The Relator filed a Motion for Nunc Pro Tunc Order, the Trial Court will not respond to their error pursuant to State law. STATEMENT OF FACTS 2 SUMMARY OF ARGUMENT 3 ARGUMENTS AND AUTHORITIES 3-6 PRAYER 6 VERIFICATION 6 CERTIFICATE OF SERVICE 7 CERTIFICATE OF COMPLIANCE 7
(ii) .. INDEX OF AUTHORITIES References Page # FEDERAL STATUTES 28 u.s.c. §1746 6 SUPREME COURT REPORTER Hughes v. rowe, 101 S.Ct. 173 (1988) 3 FEDERAL REPORTER Wiggin v. Proct1I1ier, 753 F.2d 1318 (5th Cir. 1985) 3
STATE STATUTES Texas Constitution, Article 5, §8 1 Code of Criminal Procedure, Article 11.07 4 Rules of Appellate Procedure, Rule 9.4(e) 7 Rules of Appellate Procedure, Rule 9.4(i) 7 Rules of Appellate Procedure, Rule 23.1 5 Rules of Appellate Procedure, Rule 36 5 Rules ,::>f Appellate Procedure, Rule 38 i Rules of Appellate Procedure, .Rule 52~8 . 1 Rules of Appellate Procedure, RiJle 72 1 . Rules of Appellate procedure, Rule 78 .1 1
SOU'IHWESTERN REPORTER Ex. Rel Holmes v. Salinas, .784 SW2d 421 (Tex. Cr.App.1990) 4· Ex Rel Robinson, 116 SW3d 115 (Tex.App.-[14Dist.]2002) 4 Ex Rel Rosenthal v. Poe, 98 SW3d 194 (Tex.Cr.App.2003) 4 Ex Rel Sistrunk, 142 SW3d 497 (Tex.App. [14Dist. 2004) 4 In Re Team Transport, Inc., 996 SW2d 256 (Tex.App.[14Dist.]1999) 5
Moon v. State, 572·SW2d 681 (Tex.Cr.App.1978) 4 Murray v. State, 392 SW3d 702 (Tex.App.-Dall2010) 4 Parks v. State, 553 SW2d 114 (Tex.Cr.App.1977) 4 Smith v. Rankin, 661 SW2d 152 (Tex.App.-[1stDist.]1983) 5 Thomps:)n v. State, 108 SW3d 287 (Tex.Cr.App.2003) 4 Vance v. Davidson, 903 SW2d 863 (Tex.App. -[1stDist. ]1995) 5 Villareal v. State, 418SW3d 920, 927 (Tex.App.-Austin2013) 5 West v. Solita, 563 SW2d 240 (Tex.Cr.App.1978) 4
(iii) WRIT NO. - - - - - -
IN THE COURT OF CRIMINAL APPEALS AT AUSTIN
TRIAL COURT NO. 34,910
IN RE § IN THE DISTRICT COURT OF
PEITTION FOR WRIT OF MANDAMUS
10 THE HONORABLE JUDGE(S) OF SAID COURT: COMES NOW, Ronald Wayne Schofield, Relator, Pro se, in the above styled and numbered cause, and respectfully presents this Petition for Writ of Mandamus pursuant to T.R.A.P. Rule 52.8 , Rule 72, and Texas Constitution, Article 5, §8. The Relator would show this Honorable Court the following:
I. JURISDICTION This Honorable Court does have jurisdiction over all matters and parties involved in this petition pursuant to Article 5, §8 of the Texas Constitution, and Rule 78.1, T.R.A.P.
II. STATEMENT OF THE CASE On January 4, 1999, the Relator was charged with two (2) counts of sexual assault of a child under 17 years of age. Relator appeared before the 23rd District Court Judge_ of Brazoria County, Texas. The Relator pled guilty and punishment was assessed at two (2) years confinement in TDCJ-CID. On September 11, 2003, the Relator was charged, and pled guilty to failure to comply with registration requirement, in the 23rd District Court of Braz- oria County, Texas, in Cause No. 44,919. Punishment was assessed at 159 days, misdemeanor punishment, and confinement in the Brazoria Gounty Jail. (1) On September 17, 2006, Relator was extradited from Henderson, Nevada, after completing any and all punishments. from any convictions. He was charged with failure to register as a sex offender in the 10th District Court of Galveston County, Texas. The Relator was charged as guilty on April 10, 2007, punishment assessed at 11 years confinement in TDCJ, for a 1st degree felony. On March 2, 2015, the Relator filed a Motion for Nunc Pro Tunc Order (See Exhibit "A") in the 23rd District Court of Brazoria County, Texas. As of the filing of this petition, no response has been received.
III. SOLE ISSUE PRESENTED The Trial Court erred in using one Cause Number in its hearing, judgment and sentencing, as it did not require a separate finding of guilt on both counts to convict. The actions by the Trial Judge causes the Relator to suffer collateral consequences under the Texas Sex Offender Registration Statutes. Under the statute a person with 2 or more convictions must verify registration every 90 days or face criminal prosecution. As seen in paragraph II, infra, the Relator has sufferd twice due to the illegal second conviction. The failure of .the Trial Court to file both cases separately, and hear them separately, was a denial of due process, as it only required a finding of guilt on one of the counts to convict the Relator on both counts. When the Relator filed his Motion for Nunc Pro Tunc Order, the Trial Court was under a ministerial duty to correct the error by deletion of Count TWo from the Judgment and Immediate Sentence Order. The Trial Court has viola- ted the Relator's Fourteenth Amendment.right to due process and equal pro- tection under Texas law.
IV. STATEMENT OF FACTS On January 4, 1999, the Relator was charged with two (2) counts of sexual assault of a child under 17 years of age, in the 23rd District Court of Brazoria County, Texas. The Relator pled guilty, and punishment was assessed at two (2) years confinement in the Texas Department ·of Criminal Justice -Correctional Institutional Division, "TDCJ-CID." This guilty plea did not require the Trial Judge to find the Relator guilty of both counts, since a court may find the Relator guilty of only one count for the indictment to be true. This case should have been presented with two cause numbers, not one.
(2) Because Texas Sex Offender Registration Statutes require a person with two convictions to verify registration every 90 days, the illegal conviction of two counts under one cause number has resulted in collateral consequences. Relator has. attempted to obtain relief by filing a Motion for Nunc Pro Ttinc Order in the 23rd District Court of Brazoria . County, Texas on March 2, 2015. But the 23rd District Court will not respond to the Motion, denying the Relator due process, as Texas caselaw precedence requires deletion of the second count. On the Relator's current incarceration, the Relator was extradited from Henderson, Nevada, after having completed any and all punishments from any convictions, for fail to register . as a sex offender. Note: The fact that punishment assessed was two. years, gives credence that the Trial Judge found the Relator guilty of only one count - not two.
VI. SUMMARY OF ARGUMENT · ·By Texas caselaw precedence, · the Trial Court erred in its failure to use two cause numbers when hearing the two counts of sexual assault of a child under 17 years of age. The fact only two years was assessed as punishment give·s credence · that· the Relator was found guilty of only one count, not of two. The failure to delete the second charge has caused serious collateral consequences to the Relator. Because Texas caselaw precedence shows the second conviction is illegal, the Relator filed a Motion for Nunc Pro Tunc Order in the 23rd District Court requesting correction/deletion of the second count. But the 23rd District Court has failed to respond to the Motion. This Petition follows, as, when the District Court failed to comply with State and Federal law, this denied the Relator due process. Because there is no other legal.remedy available to the Relator, he has the right to file this Petition for Writ of.Mandamus in this Honorable Court, and have this Court address his issues.
VI I. ARGUMENTS AND AUTHORITIES NOTICE: The Relator is not skilled nor trained in the science of law, and prays this Honorable Court not hold him to the same stringent standards as a licensed attorney pursuant to Wiggin v. Procunier, 753 F.2d 1318(5th Cir. 1985); Hughes v. Rowe, 101 S.Ct. 173 (1988).
(3) "A writ of mandamus may issue in a particular case to correct a clear abuse of discretion, particularly where remedy by way ~f appeal is inadequate." West v. Solito, 563 SW2d 240 (Tex,Cr.App.1978). The State presented a two count indictment against the Relator. When fiied by the Court Clerk, the Clerk failed to give both counts separate cause numbers, had this been the case. The Relator pled guilty to the two-count indictment charging him with sexual . . assault of a child. This. plea did not require the Trial Judge to find him guilty of both counts, since the Court could have found the Relator not guilty of one count, despite the guilty plea. See Moon v. State, 572 SW2d 681,682 (Tex .. Cr.App.1978). "If a single sentence is. imposed for more than one count, it is presumed that sentence is for the first count and the second count lacks a valid sent- ence." Murray v. State, 392 SW3d 702, 707(Tex.App. Dall. 2010, ref'd); Parks v. State, 553, SW2d 114,116(Tex.Cr.App.1977). "Because no sentence was pronounced on the second count, the judgment on count two amounts to a legal nullity." Thompson v. State, 108 SW3d 287,290 (Tex.Cr.App.2003). No notation in the judgment on count two is permissible. The notation that the judgment applies to count two was either an error by the Trial Judge, or a Clerical Error. In either case, it is a severable portion from the rest of the judgment pursuant to Thompson, supra. And because it is a void order, it should be set aside. See Ex Rel Holmes v. Salinas, 784 SW2d 42l,423 (Tex. Cr.App.1980)(trial court has ministerial duty to set aside void order); See also Ex Rel Rosenthal v. Poe, 98 SW3d 194,198-199(Tex.Cr.App.2003); Ex Rel Robinson, 116 SW3d 115,116 (Tex.App.[14thDist.]2002); Ex Rel Sistrunk, 142 SW3d 497,500 (Tex.App.[14thDistJ2004). Though count two is clearly void and illegal,, Relator lacks any adequate remedy, other than Motion for Nunc Pro Tunc Order, to having count two set aside. The error is not subject to appeal. (See Thompson, supra, at 290). It is also not subject to review by habeas corpus, because under Article 11.07, V.A. C. C. P. such review only applies to a final conviction, and that portion. of the judgment does not involve a j~dgment that is final. Id. The Relator has set forth quite clearly the collateral consequences he has . suffered, and ·continues to suffer because of his invalid judgment. The Relator has attempted various times through nunc pro·tunc and mandamus writs to have this remedied without success.
(4) Pursuant to Texas Rules of Appellate Procedure, Rule 23.1, "a failure to render judgment. .. may be corrected at any time by the Court doing so." Deletion of count two would be a viable remedy for count two on the judgment for which no conviction was entered, because no sentence was imposed, due to the plea bargain agreement for a single two year sentence with no notation of the two years concurrent or consecutive on count two. See Villareal v. State, 418 SW3d 920,927(Tex.Ap~~-Austin2013)(trial court ordered to set aside order that was inconsistent with plea bargain). Pursuant to Rules of Appellate Procedure, Rule 36, the Trial Court Judge has no discretion in deleting the second count because he did not impose sentence on the second count, nor can he now sentence the Relator on the second c~unt, because the Relator, ''Prosecutor, and Trial' Attorney, signed a Plea Agreement of which the sentence has been served." Because the 23rd district Court Judge'has failed to do a ministerial non~ discretional duty, the Relator has no other legal avenue available other than this Petition for Writ of ·Mandamus. requesting this Honorable Cou:rrt to Order the Trial Judge to abide by the law and delete count two from the Relator's Judgment and Sentencing. "Mandamus relief is available if the 'trial court violates a duty imposed by law or clearly abuses its discretion, either in,~esolving factual issues or in determining legal issues, when there is no adequate remedy at law." In Re Team Transport, Inc., 996 SW2d 256 (Tex.App. [14thDist. ]1999). "Court of Appeals is empowered to grant writ of mandamus against public officiaL to compel performance of the, act clearly required by la:w, and which is ministerial in its nature, and involvesno exercise of discretion." Smith v. Rankin, 661 SW2d 152 (Tex.App.-[1stDist.]1983). Pursuant to Rules of Appellate Procedure, Rule 78.1, ."The.Court of Appeals may: (e) vacate the judgment of the lower court and dismiss the case." "The Court of Appeals may make any other appropriate order required by 'the law, and the nature of the case."' "Fact that remedy at law technically exist will not default entitlement to Writ of Mandamus when , the remedy is so uncertain, tedious, burdensome, slow, inconvenient, inappropriate, or ineffective, as to be deemed inadequate." Vance v. Davidson, 903 SW2d 863 (Tex.App. -[1stDist. ]1995)."
(5) The Trial Court erred in failing to: 1) delete count two from the judgment and sentence order, or, 2) order two cause numbers to be used to show proper hearing, judgment and sentencing .of each count charged in the indictment. Such error has resulted in serious collateral consequences to the Relator. The Trial Court abused. its discretion in failing to perform a ministerial duty by failing to hear and address the Relator's Motion for Nunc Pro Tunc Order filed March 2nd, 2015. Thus, the sole remedy available to the Relator is this Petition for wtit of Mandamus.
PRAYER WHEREFORE, ALL PREMISES CONSIDERED, the Relator prays this Honorable Court GRANT this Petttion for Writ of Mandamus and Order the 23rd Judicial District Court of Brazoria County, Texas, to delete the second count of sexual assault of a child under 17 years.of age from the Judgment and Sentencing Order in Cause No .. 34,,?10, 1 and, send a Certified Copy of the Amended Judgment and Immediate Sentence Order · to the Relator. Furthermore, send a Certified Copy of the Amended Judgment and Immediate Sentence Order-~to the Texas Department of Criminal Justice Classification and · Records Department to be made a part of the Commitment now in its hands.
Pro se "Mac" Stringfellow Unit
Rosharon; . Texas 77 583 VERIFICATION .I, Ronald Wayne Schofield, Relator, Pro se, in the above Petition for Writ of Mandamus, being presently incarcerated in the Stringfellow Unit of the TDCJ-CID, in Brazoria County, Texas do hereby verify and declare under penalty of perjury that the statements contained within this Petition for wtit of Mandamus are true and .correct. Affirmation made pursuant to 28 U.S. C.. §1746.
Executed on this the L. ne::>/" day·.of ~~ • , 2015.
1!!£ kb/( ~Lb/ (6) CERTIFICATE OF SERVICE I, Ronald Wayne Schofield, Petitioner, Pro se, hereby certify that a true and correct copy of this Petition for Writ of Mandamus has been served on the Respondent by placing a true and correct copy of ·the same in the U.S. Mail, postage prepaid, first clas mail, addressed to: Brazoria County District Attorney Jerilynn K. Yenne 408A, Courthouse, 111 E. Locust Street Angleton, Texas 77515
Executed on this 2.n.o/ day O"-.cZr6~ of -=~==~=:~---------------- ' 2015.
Ronald Wayne Schofield, TDCJ-CID #1434055 Petitioner, Pro se
CERTIFICATE OF COMPLIANCE This document complies with the typeface requirements of Tex. R.App. Procedure, Rule 9.4(e) because it has been prepared in conventional typeface no smaller than 14-point for text. This document also complies with the word-count limitations of Tex.R.App. Procedure, Rule 9.4(i) because it contains ~L/9-s/ words. . ~ F4'¢%1a/. Ronald Wayne Schofield, #1434055 A.M. ''Mac" Stringfellow Unit 1200 FM 655 Rosharon, Texas 77583 -1
en EXHQ3IT "A"
·IN THE
23RD JUDICIAL DISTRICT _COURT BRAZORIA COUNTY, TEXAS
THE STATE OF TEXAS vs., RONALD WAYNE SCHOFIELD
MOTION FOR NUNC PRO TUNC ORQER CAUSE NO• 34;910 ' l
i' '- . ( RONALD WAYNE SCHOFIELD .-· STRINGFEL~ UNIT ~;--:; nl434055 1200 FM 655 ~· I •"
ROSHARON, TEXAS/ 77S8:f ., ....-- \~
'';"'~-·-"···· CAUSE NO;. 34,910
THE STATE OF TEXAS § IN TRE DISTRICT COURT OF
RONALD WAYNE SCHOFIELD. 23RD JUDICIAL DISTRICT
MOTION FOR NtJNC; PRO TUNC ORDER
TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, RONALD WAYNe SCHOFIELD, the Defendant in the above styled and numbered cause, and moves this Honorable Court for a nunc pro tunc order, pursuant to Tex. R. App. Proc. 23.1. In support of this motion, Defendant v
will show the following:
I. A party is entitled to seek correction of a clerical error by motion for nunc pro tunc order. sta.t~y. Ro~s, 953 SW2d 748, 751-752 (Tex.cr.App. 1997). (.. . . . -- A clerical error exists if the judgment erroneously fails to include something the law requires. Id •.
II.
Article 42.01, Section 1 (13}, Code of Criminal Procedure, requires the judgment to include the offense or offenses for t'ihich the defendant was convicted. The judgment in the present case fails to include the offenses for which the Defendant was convicted because Defendant was never convicted of counts 1 & 2. See Thompson v. State, 108 m·Od 287,290 (Tex.Cr.App.2003}, ~- .. ·.·.: ... :·.~-- ......... ~t- -~~~-
finding of guilt on two counts resulting in only one sentence does not produce final t'conviction" for. unsentenced count which may be appealed. ·
(1) ' .
J I
III.
Defendant pled guilty to a two count indictment charging him with sexual assault in return for a two year sentence. A copy of the indictment-plea agreement-judgment are attached. This guilty plea did not require a finding of guilt on both counts since a court may find the defendant not guilty, despite a guilty plea. See M~n v. State, 572 SW29 681,682 (Tex.cr.App.l978).
IV.
On January 4, 1999, the Trial Court entered a judgment stating "Offense: \
Cts. 1: ' & 2 Sexual Assault of a Child: Criminal Episode," and sentenced the Defendant to two years TDCJ. A copy of the judgment is appended.
v. The judgment notation "Cts. 1 & 2" is a clerical error which the Court should correct by striking the wo~ds "Cts. 1&2" fro."ll the judgment with a nunc pro tunc order. Even if the error is due to an error .of judicial reasoning, the notation is nonethe less void and a legal nullity and should be corr~cted by a nunc pro tunc order, for the following reasons:
VI. If a single sentence is imposed f,or more than one count, it is presumed that sentence is for ~he first count and the second count lacks a valid sentence. Murray v. State, 392 SW3d70~,707 (Tex.App.Dallas2010,ref'd): Parka . - ~--; .. ··. . :... ~~~
v. State, 553 g.q2d 114, 116 (Tex.cr.App.l977) • .. Jf.li!'. ·•• \''(.':)•
VII. Because no sentence tvas pronounced on the second count, the judgment on count two amounts to a legal nullity. Thompson, supra, 108 SW3d at 292.
(2) --··-- No notation in the judgment on count two is permissible. The notation that. '"'\
the judgment applies to count two was either made in error or amounts to
clerical error. In either case, it is a severable portion from the rest of
the judgment, according to Thompson. And because it is a. void order, it should
be set aside. See Ex Rel Ho!mes. v~ Salinas, .784 SW2d 421, 4~3 (Tex.cr.App.
1990)(triai court has ministerial duty to set aside ·void oJ;'der): State Ex Rel Rosenthal v.· Poe, 98 SW3d 195,.198-99 (Tex.Cr.App.2003}(same): InRe . . ' t ,. - ...
State. Ex. Rel Robinson, 116 SW3d llS, :117 (Tex.App.[l4th Dist.J !Ho~ston 20020; ' ' '
In Re .state Ex Rel Sistrunk, 142 SW3d 497, 500 (Tex.App.] 14th Dist. 1 2004) ~
VIII. Though the count two notation is clearly void and ill~gal, Defendant lacks an adequate remedy at law· for having it set aside. The error . ;s not subject
to apPE!!al~ . Thompson, 108 SW3d @ 290. It also is not subje.ct .to review .by habeas .corpus, because such review under 11.07 only applies to final convictions and that pOrtion of the judgment does not inv6i~e· . a judgment . \
that is final. Id. Over the years Defendant has attempted numerous nunc pro ' . tunc and mandamus writs to have it .remedied without success.
IX. Defendant suffers serious collateral consequences because of the void .,
notation. Artcle 62.058(a) Code of Criminal Procedure requires verification
of sex offender registration every 90 days, instead of annually, if two or . I
more convictions exist. If the person with multiple convictions fails to
comply, he is subject to a much harsher range of punishment than a person
with only one convictiono Article 62.102(b)(3), Code of Criminal Procedure.
On September 11, 2003, Defendant was convicted in this 23rd Judicial
District Court in cause No. 44,919 for the offense of Failure TO Comply With
Registr~tion, the Honorable Pat Sabesta· presiding, for a first offense of (3) failure to comply with the requirement·. for a state jaif felony and he was punished as a misdemeanor: under §12.44 c.c.P. (a), and received 159 days in the county jail. See Tex. Code Crim. Proc. Ann. art. 62.102(b)(l). See Plea Agreement and Judgment attached. When Defendant was released under the judgment, he was warned that he would be required to verify registration every 90 days because he had two convictions. See "Pre-Release Notification Form, Texas Sex Qffertder Registra- tion Program" signed on 7/26/2000 attached hereto. A more recent Texas Depart• ment of' Criminal Justice "Commitment Inquiry" dated December ;·~o, .. 2010, also :,·.
attached, shows that TDCJ Records has calculated two separate convictions from the same judgment. Finally, the attached letter of Tammy Luna, Sex Offender Risk Assessment Specialist dated August 12, 2011, confirms that the Defendant's risk rating was assessed at moderate, rather than low, because the offense he was convicted of involved two counts.
XI. Because TDCJ Records treats this case as equivalent to two convictions, Defendant is further potentially subjected to the serious collateral conse- quence of civil commitment also. See Texas Health and Safety Code, Section 841.003(b) defining repeat offender as person convicted of more than one sexually violent offense, even if only one sentence results. Therefore, .the void notation in the judgment must be set aside by a nunc pro tunc order.
xu. Under Tex. R. App. Proc. 23.1, -na failure to render judgment ••• may be. corrected at any time by the court doing so." This would be a viable remedy for count two on the judgment for which no conviction was entered because no sentence was imposed, since no ·sentence can be imposed because of the plea bargain for a single two year sentence. cf. SE!5~~v·,~Vill~Er~PJL' 418 (4) . '
m-l3d 920,927 (Tex.App.Austin2013){tria1 court ordered t.o set aside order ·../· . that was inconsistent with plea bargain).
WHEREFORE, PREMISES CONSIDERED, Defendant prays relief will be granted and the phrase "Cts. 1&2" will be deleted from the face of the judgment.
Respectfully submitted, '.~~ ~~'---2...-~J~nz..~:~t::..red -- /
Ronald Wayne Schofield ' .. Stringfellow Unit - #1434055 1200 FM 655 Rosharon, Texas 77583
Unsworn Declaration I, Ronald Wayne Schofield, TDCJ t1434055, being currently confined at the Stringfellow Unit in Brazoria County, Texas, declare under penalty of perjury ·that the foregoing is true. and correct and that copies of documents attached are true ana correct copies of what they purport to be.
Executed on this the___ .day of - - - - - - - - - - , 2015.
Certificate of Service A true and correct copy of the foregoing with all attachments was forwarded to Jeri Yenne, Criminal District Attorney, through Rho~a Barchak, District Clerk of Brazoria county on this same day.
Ronald Wayne SchofYeld
(5) .. CAUSE !1."0. 34,910
THE STATE OF TEXAS, §. IN THE DISTRICT COURT OF I .
vs. § .. BRAZORIA COUNTY, TEXAS
RONALD WAYNE SCHOFIELD. § 23RO JUDICIAL DISTRICT
ORDER
On this the.........,~....,..__day .of..........,.. ...... '· .. ·~··:~ .~ .i . . , .,, ..•. , 2015, came on to be considered the motion of Ronald Wayne Schofield for a Nunc Pro Tunc Order. It ia the opinion of the Court that such motion should be'and hereby is granted.
It is therefore ~RDERED that the Clerk of Brazoria County delete the phrase "Cta. 1&2" from the face of the original judgment in the above .styled and numbered cause, and for the Clerk to send a certified copy of the Order and the Judgment to the authorities at the Texas Department of Criminal Justice- Institutional Division, and to be made part of the commitment now in its hands.
PRESIDING JUDGE - 'lliil._"·
BOND$ 2(':-., ;:l'.rn r-·oR RECQ~
98 JUN I I P.H ~ C. I 1
THE STATE OF TEXAS V. RONALD WAYNE SCHOFiaD :-~-
CHARGE: , COUNT 1 . I& 2 · SEXUAL ASSAULT OF A CHILD; g...~~~ CRIMINAL EPISODE DISTRICT Ct.f'!UC · I!R.\ZORIA C:QUIIT'f. TEX.\S
(Direct File) ( 11990002)
WITNESS: ·'); IN THE NAME AND BY AUTHORITY OF THE Sl'ATE OF TEXAS:
THE GRAND JURY, for the County of Brazoria, State of Texe1, duly Mfecud, empaneled, sworn, charged, and organized aa such for the District Court 1aid of County, upon their oath• present In and to said court that RONALD •WAYNE SCHOFIELD hereinafter styled Defendant, on or about the 17TH dtW· of OCTOIER. 1998, and before the presentment of this Indictment, In the County and State . / aforesaid, did then and there intentionally and knowingly. cause the sexual orpn of · ...;•
RHONDA MAGNUSON, a child you~ger than seventeen (17) yeare of age end not the . dafo;;d;ont's :pcu:::, tc c;;;;ta.;t •~"•a lilil\uai organ oi me dfienci.-n; COUNTTWQ
And the Grand Jurors aforesaid, upon their oaths aforesaid, In said Cotintv. and .. ·: State, do further present In and to said Court that RONALD WA- 8CMoFIELD .; •'
h~reinafter styled Defendant, on or about the 18TH day of OCTQIE8;.- 1-.~ and before the presentment of this Indictment, in said County and State.; dh;l· .then and there Intentionally and knowingly cause the sexu=l organ of RHONDA MAGNliSPN, a child younger than seventeen ( 17) years of age and not the defend.m' 1 spc;use, to contact the sexual organ of the dofendant: ---- --------- -· .. - -· . -- ---··-- --- ·--- .----------- ·--~
------ ---~~--- --~- ~-------
And the Grand Jurors aforesaid, upon their oaths aforesaid, In aald County and State, do further present In and to said Court that the offenses •tt·out In Count• ONE and TWO above constitute a "criminal episode" as that term I• defined in Section- 3.01 ·of the Te?Cas·'Panai'Cocm; · · . '
..
against the pence and dignity of the State.
~~~--- FOREPERSON OF THE GRAND JURY
EXH. 1 2
. FLEA A GREEMENr
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NEW Ol'FENSF. C O D E : : - - - , - - - - - - - - - - - - - -
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DEF~~ !>f!.OE/.. '!"!C!"~:. _ _ _ _ _ _ __ P...E.S"l1"!t-rr!O~J?..E!'.J_!~A-!!ON: !-.!.\..,.~ .A.D!)J.{~S mo~o~n · REOULAJ1. PROBATION:_ _ _ _ _ _ __
::::ROBzO:-e-.-'1.-f""-'2-------+~~\ ~' ~ 0:':2J2] BOOT CAMP: -, \; c; ~ ., :,_, ~-- j
., '·I COUNTY JAIL:_. _ _ _-=""'_ __:._ _ _ _+f.': JS"t /1 ...·.:-. __ ·, JAIL TIME CR.EDIT::_.=..f2:.-~:::...:..:V,.;~;.;l..-1:..:?~---,:: I" . . . . ,:· --.. ~-;...;.;...;;;,,.,.:.,__;,;'---~-i'--- -',....;,;;._.~-- ........ ri ., ! ORJV'l!R'S LICC:WlR SUSPENSION TIME: _ _ _.;_; •· · t: -: .. ~~ ... ~
PSI OROERED _ _ _ _ _ _sET_ _:.._ __.;(o.. ··.: ?; ,;..·.; .. ; ~ .. SPECIAL TERMS OF P R O B : ' - - - - - - - + " I,'S:
OTHER COMMENTS:
~Ttn£: -;?..> 0!5"11Sr"z C-A:v-"'1& W 2S:.#N~ hYQ l"':i!Vtit rJ 'lJ JJ\'1
I UNDERSTAND Tim TERMS OP nm PLEA AOREEMBNT STAT!!D ABOVB. I ACCEPT niB l'LBA ,&.GREEMENT AND REQUEST THE COURT TO ACCEPT IT.
DI!FI!NDANT
IBF.I.IEVEMYCUENT, 5.;_1tP ftt::p Zr"'=o .UNDERSTANDSrnBPLBA AGREEMENT STATED ABOVB AND [JOIN IN HIS I HER REQUEST FOR nm COURT TO ACCBPT IT.
ASSISTANT CIUMINAL DISTIIJCT ATTY. BRAZOR.IAOJUNTY. ~AS 3 +1£&4 e h &Pi ¥4 5 §W igpQO§fQ * td &wi!&Mf!d#H"MSHiU + we HMR*
I.
i CAUSE NO. 34,910
I ~t<'T Rlil _O'ClQC.P., _ __ M. THE STATE OF TEXAS vs. ' JN TIIE 23RD JUDICIAL J ~ ~ 4, S DISTRICT COUR~T OF OE ERE RONALD WAYNE SCHOFIELD BRAZORIA couN)y~ Brazono C.O., T - ~.IA~ ~--- _, oEPUT'f JUDGMEI'IT ON PLEA OF GUlLTY OR NOLO CONTENDERE BE(opj_ COURT 00 WAIVER OF JURY TRJAL
Judge Presiding: J. RAY GA YLE.III Date of Judgment: JANUARY 4,1999
Allomey Attorney for State: KDTB ALLEN for Defandant: HARVEY HOLIMAN
Offense: CIS. 1 • 2 SEXUAL ASSAULT IJF A OUW;
Chargins ·• Instrument: INDI~NT Plea: GUILTY
Tcrma of Pin Barsain {Jn Detail): 2 YEARS TDCJ
i Plea to Enhancement Findinp on •· Parapph(s): N.A Enhancement: N.A
Findings on Usr Deadly Weapon {in dc:tail) N.A
Date Sentence Imposed: JANUARY 4, 1999 Costs: 5 126. 50
Purushrn("Tlt and Date to Place ofContinerrn:nt: TWO (l) YEARS TEXAS Commence: ... JANUAIY 4 • 1999 DEPARTMENT OF CRIMINAl JlTSTJCT-ID
Total Amount of Ttmt: Credited: 132 DAYS FROM DATE OF SENTENCE Restitution/Reparation: S -0- Cuncurrcnt Unless Otherwise Spc:c1fied Restitution to Be Paid To: Na~: Add~ss:
1 h..- fkfcmbnt having tx·~·n l:"f()I("T[() Ill the ahuvl" ent1th:d :md numbered cause for the felony offense shown above and this cuusc being lhl!' Jay l"alled tor tnDI. the Stat~: nppnrcd by her District Attorney 1u name-d above and the Defendant named obove a~:m-d m person and hy Counsd os nomcd above and both panics onnounced rudy for aia1. The Defendant, in person, in writing.· and m open court, waived hia riJht of trial by jury, (such waiva- be ins with the Cl !28 PAGl 1896
EXH. 2A '• 4
I c~n:ent~nd approval of the Court 11, the District Attorney in writ ina and filed' the papers of this cauae) pleaded ;u indicated above to the charge contained it1 tl-.: INDICTME""'T.
Thcra1pon the Defendant was admonished by the Coun of the consequence-: of the said plea; and the Defendant persisted in enterina said plea; and it plainly appcarin11 to the Court that the Defendant was menlally com~tent and that the plea is free and voluntary. The Defend.ant, having in open court, in writinJ, waived the appearance, confrontation, and cross-examination of witnesses and consented to the on I stipulation of evidence and to the introduction of testimony by affidavit~- written ~tat~mrntct nf witn·ro;crc_ !!nd ~ny ~~~ ~._,.~·-~~!"'~ ~vidrncc. Such waiver and consent havina been approved by the Court in writing and filed in the papcn of the caUlle, lhc Slid plea of the lkiendam was rcceivea anci entttrd of record upon the minutes. The Court, having heard the evidence ·submitted, and the araument of C~l thereon, found the Defendant guilty of the offense indicated above, a felony.
On the 4TH day of JANUARY A.D., 1999, the Court assessed the punishment at confinement in the lnsritutionaJ Division ofTuas Department of Criminal Justice for the period indicated above:.
It is therefore CONSIDERED, ORDERED AND ADJUDGED by the Court that the Defendant is guilty of the offerue indicated above, a felony. and that the said Defendant committed the said offense on the date indicated above, and that be be punished by confinement in the Institutional Division of the Tnas Department of Criminal Justice for the period indicated above, and that the State of Tn ar rln have and rccovtt of the Defendant all costs of the prosecution, for which execution will issue.
And thereupon the said Defendant was asked by the Court whether h.: b'ld anythi!)l to say why sentence should not be pronounced apimt htm, and he answtted nothing in bar thereof. Whereupon the Court proceeded, in the praeoc:e of said Defendant, to pt'Onounce scntenc:.c 11pinst him as follows, to wit: "lt i! the order of the Court that the Defendant, named above who hu been adjudged to be guihy of the offense indicated above, • felony, and whose punishment hu been assessed at confinement in the Institutional Division of the Teus Department of Criminal Justice fc>r the period indicated above, be dc:_livcred by the Sheriff of Brazoria County, Texas, immediately to the DiTector of lnatitutional Divi~ion of the DcpartmCnt of Criminal Justice of the State of Texas, or other penon lcplly authorized to Reei"\'C .5\X:h convicts, and said Defendant shall be confmed in said Institutional Diviaion of the Texas Department of Criminal Justice for the period indicated above, in accordance with the provisions of the law govemina the Institutional Division of the Texas Department ofCriminallllilj,ce_ , l"bt: sell offender re"'tntion ~qui~~~ of Anitk 1,'} S2 ·I Jc.l, ~vised Statutes, applies to the defendant berdn, and the age of the victim of said oft\nsc -~. yc::~i'c 11 the: rime or saliiOTr enee.
The said Defendant was remanded to jatl until said Shuiff cun olxy tht directions or"this sentence.
Signed thl!".the _£[H d11y of JANl!ARY. A.D ..1222.
Not1cc of Appeal: NO JUDGE PRESJJ~~ 1- 'f-t,1'
CR 128 PAGE 1897 NO. 34,910
THE STATE OF TEXAS §
vs. 5 BRAZORIA COUNTY, TEXAS
5 23RD JUDICIAL DISTRICT COURT'S NOTIFICATION TO BBXUAL OFFHNDER
The Court having pronounced sentence on the above defendant for the offense of .. .nov CfS, 1 l 2 SEXIJAI. .\SSNU.T CF A CFIUl·' auw~.l'ft[i- infonns the EPI s:JE defen~nt of his/her duty to register as a sexual offender ~uant to Article 6252-lJc.l .of the Texas Civil Statutes. The defendant shall register or if registra,tion las been previou.ly 1 completed, shall verify registration vi th the local lav enforcement authority in any municipality vhere the defendan~ residea or. intenda to reside for more than seven' (7) days. If the defendant does not intend to reside in a municipality, the • defendant shall register or verify registr~tion in any county vbere the defendant resides or intends to reaide for more than seven days. The defendant shall register not later than the seventh day after the defendant's arrival in the municipality or county. The defendant for vhom registration tuls been completed shall report to the applicable lav enforcement authority to verify informati0:1 in.tbe registration form not later than the seventn day after the defandant'a arrival in the municipality or county vhere the defendant int~ to reside. If the defendant. does not move to an intended residence provided to the authority or does not move by the anticipated move date then the defendant shall: .I' 1. Report to t.be local lav enforcement. authority with Vboa tho .! defendant last registered not later than the aovsnth day after the anticipated IIIOV1! date and provide an explanation to the authority regarding any changes in the anticipated GOYe
date and intended residence; and J. report to the COUIIIa.IIlity Supervision and COrrecticma Depart.~nt. officer supervising the dofendant not laoa then weekly during any period in which the dofsndant baa net ~
to an intended residence and provide t.l:M offioor rit:h tM addrssa of the defendant'• teuporary reaidoac..
f"XH l-ll - If the defendant does not move to an intended reaidence by the end of the aevanth date after he/ahe i5 released on community supervision, the defendant shall: 1. Report to the Community Supervision and Corrections Depart~Dent
officer supervising the defendant not later than tha aaventh day after the defendant's release date and; 2. continue to report to the defendant' a auperviaing officer not !es:: thzn wee!.;.ly d-uring c.ny period of time in vhich the defendant haa not moved to an intended reaidonce and provido the officer with the defendant's temporary residence.
Not later than the seventh date before the date that tha defendant intends to change address in this state or another atate, t~ defendant must report in person to the local, law enforcement authority wit:h vbca
. ~e _peraon last registered and to the Cc.munity SUpervision and
. c::orrectiona Department officer supervising tho defendant,and provide t:.ha . ·authority and the officer with the defendAnt' a anticipated . ~KWe . date and ·new address. Not later than the tenth day after the date on which tM defendant -~,rrivea in another state in which the defendant int~ to reside,_ tbe defendant - muat register with the law entor~t agency -that ill designated by the other state to receive rltiJiatration infonatioo if t.be other state baa a registration requirement for sexual offenders.
On this date I certify that the above defoodant was informad of his/her duty to register as a sexual offender.
Jmwn' 4, 19U
EXH. 3-B. i; • ·.. I i
I·
\/a;;) .L1\ .N1.0. N . ./ \1N· ]\! . .·~ 1 .~ O'.l' _r-\'PiE..., D
Arlif~Ie~ 6204 to 6258
I, f.~ n~i on~ - Q no \V a rrun to
PUBLIC RETIREMENT SYSTEMS See Government Code, Tltle 8, § 801.001 et seq.
11)9~
C u rnulat i ve Annual Pocket Part
H~~rdar~ill)! l ~JrJ.) !'liJipl~~mt:nlary pamphlet :-'llpp!,~rnc:ll in,.; I 1J70 main volume
F'nr {.:'.'if~ In i 995-199()
:ncit:das L.Jws through the 1995 Regu!ar Session of tne 74th Legislature C•:~t:rt .Ccmztn1ctions through 903 S. W.2d 153
WE~T !'I'BilSHI;\f; CO. :"T. 1'\t:L. .lll.'\:\'.
80 PUBLJC OFFICES, ETC. Art. 6252-13c.l Title !lOA (b) An ind!viduaL agency, entity, or autht>rity !s not liable under Chapter 101. Civil Practice and Remedies Code, or any other law for damages arising from conduct authorized by Subsection (a) of this section. (c) For purposes of determining liability, the release or wil":holding of infonnation by an appointed or elected officer of an agency, entity, or authority is a discretio:lar)' acl Sec. 6. Repealed by Acts 1995, 74th Leg., ch. 258, § 15, eff. Sepl 1, 1995. Failure to ~ter
Sec. 7. (a) A pe1110n commi!.s an cffense if the person is required to register and fails to comply with this :uticle. (b) An offense t:nder this ea'tion is ~-Class A misdell_!_e_!!!QL (c) If it is shown iit the tri.aJ of a person for an off2nse under this section that the person I~ previousiy been collvicted of llil offense Wlder this section, the person shall be punished for a_f_eJ~.!l.Y.2!.!:h~ third_~.:.. Exemptions Sec. 8. (a) This articif: applies only to a reportable conviction or adjudication: (1) xcurring or. or after: (t.) September 1, 1991. if t:P..: conviction is for or -the adjudication is based on ar. offense Ji;,L.ed in ~tion l(5)(A) of t.J-..i.s article; (B) Septemb"!r 1, 1993. if the conviction is for or thr: adjudkation is based on an offense listed in Section 1(5){B) .of this article; or (C) September 1. 1995, if the cvnviction is hr an offense described under Section 1(5~(C). CD). (E). (F). (l). or (J) vf this article; or (2) for which an order of deferred adjudication is entered by the rourt on or after September 1, 1993. . (b) A peroon -,.ho has a reportable conviction or adjudkation may petition a district judge in the rounty where the person resides or intend! to reside for an exemption from this article. If the person shows good c:moe, the district judge shall grant the exemption. Expiraticn of dutJ to rqister Sec. 9. to register for a person with a reportable adjudication under Section (a) The duty H5l(Dl of this article ends on the lOth anniversary of the date on which: . . (1) the person ceases to be under the supervision of tl1e Texas Youth Commission, if the per.:>()n was committed t.o the Texas Youth Commission other than und~r a detennim.•e sentence; (2) the person is discharged from the Texas Youth Commission or the Texas Department of Criminal Justice, whichever date is later, if the person was committed to the Te~ Youth Commission under a drtenninate sentence; or (3) the disposition is made or the person completes the terms of the disposition, whkhever date is later. if the peroon received a disposition that did not includE: a commitment to the Texa.s Yo;.Jth Commission. Cb) The duty to register for a perst>n wit.'f-J 2. reportable conviction. other than a conviction for a ""iolation of Se1:tion 21.1HaX1). 22.02L or 43.25, Penal Code. ends on the lOth anniversary of the date on w~uch the person is ~leased from the institutional di""ision of the Texas Department of Criminal J·Jstice or the person diseharges parole or community supenision. whichE:ver date is later. (c) The duty to register for a person "'ith a reportable conviction or adjudication b~ on an order of deferr-ed adjudication under s~ction 1(5)(£) of this artide, other than a.'. order of deferred adjudication for a "iolation of Se1:tir.n 21.11(a)(l), 22.021. or 43.25. Penal Code. ends on the lOth anni...-en:ar;• of the d2.~ on which: 0) the court dis~ses the criminal proceedings against the person and -iischarbes the person: or 313
EXH. 4-E. NO. L..J '-1 . '-] ( J BOND $c2n. 000 I 1, , ~• ! ' ,' '.': • 1 :
" ' THE STATE OF TEXAS V. RONALD WAYNE SCHOFIELD
CHARGE: FAIL TO COMPLY WITH SEX OFFENDER REGISTRATIO~J ..> · Cl . ::.. ,;)), ;/'···''- . (JP# 1/1-A030235) PF·:.v: ,<. : <~' 1 ~:-;-Ft1Ext>s WITNESS: NONe
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Brazoria, State of Texas, duly selected, empaneled, sworn, charged, and organized as such for the District Court of said County, upon their oaths present in and to said court that RONALD WAYNE SCHOFIELD, hereinafter styled Defendant, on or about the 1ST day of APRIL, 2003, and before the presentment of this indictment, in the County and State aforesaid, did then and there after having had a reportable conviction or adjudication for the offense of Sexual Assault of a Child, intentionally and knowingly fail to notify the local law enforcement authority, namely, the Clute Police Department, with whom the defendant last registered, of the Defendant's change of address as required by the Sex Offender Registration Program, Chapter 62, Texas Code of Criminal Procedure;
'· .. . ... .. : .. •-
STATE OF TEXAS COUNTY OF BRAZORIA I certify that the foregoing is a true and correct copy of the o•iginal record on file in my office. Given und.er my hand and seal of the court at m~yff1ce ngleton, Tex~ ;{ 7 RHOND RCHAK, DIST~ CLERK By~~ 5
PLEA AGREEMENT
cAusE NUMBER DEFENDANT: Rem JJ ft/ir!:J Ate.. Sc he f"/e ;cf DATE:
ATTORNEY: APPOINTED/RETAINED
NEW OFFENSE C O D E : - - - - - - - - - DEGREE:
RANGE OF PUNISHMENT
FORM "2"· OR FORM "3"· (Cirie the appropriate one) ENHANCEMENT WAIVED: PROCEED ON CT:
DEFERRED PROBATION: RESTITUTIONIREPARA TION: NAME, ADDRESS AND AMOUNT: REGULAR PROBATION:
SHOCK PROBATION:
TDCJ-ID: (NON-SHOCK) STATE JAIL: ,.- .-~ (NON-SHOCK) ,..r·· BOOT CAMP: I .. ~ 'IS1 ~DA-4~ COUNTY JAIL: DNA TEST FEE:
, ..fiJy"cfA,t.f d/h, ·-, -~
JAIL TIME CREDIT: 15!_ DRIVER'S LICENSE SUSPENSION TIME: 'DA S / I FINE:
ATTORNEY FEES:
PSI ORDERED SET COURT COSTS:
SPECIAL TERMS OF PROB:
I UNDERSTAND THE TERM OF THE PLEA AGREEMENT STATED ABOVE. I ACCEPT THE PLEA AGREEMENT AND REQUEST THE COURT TO ACCEPT IT. DEFENDANT'S STREET ADDRESS:
DEFENDANT'S MAILING ADDRESS:
--------------------------------------- DE rdd:fiil(fbfti . D NT .
1 BELIEVE MY CLIENT, /?t>t-1-+ ..{,! s;;. ~[/e./ott' , UNDERSTANDS THE PLEA AGREEMENT STATED ABOVE AND I JOIN IN HIS/HER REQUEST FOR THE COURT TO ACCEPT IT.
~c A~FOR QEFENDANT BARID /7 (I'-'~ THE PLEA AGREEMENT STATED ABOVE ACCURATELY REFLECTS TH STATE'S OFFER.
[2/03] ' ' ! "1' 'l ......., I:' h. . : "' .. ~1 \J.f.:;. ~ STATE OF TEXAS COUNTY OF BRAZORIA
y 6
I; '/
, " o'CIOGlo..~···-111 ' IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEX~s---- 23RD JUDICIAL DISTRICT SEP 1t -
THE STATE OF TEXAS
VS.
RONALD WAYNE SCHOFIELD DATE: SEPTEMBER 5, 2003
ON THIS the 5TH day of SEPTEMBER, A.D., 2003, this cause was called for trial, whereupon the State of Texas by and through her Assistant District Attorney and the defendant, RONALD WAYNE SCHOFIELD in person and through his counsel of record STAN LEY G . MCGEE appeared in open court. Whereupon the defendant was duly arraigned and entered his plea of guilty to the charge of FAIL TO COMPLY WITH SEX OFFENDER REGISTRATION, a felony. And, both sides having announced ready for trial, the defendant waived a trial by jury and requested that the case be submitted to the Court for decision. And, the defendant waived the reading of the indictment, and after having been duly admonished of the consequences thereof by the Court, insisted on entering his plea of guilty to said charge of FAIL TO COMPLY WITH SEX OFFENDER REGISTRATION, a felony. And, it plainly appearing to the Court that the Defendant is sane and was uninfluenced by any consideration of fear or by any persuasion, or delusive hope of pardon, prompting him to confess his guilt, the Court accepted such plea. And, the Court having heard the evidence introduced, the Court finds that the Defendant is guilty of the offense FAIL TO COMPLY WITH SEX OFFENDER REGISTRATION a felony, as charged in the indictment, and that said offense was committed on the 1ST day of APRIL, A.D., 2003 and assesses his punishment pursuant to Article 12.44 TPC at ONE HUNDRED FIFTY-NINE (159) DAYS BRAZORIA COUNTY JAIL It is therefore ORDERED, ADJUDGED AND DECREED by the Court that the defendant, RONALD WAYNE SCHOFIELD who has been adjudged to be guilty of the offense of FAIL TO COMPLY WITH SEX OFFENDER REGISTRATION, a felony, and that he be punished pursuant to Article 12.44 TPC at ONE HUNDRED FIFTY-NINE (159) DAYS BRAZORIA COUNTY JAIL, for which execution will issue. And, the Defendant being now present in open court, his attorney of record also being present, requested immediate sentencing and, upon inquiry of the Court, having answered nothing in bar of the pronouncement of sentence, the Court proceeded to pronounce sentence against him as follows:
IT IS THE ORDER OF THE COURT that the Defendant, RONALD WAYNE SCHOFIELD, who has been adjudged guilty as aforesaid, and whose punishment has been assessed as aforesaid, be sentenced to ONE HUNDRED FIFTY-NINE (159) DAYS BRAZORIA COUNTY JAIL DAY·FOR·DAY WITH CREDIT FOR 159 DAYS AND BY A FINE OF $-0- AND COURT COSTS IN THE AMOUNT OF $268.00 AND ATTORNEY FEES IN THE AMOUNT OF $1,000.00 or otherwise discharged by law, for which a writ of commitment shall issue.
SIGNED this ---'/_._{_ _ day m ~~ 'Z.003.
JUDGE PRESIDING
UvtAGE 6
'·
'. STATE OF TEXAS COUNTY OF BRAZORIA I certify that the foregoing is a true and correct copy of the original record on file in my office. Given under my hand and seal of the court at my office· Anf)leton, J1xas. RHON f\RCHAK, 9TRICT CLERK 8 Dep~y Fax Server 217/2007 11:21 PAGE 0021002 Fax Server
---------~-------------~~---- 02/0712007 WED 11:31 FAl 51242t543• DPS SOC UNIT HQ ~002
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CSIMF800/INI801 COMMITMENT INQUIRY 12/30/10 14:16:j2 INMTCICSIWJ00033 /P101 TDCJ-ID NO: 01434055 SIDNO: 04041616 NAME: SCHOFIELD,RONALD WAYNE APPL: STATUS: A RQ Pl S3 #OFF: 03 DL:D TiiCf: OOH60?3~:; CNTY CON(): ZX3A 73f;::o OFF-REC: 3699 PRJ RL: 09-16-2017 REC: 05-29-2007. MAX-TERM: i 1Y OM OJJ PEN--HEC: (L~/~:.100 i'it\X··L<: 0'/·-·:t.:i--
CSI~1F:_?,OO/HHG01 COi'H·liTi'iEr-rr IN~;IUIRY U/:.::0/10 l4:L:',;~:7 /P1.01 T:OC-.1--IJ} NO: 01.4340'55 SIDNO: 0404li:.l6 INiiTCICS/~LJ0()(LJ3 NAME: SCHOFIEL.D,RUNALD WAYNE OLD TDCt: 00860735 CNTY CONV: 084 :.':J RiJ DFF--·f?EC: 05-29-2007 MAX-TERM: 11Y OM o:c PEN-REC: 062.100 MAX-EX: 09-16-2017 BEGIN: 09-17-2006 PAR-ELIS: 06--03-2008 INMATE TYPE: ID HE1433: N HB1433 VOTE: DYNAMIC RISK ASSESSMENT: lYL: HB14:3:J NIN EXP: ·~
OFFCD: 11990002 SEX ASLT CHILD ;~:DEG FU'!T-DNLY T3HJ PENAL:022.011 MS:N PLEA:G CAUSE:34,910 CNT: (/2 OFF: 10--16-1::;..;.:-r:, CC CNTY OFF:020 CNTY/CRT:020 023 MAX TERM: 2Y OM OD BE6:07-29-19V3 MIN EXP:07-28-2000 MAX:0?-28-2000 PAR ELIG:Ol-01-0001 SENTENCED:Ol-04-1999 HB1433:N HB1433 VOTE: HB1433 MIN EXP: OFF TDCh!O: OOB607~35 PC SUB::lf:.c: UN!< DUiCHt'1Rf:TED 07---28·--2000 F'F7:UF,PFH:JJlH4N,FF:~:TOP OF LIST,OR NEXT F:EQUE~3TiTDC ----------------Of.~ SID--------------- HHJ OF !JFFEN~.>U-;; i~lLL OFFENSU! l-I(A1E BEEN IJF:lPLAYED /';
1 ex as Justice Bntd LivingstoH E.\erutin· Oirecwr
All1;,'l1St 12. 2011
Ronald Wa:-.·ne Schofield. TDC) #l-B-1-055 Pack 1 Unit 2-1-00 Wallace Pack Rei. NaYasota. TX 7n6X
Re: Risk Assessment
Offender Schofield.
I am in receipt of your correspondence regarding concerns about your riskle,·eL Your most recent risk assessment \Yas completed by an Institutional Parole Officer on March 9, 2010. You \Yere assessed
\ Tammy Luna Co e . rogram Specialist III Ses Offender Rehabilitation Programs TDCJ- Rehabilitation Programs DiYision
cc: Madeline Otiiz. DiYision Director. Rehabilitation Programs DiYision Joseph Bon-Jorno. Manager II. Sex Offender Rehabilitation Programs
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