Wade, Alex Melvin

Opinion

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COU RECEIVED'|N Dr. Alex Melvin.Wade, Jr. ~ RTOF CR"VHNI‘\L1‘\PPEALS Paralegal Specialist Mark W. Stiles _ NOV 1 8 2@/§5 3060 FM 3514` - ' Beaumont_, Texas 77705-7638 Ab€|ACOSTa, C|erk

Cause No.: WR~65,555; FOR THE 179th JUDICIAL DISTRICT COURT

HARRIS COUNTY, TEXAS, PRESIDING RROYCE

E>< PARTE maximile wADE, _'JR., § g 3 cauee~Ne.= 729,136-H §§

App`licant` .

APPLICANT_'ALEX-metvm.w/>.DE,"JR.»,¥'S Al\/[E:NDED RESPONSE-To STATE_'__S ANSwER ' MAY IT PLEAS_E THE coURT=:`i " l

Applicant amendment to Stateis Original Answer, upon receipt of a State's Original-Answer; said answer had already been forwarded to the Court of Criminal Appeals. l

Ihe Applicant's.preuious applications for writ of habeas corpus, cause numbers 729136-A, denied on November l, 2006,~cause¢ number 729136§§ was denied on Februery 25, 2009, cause number -729136-<:, was denied 'i'n Apri-l? 29,1;h, 2009 these application address a parole'issue;'€ausew number 729136-D was denied ~Qn_October?Z,.ZOl$, this.applicationzxkke§xd -seeking credit to his sentencé "inFthé'amountFof1183`da§sl""Applicant"réfiledmforFhisjprésentence“créditwonly"*'"m after filing his first "nunc pro tunc," with the clerk of'court§ Cause number 729136-E was denied on January 22nd, 2014.after-filing his second "nunc pro tunc," with the Clerk]s'Office.'Applicant refile his writ application underr cause number 729136-F which wassdenied on Ocober 15,2014.- Applicant filed his "Third Nunc Pro Tunc,” in the Clerkls'®ffiue'seeking 183 days presen+- tence credit. .On June 24th, 2015, Applicant filed under cause number 72§}§§:@,»;“ it was in that application the Honorable Baldwin'€hin; Assistant District

,Attorney, acknowledged the designated issue of whether applicant.was denied . §

pre-sentence jail credits as the issue needs to be resolved in the`above captioned cause. (See Exhibit '§jA¢A~A}l-&) lt is aggnen§hl this Court was not-sent the

copy of the Order sDesignating'Issue as mandated by Rule 73.3(b)(1).'Be it

noted for the Record? One; Linda'Garcia?_Assistant'District Attorney; some

80 days after Baldwin:Chin's"Motion?téodesignate issues were filedrabruptly State's-Orginal Answer totally in disr§gé§q §§ the filing of Baldwin Chin (A-A-A-A,1-4). d s ` '

Applicant filed under writ number 729136-H denied August 25th, 2015 the refiling seeking pre-sentence jail time credit with a copy of Third Nunc Pro Tunc, (Exhibit "A, "A "A ,") showing the relief requested and a copy of Clerk 's.Record showing the judge took no~action..

Andrew Smith Assistant District Attorney argue in 729136-G this Applicant should be sanoationed because of abuse of filing.the writ under Tex. Gov't Code~Section'49840045. Based on the:aboye.writs.brought before.this Court this Court has stated in matters:of this nature which is one of not first impression. See, Ex Parte Rieck 144 S. W. 3d 510(Tex. Crim. App 2009), the issues raised 111 causes 111'-1111be1» 72913`6-1:1 129136 E 729136 F`, 729136-<; and 729136-11 ." are issues that this Court s interputamionof the statute says i§ does not apply in wris as the ones filed in cause numbers 729136- E-H. d d

Applicant.cause number 729136-1, isra parole issue whereprplica t alleges "actual innocence" and ”prosecutional:misconduct,"lthat cause the parole be- revoked without according him due.process»of;lawe($ee Applicant Motion for

Leave to Amend the writ of habeas.corpus)- v . l

Applicant has been made to believe this Court, Court of-Griminal Appeals

have exclusive jurisdiction over criminal.proceeding,1 4 n n

_2_

Applicant's contention in raising and addressing he is entitled to pre- sentence and jail time credit is not a frivoloious issue presented to the court in light of §§ngjy;_§g£§y, 115 S.Ct. 2021(1995>, this applicant is entitled to credit on his sentence for anytime spent in custody in connection with the offense. n rt l

Applicant present.the judge's judgment and committment order,-it clearly do not show applicant credit.for the date of arrest in 1992 and or anyother true prior to 1996., Applicant extridicted to Texas on a Governor}s warrant on two separate occassion the credit is not shown for which he is entitled as a matter of law.

Applicant is made to suffer violation of his rights vested by the State of Texas, where the pre-sentence jail time credit entitled he will not be_ credited with his street time that will afford his sentence be completed .dn Stember 1996.' The sentence served will€be an unconstitutional imposedr sentence served by applicant. l

The filing of the writ application seeks to have the Court to intervene

and protect his constitutional rights. See, For discussion of credt for tmmm served for offenses committment under the indictment. Gredit for time served in William L. Menards et al., Projec§ Twentieth Annual- Review of Criminal l Procedure; United States Supreme Court and Court of Appeals 1989-1990,

Geo._L. J 591,1107. H ' coNcLUsIoN ~' - _

For the foregoing reasons, this Honorable Court should overrule State s vOriginal Answer seeking sanctions against applicant and remand to the lower

n court for resolution of the issue of pre-sentence jail time credit, respect-

ively-"

60 m 3514 ' " eaumont, Texas 77705-7638

` v CERTIFIGATEFOF SERVICEOH l, Dr. Alex Melvin Wade, Jr.j'pro se herein hereby certify a true and cor- rect copy of the foregoing pleading along with exhibits in support mentioned- in this pleading to the Offiée of the District At orney,'Devon Anderson 1201

Franklin Street, Houstony Texas 770®2 on this. , of November 2015 by

depositing the~same in}the Prison Mai1 Box.a/" . Stiles Unit, 3060 FM

. v

,.;,..:_»'i~' ~ .`~§_- -"¢?,-i'»~:.~ +. m ¢

Dr. Alex Melvin Wade, Jr. ` 52»\_ _ ~ , ", _ `A ;` ij ¢' .Paralegal Specialist " ` ~ -‘ 4 ' Mark W. Stiles

3060 FM 3514

Beaumont, Texas 77705-7638

sTATF. be TE;XAS,-

VS.

ALEX MELVIN wADF-,, J_R.'. - 1 ' _

Defendant. , d _ i"`§ HARRIs coUNTY, T s x A s § DEFENDANT'S TEIRD NUNC PRO TUNC v ` 4

Defendant Alex Melvin Wade,. Jr.,z pro se herein and pursuant to Rule

23.2, Texass Rules af Appellate.Procedure¢ where the trial court has the

authority to oorrec; the judgment to zeflect the appropriate sentence by

"nunc pro tunc," and grant Defendant with presentence jail credit when the v m

_sentence is pronounced- T

This Defendant_seekes to cause@the odprt to correct the sentence and provide

'his with the appropriate pre+sentence credit for good cause as in the fol-

lowing:

la _'~¢""‘>_¢-'. >.; ~ ¢.~,

1I. The certified copy of the;Judgmeht and Comnittment Order dated`August 27th', 2014, issued by Js zlcek,l Deppty. '

The Onder show the -date offense Gommitted, 4€9-1999§._The Clerk's Record: 1

should show Defendant was held in l $; of $250, OOO. OO(Two Hundred Fifty

_Thousand Dollars) bail and held to add until the bail was reduced in and

aroreed order by the then Harris.€qunt 1 Texas~Dlstrlct Attorney. Defendant

_has not been credited with the 4dpda stay upon the initial arrest. under

42.03 §Z(a). Defendant. is ~1t1t1ed.to»cred1t for pre-sentence time spent

`\

uA’n nA,u nAn ' '_ ` - v‘._>:_;.:_ .n \ ~

L' 'Cn ' ` ~. . ‘ § d ` n id /1

The bond was set in`the amount of $75,000.00(Seventv Five Thousand Dollars1 ' the the Honorable J;QMichaa?“ Nilkens on, presiding in thef?§th Judicial District Court, Harris County, Texas.-

Defendant was rearrested by the Harris,Countv, mexas Sheriff Department 'at 2919 Warbler Lane. Humbl e, Texas upon his arrival back home after contact was made with him, A~Better Bail Bonding C@mpany , that a hearing would be 1 held the following day because of reindictment bv the Harris County, Texas vDistrict Attorney' s Office. this was done in 1995, Defendant has not received the18 davs confinement. on the instant offense. Defendant is entitled to credit on the judgment and c:onmittment of Defendant pursuant to Rule42 §2(a)

. as a mattrr of,law;

In the year of;l996/ Defendant was arrested by_Order of Judge Wilkenson~ because of his not appearing with an.attornev at law during that hearing. Defendant remained-in the Harris €ounty Jail for a period that exceeded 30. days.and was confined.in connection with the instant:offense. Defendant is entitled to~a period of 4Y‘days credt to his.preesentence confinement pursuant 'to Rule&§h§§¥a)j¢~Texas Code'ofe€riminal'Proc.,'as a matter of law.

Inyl996, Defendant wai.extridicted from the State of Indiana, Hamilton, '-.Countv'. because of the offense alleged in the indictment. at said time Donna Goode was not the attornev of record¢ iDefendant bond was forfietured by: `the-Honorable J. MichaeT.Wilkenson,;and,the@bond was.doubled in the amount of 8150,000.®_0("One~»Hundred~`._I'§‘i~'fty..T~housar"nd'.'Dollars).v Defendant"rem_a`ined in` the custody of the Harristounty Sheriff‘Department awaitino-posting of the $150,@00.00 band which,,wasteommetea;$ome 49 days,'., laté'r.- Defenaa_nt is_entitled to credit on his-sentence.for.time spent Eh custody in connection with the instant offense, pursuant to Rule 42.3§21a;;

_‘2‘1%_

>Defendant was retained in the Marion§€ountv,Jail, Indianapolis Indiana and held for the.DurDoSe-of'extridication. Defendant was release on bail to a State Bonding‘€ompany and was rearrested.and held in the Marion County . Jaii;awaiting extridiction to Harris.CountV,‘Texas on the instant offense

‘in‘theiindictment;numbered'79©,l36 for.a period`of 30 days and is entitled

-to credit for the time spent in custody in correction with the instant_offense»

Dursuant to 43.3.$2(a)4 CCP-.respectivelV.

i` ` CONCLUSION

Wherefore,iDefendant Aler Melvin Wadep Jr§,.pravsv that uoon this Court investigation of the above time scent in custody by Defendant-on the instant offense, credit his sentence~with.l§§ days time spent in custody in correction with.the instant offense.

cause all'interested~parties/FTDCJ=CID,and Texas Board of Pardons &.

Paroles of the-sentence to entitled Defendant with al credit aplied to

_- '/

the sentence of the court1 -

3060 FM 3514 Beaumont, Texas 77705-7638

CERTIFICATE OF SERVICE I, Dr. Alex Melvin Mbde, Jr., pro se herein hereby certify a true and

correct copy of the foredoinq "Nunc Pro munc,f.has this ”;@ Day of September

77002, postage prepaid.

i. »ce*"'-»?'#" " .'

aim

No. 729136-@ EX PA_@TE § lN THE 179TH DlsTRlcT couRT

§ OF

ALEX MELV|N.WADE, JR., -Applicani_ 7 v ~ § HARRls couNTY,TEXAs

STATE’S NlOT|ON RE._QUES'T|NG DES|GNAT|ON OF AN 4'|S'SU'E

f':i"he-State___'_of_' Texa_s, by and through its Assis_tant District Attorney for _

Harris County,» requests that this Court, pursuant to TEX. CR'lM. PRoC. CoDE ' , ANN.. art.*11.07, § 3_(d) (West Supp.’2013), designate the issue of Whether ' vthev applicant Was denied pre-sentence jail credits as the issue Which needs

v to be res“'o|ved=in the above captioned cause.

_ E)UIBIT A;A,A;A--l_¢i

Service has been accomplished by mailing a copy of the State’s l\/lotion Requesting Designation of an |ssue and Proposed Order Designating an issue to:

A|ex l\/le|vin Wade, Jr. 1624189

Sti|es Unit

3060 FM 3514 Beaumont, Texas 77705

sleNED ihisz"d day of January, 20`15.

. istrict Attorney Harris County, Texas _ 1201 Franklin, Suite` 600 ` _Houston, Texas 77002 (713) 755-6657 Texas Bar l.D. _#00783823

No. 729136-@

E)< PARTE _ § lN THE 179TH DlsTRlcT couRT § oF

AL-.EX MELle v\/ADE, JR_, _ ._ Appncam - § HARRls couNTY, TE)

' ` sTATE’sPRoPosE-D 0RDER DEslGNATlNG AN issue

'l-laving reviewed the application for Wrii of habeas corpus, the Court finds that the issue of Whether the applicant Was denied pre-sentence jail ` credits needs to be resolved

Therefore, pursuant to Artic|e`11.07, § 3(d), this Court wi||'res`olve»the

above-cited issue and then enter findings of fact.' j The Clerk lof the Court is ORDERED to transmit the Ctourt’s instant »

t:brder .designat'ing_issues to the Court of Criminal Appea|s. The Clerk of the n '

vC`o_"-urt isn ORDERED _NO-T_- to transmit any additional '-document's 'in the

- éb§ve-styled case to the Court of _C,rimina| -Appea|s- until further ordered by v

' '_this Court

By the following signature, the Court adopts the State’s Proposed Order'Designating an |ssue in Cause Number 729136-6.

SlGNED on the day of ` , 2015.

_ ?s'.> UIGDAL arm BY JHF. PRES|D|_NG JUDGE, 179TH 'D|STR|CT COURT HARR|S COUNTY, TEXAS

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m CN JU‘RY VER.DI¢T' of GUILTY - FUNI§HHENT FIXED B¥ Com OR m¥ , l ' . Judqo Pceaidinq=Q{//;be §d»m M)/§M,§¢W mate or Judgmcne¢ 430../¢?9 ?- At:t:orne l - d ` ' ' ' "At:`to'znéy 9{»@,>( /'Y) wade-1 ' for statori band Q\codl_ for nefendant:tp/m .§_e_. t lwrtvcdccuaa¢t offender ' - _ . ' .'~ j ' " _ ' onto fiftean " ' D arena 3 ':‘4’* ` -Comm.i.tteds ¢//' q-' /Q?Q` ' ~ ` Cha:'g.i.ng _ ~ . . ' ." ` Iraat:r.'urnnrrtr Inch'|tmont/M'£em¢i Plear-/l)D'-{ /40,`/-’££/ :" . . l ... Jury Verdictr(Qb/‘/TLL/ Foretnnm@-i@[l A)-. SA[~,‘ CA_nl\C c: '. |` / . Plaa eo Enhencemont Find.i.nga on Parngraph(s)r "7"721}€. ‘ Enhancementr 7_/2(/€» Affir'mat.i.v¢ Findi.:tigl: (Ciaelc <. -riata relection-NIA- notavai|abieoreorapplicabl ntser wEApom rea |No murray vzoz.tarrcna Yoa mo l@;) nam carton rca |rto q@

Se v ~ v i hart :r:;:o¢d:tenca*§¢ 50" /qqq Coltl| /ZVW :::u:so:n;yr v ilhme' d v 1 101000 ` do q'zq'qu §1:¢:0 ofn;o::lncrriont€rz'© //VA w ~/{:(;;_~\_ :;;r:e':csa q¢iBO/\¢% d

. ~J ~ l ' Total Amot.mt_ of l Time Créditedt ¢»@/ » Restitut.i.on/Rapnr:nti.on/Rewar:dz '/Lj/A

Conctar:r:ent: unleeof Ot:herwi.eo Spaei.£i.edr Reetttut.i.on/Roward to be Fa.td tot 7 munoz ~ /

l L / ' Addzonet . statement of hmou’ t of Payment:(a) required/roma of Amount:r `

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Thla cause being dalted for trlai, the Statc appeared by tha above named atl.orney, and tha defendant appeared in person in open coun, the above named counsel for Dclendant aiao being , , or where a 1 ' la not t ' by ', the Dafeodant knowingly, |melli¢entiy, and voluntarily waived tha right to reproaer\tati_on by eo\anael aa indicated abova. and tha raid Dofcndant having bean duly arraigned and lt appearin¢to the Court that De{endant waa mentally contpetenl:and ha;vin¢ pleaded al rho\vo above to the charging indrument. both partial announced ready for trial and thereupon a jury. to-'vit. the above earned forer'nan and elev'en others van duly oclected, inrpancled, and rvcm, aba jury having heard the charging inatnameu read and tba Defcndant'a plea ¢‘"?' thereto and having heard tha e\iidcnca hahn-titled and having bean duly charged by tha Coun, retired in charge of tha proper officer to cenaider the verdict, and afterward were brought into court by thc proper oi'liccr, tire Dcfendaat and dcfcndant'a counact. if any, being preaent, and renamed into open court tbc verdict act

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forth abovc. which war received by tba Court and la here nov entered upon tba mimms of the Court ar above abova. ’

` on 0%(1 y 30 .xoj?" .t»'~ c ' mvin¢p¢evimiy.ic¢ucw

have punishment arrestede tlt`c above rhown aueaaor o{puniahnrcnt. and vbcn abown above that th'a charer irratnan\ent contain enhancement pangnph@. - which were not waived and alle|ea Dcfcndant to have been convicted ¢in § L prwioully of any felony or oit`cnaca for tha purpora of

rho\vn above to have elected tod have thc jury aueu puniahrnent, nach jury war called back into the box and beard evidence relative to the quartion of punirhmeet and having been duly chach hy the Court; they retired to consider aracb guarded and alter having deliberated they returned into Court the verdict lhorvo under puniahmenr abovc; and when defendant ia aho\vn above lo have elected to have punirhm¢rn fixed by thc Court, in due form of law timber evidence war heard by the Court relative to the quenitin of puniahmcnt and the Court lined punirhment of the Defendaot la ahevn abova.

lT lS, Tl{EREFOR£, CONSiDERED AND OR.DER£D by the Court, in the prelcnca of the Dcfcndant, that the raid judgment be and tba name ia hereby in all thio¢a approved and eonf'arrrrcd. and that tha Defendarn ia adjudged guilty of the offence act forth above ar focmd by the verdict of the jury. and raid Defendant bc puniahed in accordance with the lury verdict or the Coun'a findin¢. at above above and that the Defendant ia remanccd to a tenn of impriIonmcnt or fina or both, aa ret forth abova, and that the laid Dcfcndrm be delivered by tha $hedi{w the Director of tha Texaa Depmrneot of Criminal lurticl, institution Diviaion, or other pcrron legally authorized to receive each convicts for thc punirhmem menard hcrein, and the raid Dc{endam rhali be confined for the above narhed term in accordance with the proviriom of law governing each punlahnrenta and execution may irma aa neeeaaary. Funhcr, the court linda the Prercnrcncc lnv'ertigation. if ao ordered, war done according to the applicable provision of An. 42.12. Sec. 9. Code of Crirninal Froccduro. l

AND the raid Defcndrnt war remanded to jail until raid Sheriii’ean obey the direction of thir judgrncra. ._,.

Plea Befora Jury - Court/_Jury Assesnlng Punlalunent .4 _ CR.t~t-4 RlO-O7-9J Page 1 _Lc_n_ri_'l n r\ l v '

!':t

" ' v ` CHRIS DANIEL

HARRts COUNTY DtsTthT CLERK

Alex M. Wade, Jr 1624189

Mark W. Stiles

Beaumont, TX 77705-7638

Memorandu`m response to correspondence received: 3/_20/2014

Re: Cause No(s) 729136.

' Dear Mr. Wade,

Direct Dial Line:

m Your motion/request Nunc Pro Tunc was filed with the District Clcrk and on 8/27/14

A the Court: IZ Took no action ' [:] Denied your Motion/Requcst ' l:l Granted your motion/request [:] Took action I:| Advised attorney of record Other

13 Our records rét`lect your jail time credit to be at the time of sentencer 9/26/1996 to" 4/30/1997. Although sentence impos'ed date is 4/30/1997, the actual sentence to begin

date is 9/29/1996. Judgment reflects no error. |:l Contact TDC records for further'information. _ .

l____l Requ_ests for certified copies:

ij Picase include fail name, date of»birth, and/or cause number.

l:l Copies must be ordered by document name for correspondence to determine how many pages, to be able to quote a price. The fee for certified or uncertified copies is $1.00 per page. Ail requests must include a self-addressed, stamped envelope. if the cause number is not known, there will be _

a record search fee' ot` $5.00.

’». "~. ‘. - c . . , ,

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n “."m..__,/_,-'Q`O '.:_a"‘.‘ L79th`q)istrict Court

ij other»= _ .. _ __ €1 APPLICANT'$ EXHIBIT " :~‘: » ....-~""'"° d § //

P.O. Box 465| ¢ H<)USTON, TExAs 772|0-4651 o (713) 755-5749

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