Bristow, Roy Durwood

Case Information

Clenk. Now ACaSTE. CcA No. W1-51,01-62 Thin Cast Case No. 201700150-A Please. Pussent the eveloned leetion to the Cast. I also ask that you pussent the eveloned documentatious and blank them as Evidence as my bank. Thank you. RECEIVED IN COURT OF CRIMINAL APPEALS SEP 012015 AbelAcosta, Clerk

Respectfully Submitted Roy Drouond Bristeus 1515911317 Cholee moons woly 75418

To: The Households Court.

Cc. No 101-21, off-O2. Third Court No. 2011-Footers-2.

As 8-27-11. I was expected as Francis County Texas. I've Remained in custody to share. I am presestive this court with Midwives that the plan required. Signal as 10-7-13. I've been Drivenelied. The department signed clearly gives my credit For All three Samuel Sises a specified date. 9-2-11. Planses: "Hazel this plan - Department as Midwives." Under this plan, Department as midwives For speedy Third and March, umnment would be used. This is spoke about openly as court. Also selected as a copy of the original Remand on then Darnell Jass 4, 2011. That this 5th District Court of Cens County Neujustial. Also Exclusively as written State as monely 21, 2015. As the For exquisitio of time to produce, as September and Records as this mower of Remanded For a distenmiention of additional Facts. As April 1, 2015 this Court granted a 20 Dry exkarystion of time to the 5th District Court of Cens County which they have failed to Respond. In as the this court to Dutrenet this notice as a mottas to order the 5th District Court of Cens County to comply with this Court onejent Remand on then. Respectfully submitted Roy D. Bristow

(felony)
NO $$
POI: F-00710 Soun) $t$ &; 29130 C. - 7 P 437

STATE OF TEXAS

IN THE SP DISTRICT COURT'S DISTRICT C.ERE FOR THE STATE OF TEXAS BY SEAVING BONTE/CASS COURTIES

ADMONISHMENTS OF THE COURT

(Article 3613 Code of Criminal Procedure)

You are charged with the offense of Monstherized un of of my $\to$ criminal $$ of the admonished in connection with this matter as follows:

1. RANGE OF PUNISHMENT: If convicted, you could face the following range of punishment:

FIRST DEGREE FELONY: a term of life or any term of not more than 99 years or less than 5 years in the Institutional Division of the Department of Criminal Justice, and in addition, a fine not to exceed $\$10,000$ may be imposed. SECOND DEGREE FELONY: a term of not more than 30 years or less than 2 years in the Institutional Division of the Department of Criminal Justice, and in addition, a fine not to exceed $\$10,000$ may be imposed. THIRD DEGREE FELONY: a term of not more than 10 years or less than 2 years in the Institutional Division of the Department of Criminal Justice, and in addition, a fine not to exceed $\$10,000$ may be imposed. HARITUAL OFFENDER: a term of life or any term of not more than 99 years or less than 25 years in the Institutional Division of the Department of Criminal Justice. FIRST DEGREE ENHANCED: a term of life or any term of not more than 99 years or less than 15 years in the Institutional Division of the Department of Criminal Justice, and in addition, a fine not to exceed $\$10,000$ may be imposed. OTHEG:

2. NEGOTIATED PLEA AGREEMENT:

If a negotiated plea agreement has been reached between you and the state as to the punishment the state's attorney will recommend in exchange for your plea of guilty, you are admonished that the agreement and the recommendation of the prosecuting attomey as to punishment is not binding on the judge. The judge shall inquire as to the existence of any plea bargain agreement between the state and the defendant in open court and before any finding on your plea. If the Court rejects such agreement, you shall be permitted to withdraw your plea of guilty or sole contendre and neither the fact that you have entered a plea of guilty or sole contendre may be used against you on the issue of guilt or punishment in any subsequent criminal proceeding.

3. PERMISSION TO APPEAL:

If the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by you and your attorney, the judge of this Court must give you permission before you may prosecute an appeal on any matter in this case except for those matters raised by written mutions filed prior to trial.

4. NON-CITIZEN:

If you are not a citizen of the United States of America, a plea of guilty or sole contentre for this offense may result in depurations, the exclusion from admission to this country, or the denial of naturalization under federal law.

5. DEPERRED ADJUDICATION:

If the Court delers adjudicating your guilt and places you on probation, on violation of any imposed conditions, you may be arrested and detained as provided by law. You will then be entitled to a hearing limited to the determination by the Court of whether to proceed with an adjudication of guilt in the original charge. No appeal may be taken from the determination. After adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of probation and your right of appeal continue as if adjudication of guilt had not been deferred.

Given to the Defendant in open court in writing on this the

judge Presiding

NO
PH-F-00150

STATE OF TEXAS IN THE $5^{\circ }$ DISTRICT COURT V FOR THE STATE OF TEXAS $R_0,D$ (1110)

SERVING BOWIE/CASS COUNTIES

PROPOSED PUSISIMEN RECOMMENDATION

TO THE HONORABLE JUDGE OF SAID COURT:

As the result of negotiations between the parties, and unless and until this recommendation is superseded by subsequent proposal, it is understood by the undersigned that the Altorney for the State, upon Defendant's plea of guilty, will recommend to the Court that (check all that apply): $$ It is recommended that the prosecution proceed only on Count $$ It is recommended that punishment be assessed at a term of $$ $R\mathrm{s}\mathrm{s}$ $$ in the Institutional Division of the Department of Criminal Justice. It is recommended that a line of 5 $$ be imposed. It is recommended that the above-recommended sentence be suspended and that defendant be placed on probation for a period of $$ years. It is recommended that adjudication in this matter be deferred pursuant to Art. 42.12, C.C.P. for a period of $$ years. It is recommended that the following special terms of probation be imposed: $$ $$ $$ $$ It is recommended that the Court consider the following unadjudicated offenses under Section 12.45 P.C.: $$ It is recommended that prosecution proceed only on the lesser-included offense of: $$

AGREEMENT

It is agreed by the Delendant, the attorney for the defendant, and the Attorney for the state that the punishment recommendation's outline above may be considered by the Court when assessing punishment in this case.

Date of agreement: $$

ORDER APPROVING AGREEMENT

The Court accepts and approves the foregoing agreement between the State and the Defense and will assess punishment within the range of the agreement.

PROPOSED PUNISHMENT RECOMMENDATION

TO THE HONORABLE JUDGE OF SAID COURT:

As the result of negotiations between the parties, and unless and until this recommendation is superseded by a subsequent proposal, it is understood by the undersigned that the Altorney for the State, upon Defendant's plea of guilty, will recommend to the Court that (check all that apply):

$$ $$

It is recommended that the to be imposed at a term of $$ in the Institutional Division of the Department of Criminal Justice. It is recommended that a line of $S$ $$ be imposed. It is recommended that the above-recommended sentence be suspended and that defendant be placed on probation for a period of $$ years. It is recommended that adjudication in this matter be deferred pursuant to Art. 42.12, C.C.P. for a period of $$ years. It is recommended that the following special terms of probation be imposed: $$ $$ $$ $$ It is recommended that the Court consider the following unadjudicated offenses under Section 12.45 P.C.: $$ $$ It is recommended that prosecution proceed only on the lesser-included offense of: $$ $$ OTHER RECOMMENDATIONS: $$ exaivite of $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$

AGREEMENT

It is agreed by the Defendant, the attorney for the defendant, and the Attorney for the state that the punishment recommendations outline above may be considered by the Court when assessing punishment in this case.

Date of agreement: $$

ONDER APPROVING AGREEMENT

The Court accepts and approves the foregoing agreement between the State and the Defense and will assess punishment within the range of the agreement.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-81,011-02

EX PARTE ROY DURWOOD BRISTOW, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011F00150-A IN THE 5TH DISTRICT COURT FROM CASS COUNTY

Per curiam.

ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of arson and sentenced to eight years' imprisonment. He did not appeal his conviction.

Applicant contends that pursuant to the plea agreement, he would receive pre-sentence credit for time served since September 2, 2011. According to the judgment, he was credited with one day of pre-sentence time. He now contends that the plea agreement was breached.

Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts are needed. As

Bill Miller Judge Presiding $5^{\text{th}}$ Judicial District Court March 24, 2015 Mr. Abel Acosta Clerk of the Court Court of Criminal Appeals P.O. Box 12308, Capitol Station

Austin, Texas 78711 Re: Bristow, Roy Durwood CCA No. WR-81,011-02 Trial Court Case No. 2011 F00150-A Dear Mr. Acosta: I am in receipt of your correspondence dated March 12, 2015 regarding the above referenced matter. Please accept this correspondence as a Motion for Extension of Time to produce a supplemental record on this matter as remanded for a determination of additional facts.

Your correspondence of March 12, 2015 is the first time this matter has been brought to my attention. On January 8, 2015, I was appointed to fill the vacancy left by Judge Ralph Burgess who assumed the duties of his office on the $6^{\text{th}}$ Court of Appeals January 1, 2015. I have spoken to Justice Burgess and he indicates he has no present recollection of the Writ or the Court's remand for further proceedings. As indicated, this judge was not aware of the remand that was issued prior to assuming the duties of this office. Like the trial court, the District Clerk and District Attorney only assumed office on January 1, 2015 and neither of them has indicated they were aware of this pending matter prior to your letter of March 12, 2015. Accordingly, please present this correspondence to the Court for an extension of time to comply with the Court's remand for determination of additional facts.

Should you have any further questions for the trial court, please do not hesitate to contact me.

Very Truly Yours,

Bill Miller, Judge Presiding $5^{\text{th}}$ Judicial District Court WWM/ cc: Cass County District Clerk Cass County District Attorney's office Roy Durwood Bristow

Case Details

Case Name: Bristow, Roy Durwood

Court Name: Court of Appeals of Texas

Date Published: Sep 1, 2015

Docket Number: WR-81,011-02

Court Abbreviation: Tex. App.