Gibson, Tracy Ray, WR-68,962-04

Gibson, Tracy Ray

WR-68,962-04

| Tex. App. | Mar 12, 2015

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Case Information

TRAL RAY GIBSW

Stiles Unit $08, 94204, 05 ρ 0$ beaumant, Tx. 77765 Fridon, March 5th, 2015

$& a m p; Re: " 3 - 2007 - A \ & a m p; " 4 - 2007 - A$

Dear Clerk of Court Abel Acosta Court of Criminal Appeals, R. B. Box 12308 , Capital Station Austin, Tx. 78711

RECEIVED IN COURT OF CRIMINAL APPEALS MAR 122015

Abel Acosta, Clerk

Enclosed yu will find an original copy of my Response" to my trial courts' (145thSuperior List) order to deny writ habeas corpus $$ 11.07$ .

If You have any questions or comments or instructions from this honorable court pleasc send them to me at the address above. Thanks

*2 In the Criminal Court of Appeals IN THE CITY of Austin STATE OF TEXAS TRACT RAY GIBSON * 1436824 Stiles Unit 3060 FM 3514 Reaumont, TX. 77705 (Pro se petitioner) &; Cauve NS(5): $ F14962-2007-D $E 14963 - 2007 - 4$ $E 14964 - 2007 - 4$

Texas Department of Criminal Justice State of Texas

Petit'eners Response to Trial Courts Order Dewins Application for writ of habeas corpus with findings of FACT and conclusion of Law

Now comes Pro se petitioner, Tracy Ray Gibson, ID * 1436824 ; currently in the custody at the Stiles Unit, 3060 FM 3514, Beaumont, TX 77705. I now present to the honorable Court of Criminal Appeals, my "Response" to the 145th Superior District Court of Naco- daches County, city of Nacodaches' order to deny application for writ of habeas corpus 3 11.07.

History of Case

In accordance to Texas Criminal Code and Procedure Act. 27.02(3) petitioner entered into a plea of guilty to the criminal charges of V.T.C.A. Penal Code &; 29.03 Assrended Robbers with the range of punishment V.T.C.A. $$ 12.32 5.99$ years, first degree, folont; accepted a plea bargain for 20 years and admonisted by the $145^{th}$ Superior District Court, honorable Judse Campbell Cox II, presiding with court-appointed attornet, Mr. Gene Caldwell, on May $2^{nd}, 2007$ . Mr. Gibson, was entered into Texas Department of Criminal Justice-Ins tituitional Division as of June, 2007.

Mr. Gibson, filed his first state writ of habeas corpus $$ 11.07$ sometime between June, 2007, to August, 2007; on the grounds of 11 defective indictment 2) ineffective assistance of counsel and 3) deadly weapon findings, The 145 th Superior District Courts' response to, Mr. Gibbons', $$ 11.07$ filed a NANC Pro tunc motion in attempt to correct the defective indictment by changing the criminal charges from $$ 29.03$ As. Robbers to the lesser included offense

*4 of $29.02 R o b b e r y, t o w h i c h g i v e s a n o t h e r c a u s e o f P u n i s h m e n t V . T . C . A .$ 12.53 3^{\text {th }} $d e g r e e f e l o n y t o s e r v e w o l e s s t h a n 3 y e a r s a n d n o t t o e x c e e d t h e m a x i m u m o f 30 y e a r s . T h e n e w t r i a l c o u r t o r d e r w a s f i l e d o n O c t o b e r 15 t h, 2007 . A l s o t h e t r i a l c o u r t f i l e d i t^{'} s f i r s t o r d e r d e n v i n g a p p l i c a n t s s t a t e w r i t o f h a b e a s c o r p u s$ 11.07. The trial court did not forward it's post-conviction court order to Mr. Gibson, his court-appointed attorney; or evento the TDCJ- Records division until (5) five years after the fact in December, 2012.

Mr. Gibson, was contacted by State Counsel for Offenders Appellate Attorney; Mrs. Karkie Elworth, who initiated a legal "Phone-call" managed by the McConnell Unit, institutional law librarian, Mr. Martinez, Duxing the Private conference, Mrs. Elworth, advised me that the trial court utilized an improper remedy; wunc Pro tunc. I asked her about the statute of limitations the trial court has to reindict me and she failed to repond.

I been to receive Parole interviews after

TDCs: Records Division recalculated my parole disobititi in accordance to V.T.C.A. 3508.149. My Parole interviews are accordingly: January, 2013; February, 2014; February, 2015. Between 2013-2015 Mr. Gibson, earned promotions in security class releasing him from Ad ISes status to G1-4 medium custody with his line class I.

Findings of Fact

The court-amounted attorney, Mr. Irene W. Caldwell, who never reviewed the indictment, and not give effective assistance of counsel by allowing, Mr. Gibson, to enter into a Plea-barsain unintelligently or unknowingly based on a defective indictment. Mr. Gibson, alleges the trial court to be in the following errors: I. Siled the improper remedy; wunc Pro tunc, that can only correct clerical errors, when the proper remedy would have been to reindict, Mr. Gibson. 2. Trial court had proper notification and it was appropriately brought to it's attention (3 II.O7) of the defective voidable indictment in, 2007.

trial court failed to contact the court appointed-affarney, Mr. Caldwell, TDCs-Records Division, and, Mr. Gibson, until December, 2012, which was five years after the fact. TDCJ-Records Division showed recent "Time-slims" verbatim. Mr. Gibsows', legal status for People elisibility.
trial court exceeded it's jurisdictional powers and authority when the statute of limitations existed in accordance to Thras Criminal Code Procedure (T.C.C.P.) Act. 12.01 (4) (A)... " defendant can be reindicted 5 years from the date of the commission of the offense; (A) Thoft or Robbery.
the trial courts actions breached the Plea-barsain agreement and has caused fundamental errors violation. Mr. Gibsows', rishs protected to him by the U.S.C.A. 6th and 14th Amend.

RELIER / PAYER Petitione, Mr. Gibson, seeks the relief and erster Permitted jurisdiction by the Criminal Court of Appeals to reverse and remand his conviction

*7 back to his trial court, 145th Superior District Court, Naccodoches County, city of Naccodoches, state of Texas 15961. Mr. G. G. défson, further requests and other unnamed remedies that will afford/award him a re-sentencing heavy in his trial court.

Innate Declaration / Certificate of Service I. Tracy Ray G. ibson * 143082 U , declare under dity of persurts that all the feebings contents and information are true and correct to my faith and belief. By utilizing the United States Postal Service a true exact copy is being mailed to: Criminal Court of Appeals, P.O. Box 12308 Capital Station, Austin, TX. 78711 and a complimentary copy is being mailed to: 145th Superior District Court, 101 W. Main St. Room 120, Naccodoches, TX. 75761. Executed 61 me on this, 310 day of March, 2015.

Tracy Ray G. bson 3-2-15 Nancy Ray G. bson 3-2-15 (C)