Williams, Michael David

Opinion

May 12, 2015

IN THE

COURT OF CRIMINAL APPEALS

MICHAEL DAVID WILLIAMS §

V- § PD # 0202-15

THE STATE OF TEXAS §

FROM APPEAL # 07-14-00128-CR COURT OF CRIMINAL APPEALS

FROM CAUSE # D 34, 123-CR 12 2015 MOTION FOR REHEARING FOR PETITION FOR

Abel Acosta, Clerk DISCRETIONARY REVIEW

TO THE HONORABLE JUDGE OF THELCOURTiOF CRIMINAL APPEALS:

COMES NOW, Michael David Williams, Petitioner, herein, and

respectfully files this motion for rehearing for Petition for

Discretioary Review, and in support of this motion, Petitioner

shows the court the following:

Petitioner was convicted in the 13th Judicial District Court

of Naverro County, Texas of the offense of Continuous Sexual •;•*•.-•.

Assualt of a Child in cause No. D 34, 123-CR, styled State of

Texas v. Michael David Williams. The petitioner appealed to the

Court of Appeals, Seventh District. The cause was affirmed on

January 29th, 2015. The Court of Criminal Appeals refused

Petitioner's Petition for Discretionary Review on April 22, 2015.

II

Petitioner respectfully moves this Court to Review/Rehear, Petition For Discretionary Rview, theussue presented by <-. >j .. :i -"

Petitioner and Rebutted by the State. The decision of the Seventh District Court of Appeals errored in its determination that the

Continuous Sexual Assault of a Child Statutes Evidence was

sufficient to support petitioner's conviction, furthermore, the

Seventh Court of Appeals, failed to consider the recordas a whole

which violated the substantial right of the petitioner(pursuant

to Texas Rules of Appellant Proceduer 44.2 (b)) when determining

egregious harm.

sill

When re-evaluating the specifics of the statute; petitioner

respectfully request this Court to consider the following:

(1) The erroneous jury instruction misstated the law,depriving

the petitioner of a fair trial, therefore causing egregrious harm

(2) The erroneous jury instruction included act/acts that was

specifically excluded from the statute. Tex.Penal Code Ann.21.02'

(c)(2).

(3) The erroneous jury instruction was empasised by the'state,

stating to the jury that,"if they could prove the act or acts

specifically excluded from the statute, that was enough to meet

their brden of proof inorder for the jury to find the petitioner

guilty."

(4) The repetativeness of the error in charge, that was :• i.

included two times in lesser included charges, therefore adding

emphasis to the misstatement of the law, therefore causing

egregrious harm to the petitioner.

(5) Testeimony of the alleged victim provided no evidence that

a crime had occured during the timeframe alleged in the indict

met or statute. (6) The continuous Sexual Assualt of a child Statute -became

effective on September 1,2007. The range of the indictment was,;

January 1,2008 to January 30,2010. The State only showed evidence

of an alleged crime in 2006, thus being outside the scope of the

statute as well as indictment.

WHEREFORE, Petitioner prays, that for the forementioned

reason that this Court grant this motion and recosideration/

re-eavaluate the Petition-., for Discretionary Review. No.0202-15.

PETITIONER PRO SE

MICHAEL DAVID WILLIAMS

CERTIFICATION OF SERVICE

I crtify that a true and correct copy of the above and foregoing;

motion for Rehearing for Petition for Discretionsry Review has

been forward by U.S. mail, postage Prepaid, First Class, to' The

State Prosecutor, P.O.BOX 13046, Austin,Texas. 78711.

on this the 28 day of April.

INMATE DECLARATION

I Michael David Williams, T.D.C.J.-CID # 1913738, being presently

incarcerated in the Bill Clements Unit of the Texas Department of

Criminal Justice in Potter County, Texas, do verify and declare

under penalty of perjury that the foregoing statement are trued ...

and correct.

Executed this the 28th day of April. /1&^h>&-tdAlUc PETTIONER PRO SE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

BILL CLEMENTS UNIT-CID # 1913738

9601 SPUR,591

AMARILLO, TEXAS. 79107-6906 VJ ^ V ON S rv

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