*1 NO. 2008-CR-9408-412
EX-PARE
IN THE DISTRICT CO.RE
STENEN M. GARV
BEYAR COUNTRY THERAS OCT 142015
MEMORANDUM OF ADENOUS, 1867
IN REEJONCE to the ORDER ISSURED ON 8.25.15 by Juke Mary Roman 175th Judicial District Court bexer county. Texas
ABSRIGHT ON OR ABOUT 8.20.09 PIEd. NGO Contendere to the osience of possession of a controlled Substance less than 1 (6rom) habitual.
Habitual offender statute can't be used to enhance state jail felony. Primary osience when sentence would be otherwise governed by statutory provisions setting droits on term of confinement and fine for In dividual Conuicted of state jail Felony. HENRY V. STATE (APP I DISTRICT 1996) 916 S. 10 P. 2d 57.
NON aggronated felony that was ensuiced to second degree felony for punishment due to defendants two prior felony convictions was not subject to further enhancement under habitual offender provisions applicable to felony osienses other than non aggra. uated felony. STATE V. WEBb (CR App. 2086 12.55 Habitual offender.
*2 CONCLUSION. Applicant uses SENdenced illegally and Request all Releas he is ENTERLET TO.
Respectfully Submitted STEVEN M. GARV No. 900827 200 N. Comal AD27 San Antonio, TX 78207