in Re: Gayland Decloyce Williams

Case Information

Dore: Morenice 27, 2017

$12-17-56371-CR$

Pan Estes

Cloek, Twelfith Cover of Appents 1571 West Front Street - Suite 354 Tylle, Teens 155702

FILED IN COURT OF APPEALS 12th Court of Appents District

NOV 302017 TYLER TEXAS PAM ESTES, CLERK

Enclosed are Apphrans Desgand "Morson Toe Leave To Tale An Desgand Apphemson Toe West of Mandamus", atony woth Eshibata... Also see a copy of "Morson To Show Culse Toe Contempt" executed on this the Dboly of Apend 2017 Fated Apend 172017...

DeneCloek,

Tense Tale mark this letter as post received as recenpt and Retuelt to the in the self-addeced stmpeel envelope ppooled.

Respectilly Submented

12-17-00311-CR Teval Cover Case* 241-1607-14 Twelfth Cover Case" 12-15-00068 ELF P 14 COURT OF APPEALS Cause No. 241-1607-14-A

Gayland Deeloyce Wellcams vs. The State of Texas

3 IN THE TWE L FANC of

3 SMrth County, Texas

Morton Fox Leave To Fcte AN Desginal Application Fox Wor of MandAMus

To The Honorable Judge's of sard Cover: Comes Now, Gayland Deeloyce Wellcams, Appieant, Fto Se In the above-styled and numbee's cause of Merton And Feles this deignial Appiearion Fox Wor of Mandamus, pussuant to Morale 11.07 section 3 (c)(d) of the Tens Lode of Cernrial Reoceduce, and TEXAS Gov't Code Ann's 22.221 (B) = 22.221 Wor Yowce, Case: FadzLLA Ks.MC.Donrel, 122 S.W. 3d 805 (Tev. Com.Ap. 2008); TexCenkt. Aer V. 36 TEXAS SImures, Construturion of the State of Texas 1876, Morale V. Judxian Depremment, Sec. 6 Cover of Appents: Teens of Justices: Case (A)... Desginal Rececting, sec. 0 Ie: Dacken Us. Cover of Appents Second Dest., 727 S. W. 2d 542-544-30 (Tev. Com. Ap. 1987) ... Mandamus Retret; TWO PONPs, see Oves: IN ReState Ex Rel. VItla Lo Bos, 218 S. W. 3 d 837 (Tev. Ap. Coepus Cherser 2007); In Re Redergue 2, 77 S. W. 3 d at 460 (Tev. Ap. Coepus Cherser 2002) ; and State Ex Rel. "Hzll Us. Cover of Appents Fifth Dest., 34 S. W. 3 d 924, 927 (Tev. Com. Ap. 2001) ... And would show the Cover the Followteng:

I.

P. Apptrain

GaylandD. W.Itans. TAC. 3. 40875982 x 2 n OFFentiee inonstented In the Tens Department of Cerinonal Justice and is A ppenentg Pro-Je who can be located at "Beeey Telfoed UNIT, 28985979 Hwy 98; NONOestent Tens 75570; BoNte County, Texas... Apptcant Gayland Decteys Wethzans, Fited Hss Feest apptranten Tex. C.C.P. aercle 11.07 Habens Coepus en Sgorandee 152208... All Egnig two grounds Toe Retiel, Apptrant Feest Geound Toe Retiel Clasm teral Counsel/ Hon. Cls fron Robeeson de perved Apptcant of Hss Construntonal Reghr to Have Efectave Assistanke Counsel. Apptrant Second Ground Toe Retiel Apptrant Clasm "No" evidence to support the convection foe a THxad degree Fetony Evadeng worth Wthiele.

Durlane of Wert of Habers Corpus Fiting Althaehly 20le, Applemnt Fited cove Letter to the Desserer Cheek: Loss Rogers, of Smith Gourty, Texas... Along with the Fellowings; Morton Toe Evidenta Wy Henering; Deder Regarding Request for Hearing; Requestfoe Cover Appointed Counse 1-1.1.1estuant to Article 1.051. Texas Code of Remenial Procedure also Exhobst 1. Decineration In Suppoer of Reght to Repersentation By Counsel Her 1.051. Texas Code of Cerminal Procedure; Deder: Appointment of Counsel; Morton Toe Bench WARENT with Deder... AN seprender 15,2016, Applemnt Fited His Fuest Article 11.07 application Wert of Habers Corpus Seeking Retret From Final Fetony Covviction Judgment Sententing. see: TEX. R. App. Pex. 25.2 AN seprender 25,2016, Applemnt received state's Answer in Habers corpus and Designated issues. Apticant Alleged two grounds for Retret. Under Apticant Fuest ground the complanned that recal counsel, Hon. Chtron Roberson, was ineffective for a variety of reasons. Starting the need for and evidenre any Hearing and Expansion of the record by way of Affidavtr from Apticant recal counsel, Hon. Chtron Roberson... AN Decober 04,2016, A memorandum Deder was issued to determine the meers of Apticant Clasm, a heareng will be granted by way of AFFidavtr only from recal counsel, Hon. Chtron... Decober 04,2016-then-November 12,2016... 33days...

ON November 28, 2016, Destezc Cheek Filed App1zaant; Motron seeking information performing to the Couers Request for AffedA vT From Appiccant Total Counsel From Cause #241-1607-14-A... ON April 17, 2017, Destezc Cheek/Loys Reges Filed Applcant Motions; Motron for Remission to Amend Petition for West of Habers Corpus Land Motron TO 5 How Contempt... ON May 25, 2017, Applcant sent a letter to Hono able Judge Jack SKeen, Jr. presiding over the 241st Destezct Couct Smith County, Texas... Letteng Hcw Know that his time has exceeded the 180 day period. TEX R. App. Rev. 73.5... Andtoy please disposal Applicant Post Conviction Applcantion For Westof Habers Corpus to the Destezct Cheek/Loys Rogors; So that s he can immediately termsin to the Couter of Cerminal Appack Cheek: Abel Acosta, at Supreme Court Dldg., 201 VA 14th St., Austin, Texas 78711...

Wext of Mandamus Spongs

I.

GUSTICIAbIE InTERest

Apprant has a Clear CusticIAbie InTERest Stating From November 19,2014, When teral counsel, Hon. Oziron Roberson was appointed to REPESENT Apprant as a defendant. Upon his visit's at the Smith Gourly Card we never go on track to the Charge: Evading with vehicle under:38.04 of the TERenalCode. At one point appointed teral counsel acted as if He dedit have to pay attention to "Lay Person" because of my lack of Legal Knowledge. On February 08, 2015, teral counsel ded not inquire as to if my case won Id need any outside assistance from another Fren. Now did he inquire as to what typies of defense he was we had put together in order to adequately REPESENT his Client. Apprcant teral counsel did not take on his Responsibility to conduct a prompt investigation into the circumstances of the case and explore all aVentus Leading to the Facts REE VANT to INNECEMEIguilt we penatry. If teral counsel would have secured information in the possession of the state's presence and law enforcement authorities. If this would have taken place teral counsel would'W have gave his client ERRONEOUS advice. Resecution Mas conduct also played a role in Ineffective assistance of counsel, because teral counsel REPEATELY TAiled to object to the in Admisssible Ineproper Evidence. All potential ReVesible erRoR in a teralcoVet was not presered because teral counsel's REPEATED TAIled to object. Duffy vs. state 567 S. 14.2d 197 (TER. C. App.1978). Resecution Mas conduct 'see ter. C.C.P. Aet.2.01 Duties of Desteice A tionery.

Herford Us. State, 134 S. W. 3d 733 (TEx App. - For North 2009), see: Tex Cade of Ceramical Pew. Aerztele 38.23 (A), and Schulz Us. State, 446 S. W. 2d 872 (ex. (e. App. 1469) tex. R. Cern Evd. 103 (D). . . The teral couers recoceds will reflect that teral counsel made MObecrions to the charge not the evidence peesented. See: Reporter's eccoed Volum 1-of-1 teral couer Caus Mo 241-1607-194. Vol. 10, Lines 5-18; Vol. II Lines 4-6; Vol. 12 Lines 5-12; Vol. 13 Lines 6-8... Above: Rummel Us. State, 504 S.W. 2d 630 (ex. (e. App.RTM); Cuyler Us. Sullivan, 1005. Cr. 1708 (1880); Srerckland Us. Washington, 104 S.C. 2052 (1884); Tex. Rules of App. Pew RWA 33.1 (A)(1); "Welson Us. State, 715. W. 3d 346.344 (ex.Cem.App 2002). . . At that point Has ethical duties to art in as a professional manicr by showing some contract of interest. In other words you can have a inkompetent teral counsel, who is very loyal to His clent, keep your best interest at Heart, and preserve client confidence, but simply BLOW yavecase. Tars founds the Duetrocess clause of the Fourteenth Amendment standing alone and unarded when "Inteffective of counsel" has eroded a teral fundamenta- tly unharness, whether teral counsel be returned or appointed and whether his action be "inaction was known be" unknown to state teral efficacy. see: Alu Us. State, 65 S. W. 3d 664 (tex. Cem. App. 2001); Tex. Cade Cem. Pew. AnnAer. 1.15; Rogers Us. State, 640 S.W. 2d 248, 264-65 (tex. Cem. App. Banel Op.) 1882 ... Teral Counse/ most definitely didnot attempt to determine if appiccant was guity-oe. In nocence with teral counsel having experence before In Front of 241st Destrict Judge: Jake Skeen Se. involving

other case's why did he Just stand there as if He had a good strong de Fense. He never owe advised Applcant of His Right To Appell after Sentencing.... see: Texas Sentencing Book; 3 2.4 Appell (A) Defendant's Right to Appell...Tex.R.App. Pec. 23.1.... After Sentencing; Tex. Case Cerm. Pec. Article 44.O2.... Texas Sentencing Book; 32.4 (C) Punishment on Remand: Tex. Case Cerm. Pec. Article 44.29 (B) Effect of Reveled; Ex. Trate Sewell, 742 S.W. 2d 393,397 Tex.Cerm.App.1987; Carson Us. StATE, 6 S.W. 3d 536,589 Tex. Cerm.App. KRA)....

II.

Clear Right To Relief

Applicant Is seeking Jurisdiction Relief under; Tex. Code Cean.Rec. article II. 25 = By Whom Well May Be Granted, Tex. Code Cean. Rec. II. 15 Will Granted Without Delay... Applicant Is seeking Authority to Act because of being unsuccessful in obtaining Relief from the 241st District Pover Fiscal Judge; Jack Sheen, Jr. preceding Smith County, Texas... Similar Jurisdiction Is the One of Judicial power Vested in the County by the Texas Constitution Embracing the Authority to Near Evidence, decide Issues of Fact Raised by the Applicant Application Wear of Habers Copies, under Code of Central Procedure, article 1107, decide Relevant question of Law, enter Final Judgment on the facts, and Law, and execute Final Judgment or "Sentencing. Applicant Is Seeking Relief under; The Statue; Tex. Penal Code 38.04 punishment Range...The statue should Have Direct and Positive) Constitution Element of the Alleged offense sought to Be Charged. This Is How the Indictment should have Been whetten: Statue: 3804 (B)(A) (B). Applicant permary deferise was that of a offense class (A) misdepression. Because treat Counsel, How. Defend Robeesen, Fatal to use his Responsibility to conduct a prompt investigation into the circumstances of Applicant Case and explore allavelines leading to the facts relevant to Applicant innocence (butt and the degree of gutit at any or penalty, see: Extreme Fatpartைக் (ce App. 1459) 161 Tex. Cee. 376, 320 S. 142 2d 683...

The State presecurse: Me Kenneth M. Briggs and applicant Teral Counsel, Hon. Ma.Clifton L. Roberson, BROADENEd 'oe'Altered the offense term a MYtode nCANce, to a State Jod felony, to a TARod degree felony, by alleging one additional element: The use of a MOtode Vehicle. see: UNITED STATES Us. ChANd lee, 259 F. 2d 254 (5thCe.1999); STERONE Us. UNITED STATES, 361 U.S. 212, 215-17, 80 S.C. 270, 272-73, 4 L.Ed. 2d 252 (460); EX PRere BAEN, 12 U.S. 1, 10, 75.CT. 781, 786, 30 L.Ed. 849 (1887); UNITED STATES Us. Young, 730 F. 2d 221, 223 (5thCe.1884). . SEE: Exhobtr (A) Indertment ... (B) Judgment of Convection by ConrWARver of Juey Teral sheet... Section 38.04 Is a complex statute Hанеver, provating For the ele vation, enhancement, or upgrading of the offense itself to different degrees or Levels of Felony oPense's depending on ceeration circumstances. When the offense Is upgraded, the punishment then applicable will come into play provating the proper proof Is offered. I, Gayland Deloyce Wellcams, applicant Mo Se/Lay person was convicted under: Tex. Penal Code SEe. 12.34 (A), Tixed degree punishment. This Is what they wantedto use: Tex. Penal Code SEe. 12.35 State Jod Felony Yonishment (c)(2). They avoided the Use of Tex. Penal Code SEe. 12.42 Penalties for Repeat and Habitual Felony offense on teral for terest, Second, or Third degree felony. Not connected under: Tex. Penal Code 38.04 Evading with Vehicle asatied in the Indictment-preSented.see: UNITED STATES Us.GREENWOOD, 974 F. 2d 1449 (5thCe.1992) UNIER 18 U.S. C. $3742(B)(2)\dots$

UNDee:TEx. Tena/Code38.04 Evading ARRECT De.Detention; Three are two (2) Version of (B) ...The FTest one states (B)Teveasion: Amended by Act 2011, 82nd Legs. Chs. 920 Jsenate Bril1416... Appiccant offense apply to (B)Teveasion: Amend By Acts 2011, 82nd Legs. Chs 391 JSENATE Bril446... see:Exbubz(C) Texas82nd Legis LaTure Chapter 391 JSENATE Bril 446... Texas Real Code Ann. 3804 (A)(B)(2) Language structure, subject matter content, and History make it clear that a phrase construction Constructes an element of the felony offense of Evading arrest. As an element, the pence construction Nor only but must be included in the Indictment, but also must be proved at real. See: Conzales Us. State, 588 S. W. 2d 574, 575 (TEx. Cerm App. (Panel Op. 14974); Calrol Us. State, 176 S.W. 3d 231, 234, 236 (TEx. Cerm. App. 2065); Ex. Farte MoFFE T, 542 S. W. 2d 184 (TEx. Cerm. App. 1476); Greego Us. State, 331 S. W. 3d 815 (TEx. App-Amaral16 2011); Food Us. State, 112 S.W. 3 d 788 (TEx. App-Housion [1THDest. 2003]; State Us. Atwood, 16 S. W. 3 d 192 (TEx. App. Beaumont 200) ... Abo see:Exhubz (B) Judgment of Construction By Cover -Waive of Sineytreal... The State did Notput on any Evadence of the office: Robert Marn Repoer, Any Audio or Video, depicting the office's in pussue of application Vehicle in a High Speed Chase De To a Heavily Lighted Area, Emergence teghts on indicting the pussue of the application vehicle, or the Relevance of whether application had ever been previously convicted under Section 38004 of the Tex. Penal Code. At this point application Real avnsel, Hon. Robeeson should have objected and concedes that there is NO Evadence to supoer

the Class (A)mesde meAnOR, state Jind FelsnY, to a Third degree FelsnY. DUE Redess vrolation aReSE From a complete ASSence of EvideNCE to support the conUcTten. SE: Ex Parte ColEman, 599 S.W. 2d 305.307 (TEX Cerm. App. (RANel (Ap. 10978); RIEM 16. STATE, B78 S.W. 2 d 383,384 (TEX Cerm. App. 1994); EX PARTE EERATES, 215 S.W. 3 d 418 (EEx Cerm. App. 2007); ATHOOD 16.5 MTE, 972 S.W. 2 d 880 (EEx App. - TERAR RANA 1998); NIX 16. STATE, 65 S.W. 3d 664, 668 (TEX Cerm.App. 2001); TEX. Code Cerm. Proc. ANn AET. 1.15 JURY IN FELNY...

Applicant IS SEEKING RELLET From the Cover of CERMENIAN Appeals IN having the STRATIAR SURVEDICTION as the 241" DISTRET COURT. Because Applicant has been unsuccessful, it obtaining RELLET From the TRIAL COURT JUDGE' HON. JAKE SKEEN, JE. pressidING 241STDISTRET COURTIN Smith County, Texas...

A Judgment of "EXONERATION" to be ReNbleed as to the Third degree FELNY of Evading with Vehicle and Shoning NO Evidence NOR point of being previously convicted of Evading AREST OR DETENTION; UNdEe. TEX. PENNIGOde 38.04...

GRANT Applicant MOTION FOR BENCH WARRANT AND DEDER" already Filed: MAREN 11, 2016... To Show that Applicant IS ENTETIED TO dISCHAEGE FROM: TEXAS DEPARTMENT OF CERMENIAL JUSTICE UNdEe: THE OPERATION OF "BRYAN COlEER, EXECUTEVE DERECTOR, AT THIS PRESENT TEME... Applicant contends that he SENTEN tENy, UNdEe: TEX. PENNIGOde SEL, 12.341 A) Amounts to reUel and unusual punishment in vrolation of U.S. CONST. ANEND. VIII. TEX. CONST. AET I. 313 (VERNUN 1984) AND TEX. CODE (RANN. Proc. ANN. AET 109 (EUEtY FOREUDDEN (VERNUN 1977)...

III

Demand &; Refusal AN September 28, 2016, The State's ANSWER by (D). Mart Bingham; Cerminal District Attorney Indicated the Need For and Evidentrery Hearing and Expans in of the Record. AN affidavet From Appiesant teral conisel, Hon. Clittoni Ks berson, Is needed to actleess Apptcant geaund For reflect that He received in effective Ans tstance of counsel. AN October 04, 2016, The 241st District Cover started to determine the mEerts of appticant clarm, a hearing will be Gerned by way of affidavet only, from teral counsel, Hon. Clitton Roberson...The Memorandum was cedered TEX, Eeqit Cunf ANN: 311,016 stating teral counsel shall submit an original and three copies of His affidavet to the post-conviction wiert Cleek by November 17, 2016 deadtenE for fating of the atidavet only. SE: Erhcbrt (D) Memorandum... Number 4 in the Memorandum states that appticant is not to be brought back to the Smith CountyJard for the Hearing. At this point appticant should Have Been Appoinred a Attorney to Handle all of His designed issues. This erequine procedure was designed to avoid appticant stay in the procedure. If the 241st District Cover would have allowed for a Descovery Evidentr ery Hearing in the procedure. TO Be conducted under either Descovery Control Evidentryery Hearing under: TEX. Code of Cerminal Procedure Article 11.0135 (W)... Without the other interest parte being present then how Is it that the Hearing will be conducted properly without No opportunity at all to make commits. At this point teral

Counsel as acting in Bad Path and has also Fated to afford applicant the two Fessional and Common couleresy of Any written response to his statement of Facts consequently the expansion of applicant allegations of receiving ineffective assistance of counsel Terai counsel, Hon. Roberson did not ride a Motion fro Extension of Time to ride Affidavst. see: Baker Us. Johnson & Campbell Motocca 412 S.W. 2d. 386 (TEX. Cv. App. San Anton to 1461). Note the terai couler 241st District Couer has not receive an answer from terai counsel, Hon. Roberson, within the 33 days allowed to ride. see: Steed Us. Woods, 475 S.W. 2d 814, 816 (TEX.CV. App. -Amaralb 1972); In Re Fisch, 95 S.W. 3d 732 (TEX.App. Houston Ld'Dest. J(2003); In Re Thompson, 95 S.W. 3d 737 (TEX.App. Houston Ld'Dest. J(2003); Tek.R. Cv. Rec., Rule 215. Abuse of Discovery Sanctons, 215.2 (5) = (5) = (5) = (5) = (5) = (5) = (5) =

Faslue to comply with Order of with Discovery Request... Applicant Terai counsel, Hon. Roberson, visited a Ministerial Duty when he Fated to Timely ride controverting statement of facts of Affidavst and Extension of Time. A Ministerial Duty already spellout a duty to be performed by a public official with such certainty that nothing is left to the official discretion. see: Anderson Us. C.rge of SEVEN Points BOkS.W 2d 791 (E.X. 191); Dunn Us Street, 938 S.W. 2d 33.35 (TEX. 1972). On DNe the 241st District Couer had not gotten a response from applicant terai counsel, Hon. Roberson, within the time allowed for them on the determination of merits in applicant claim receiving ineffective assistance of counsel.

The 241st District Cover should have Note Field State's Attorney D. Matt Bergham and Assist. Michael J. West, at 100 N. Beardway, 4th Fl. Coverhouse, Tyler, Texas 75702. Startle that No statement of facts were file by way of a tradater From applicant Term Cunsel, Hon. Robeesen...Morty District Week, Loss Rogers, so that she could immediately transfer all field motions and response's to the Cover of Memorial Appeals. The absence of statement of facts does not require the dismissal of Habers corpus application. It Entities applicant to a reversal of the term Cover Judgment Sentencing in the absence of a statement of facts on the meeting The absence of statement of facts prevent applicant from knowing about if there was a error based in His ground. Ne? In effectiveness Assistance of counsel and effectiveness Assistance of counsel. In the legal issue the 241st District Cover Judge Hon. Cook Siken, Jr., failed to analyze the apply the Law correctly which constitutes an abuse of discretion and entries applicant to a reversed man. Because of the applicant unsettled area of law in the Ministerial Duty. See: Huze 16. Deshazo, 922 S. w. 2d 920, 927-28 (tex. 1996); In Re Tyler Asphalt & Gravel Co., 107 S. W. 3d 832, 840 N. 10 (tex.Ap.-Huson 14th District. 1 (2003).—The failure of the 241st District Cover to act within the allowed time volontà the code of equity. It aids the vigilant and not those who slumbered on these Rights. See: Ex there Carers, 992 S. w. 2d 986, 987-88 (tex. 1994); Yes. R. Appiece, Rule 73. 73.5 time frame for resolution of claim based in application. Bodays. SEE: Tex. Gov't Code Ann. § 82.061

(veenen 1988) 382.061 Mrs behavive De Contempt (A); also see: TEX. Gov't Code ANN 3 21.002 = Contempt of Cover (B). See:Exhibit (E) letter to the Hon. Judge; Jack Skeengte.

Ceerf Ecate of Seevere

I Gayland Deloyce Millams, TDCJ. ID*00875982 [Apprent] Ho-Se Lay person; Hereby Lecrdy that a true and correct copy of the above and foregoing; Merton fue Leave To File AN Desginal Application Toe Mort of Manlamus; Rule 72.1 Leave To File.. Is being Fawned By Uwited State Mad Hand dthowed to The Tue Lfth Cover of Appeals, Cleek: Eam Estes at 15/7 West Front Street, Suste 354 - Tyke, Texas 75702 onthes the 27th of November month 2017 yeae.

Reportully Submitted Gayland Deloyce Millams Gayland Deloye Millams T.DC.J. ID* 00875982 T.DC.J. WVV: Becey Telfed 3849 StME Hwy 98 New Boston, Texas 75570

Prayer

Applennt Respectully Reay that thes Honeable Covertanel of Cover of Cerminal Appels well Erenr "applennt"Motion For Leave to Eate an Eregonal Application Toe Wert of Mandamus, unntec:Tex.R.App. Fecn, Rule 72-Extreavdcnary Manees- Rule 72.1-Leave to Eate... Applennt Is Deeking Surrisdiction Relief undee this Covertanel havendthe SImitar Cuerisdiction as 2412t Destret Coverdue to the unsucess ful Retict From Applennt Veral Counsel, Hon. Roberson, conflict of Infreest- No ERetive Assistance of Counsel And "Teral Judge Hon. Jack Sreen Je., Masconductin Faiting to Analyzing or Applying the LAn cverectly...Tex.C.P. Article 11.05 By Whom WermAn Be Granted. and Tex.C.P. Pericle 11.15 Wert Granted Method Delay. also see: Ee there Frzpatreck, (ce App K59) 167 Tex. Eerm.376, 3205 W. 2d 683 ...

INDICTMENT

241-1601-14

THE STATE OF TEXAS VS GAYLAND WILLIAMS

CHARGE: Evading with Vehicle
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURORS, duly selected, organized, sworn and impeneled as such for the County of Smith, State of Texas, at the July-December Term, 2014, of the $7^{\text{TH}}$ Judicial District Court in and for said County, a quorum thereof being present, upon their oaths present in and to said Court that on or about the 3rd day of October, 2014, and anterior to the presentment of this Indictment, in the County of Smith and State of Texas, GAYLAND WILLIAMS did then and there, while using a vehicle, intentionally flee from Robert Main, a person the defendant knew was a peace officer who was attempting lawfully to arrest or detain the defendant.

AGAINST THE PEACE AND DIGNITY OF THE STATE.

THE STATE OF TEXAS

COUNTY OF SMITH

I. Lois Rogers, Clerk of the District Court within and for the County and State aforesaid, do hereby certify that the foregoing contains a true and correct copy of the Indictment in Cause No. $$ , of the State of Texas vs $$ as now on file in this office.

IN TESTIMONY WHEREOF I hereto set my hand and seal, this $$ day of A.D. 20 $$ .

LOIS ROGERS

CASE No. $241·1607·14$ COUNT 1 INCIDENT NO./TRN: 9061616174

THE STATE OF TEXAS

v.

GAYLAND DECLOYCE WILLIAMS

STATE ID NO.: 02648368

IN THE 241ST DISTRICT COURT

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

| Judge Presiding: | No. Jack Slesen Jr. | Date Judgment
Entered: | 02/19/15 | | :--: | :--: | :--: | :--: | | Attorney for State: | BIGGS, KENNETH | Attorney for Defendant: | ROBERSON, CLIFTON | | Offense for which Defendant Conricted: | | | | | EVADING WITH A VEHICLE | | | | | Charging Instrument: | | Statute for Offense: | | | INDICTMENT | | 38.04 | | | Date of Offense: | | | | | 10/03/14 | | | | | Decree of Offense: | | Plea to Offense: | Findings on Deadly Waxon: | | 3rd Degree Felony | | Guilty | N/A | | Terms of Plea Bargain: | | | | | REFLECTED IN JUDGMENT | | | | | Plea to 1st Enhancement | | Plea to 2nd Enhancement/Habitual | N/A | | Paragraph: | N/A | Paragraph: | | | Findings on 1st Enhancement | | Findings on 2nd | | | Paragraph: | N/A | Enhancement/Habitual Paragraph: | N/A | | Plea on Jurisdictional | N/A | | | | Paragraph: | | | | | Findings on Jurisdictional | N/A | | | | Paragraph: | | | | | Date Sentence Imposed: | 2/19/15 | Date Sentence to Commerce: | 2/19/15 | | Punishment and Place
of Confinement: | 10 Years/ Texas Department of Criminal Justice - Institutional Division | | | | | THIS SENTENCE SHALL RUN CONCURRENTLY | | | | Plea: | Court Costs: | Restitution: | Restitution Payable to: | | 20.00 | 2304.00 | | |

See Offender Registration Requirements DO NOT APPLY to the Defendant.

Time

Credited: DAYS - 129 All pertiont infornation, mence and amomemente indizated abore are incorporated into the longuage of the judgment below by reference. This cause was called for trial in Smith County, Texas. The State appeared by her District Attorney. Counsel (Waiver of Counsel (select one) XCCX Defendant appeared in person with Counsel. Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequence of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.

TEXAS BLND Lepro Laruee = LEXIS NEXIS CHApter 391 = SENATE Bill 496

201/TEX. ALS 391; 201/TEX GEN. LANS 391; 201/TEX. CH 391; 201/TEX. SB 496

Bill Tracking Summary For TEXs Document

Symopsis: An Art Relating to the government for the Offense of Evacling Affect or Detention.

Be It Enacted By The Lepro Laruee of the State of Texas:

(1) Section 1. Subsections (A) and (C) Section 38.04, Penal Code, are amended to Read as follows:

(1) An offense under this section is a Class Amisdemense, except that the offense is:

(2) A State Just Felony if:

(A) the Actof has been previously connected under this section; or (B) the acres uses a vehicle (A) or watercraft (A) while the acres is in Flight and the acres has not been previously connected under this section?

2] A felony of the third degree if:

(A) the acres uses a vehicle (A) or watercraft (A) while the acres is in Flight and the acres has been previously connected under this section; or (B) Another suffers section is body uniquely as a direct result of an attempt by the office from whom the acres is Fleeng to apprehend the acres While the acres is in Flight; or 3] A felony of the second degree if another suffers death as a direct result of an attempt by the office from whom the acres is Fleeng to apprehend the acroe while the acres is in Flight.

(c) In This section [A?]: [A]

A "Vehicle" [A] [D], vehicle" [B] has the meaning assigned by Section 541. 201, Tennspoercon Code.

A "Watercraft" has the meaning assigned by Section 49.01 [A]

Exhibit (C)

Grbebt (C) Back

(0)
CAUSE NO. 241-1607-14-A
EX PARTE

MEMORANDUM

The defendant, GAYLAND DECLOYCE WILLIAMS, alleges that he received ineffective assistance of trial counsel. To determine the merits of this claim, a hearing will be granted by way of affidavit only from trial counsel, Hon. Clifton Roberson.

ORDER

1. The defendant's First Ground is DESIGNATED for future resolution.
2. A hearing will be held by way of affidavit only concerning the allegations of ineffective assistance of counsel in the defendant's application. This hearing will consist of an affidavit from the defendant's trial counsel, Hon. Clifton Roberson, relative to his representation of the defendant at trial.
3. Mr. Roberson shall submit an original and three copies of his affidavit to the postconviction writ clerk by $$ , 2016. The clerk shall then mail a copy of the affidavit to the defendant and forward a copy of the affidavit to the appellate section of the Smith County Criminal District Attorney's Office.
4. The defendant is NOT to be brought back to the Smith County Jail for a hearing.
5. The clerk of the court is ordered to send a copy of this order to the defendant, Gayland Decloyce Williams, TDCJ-ID #00875982, Texas Department of Criminal Justice, Telford Unit, P. O. Box 9200, New Boston, Texas 75570, and to send a copy of this order to the District Attorney's Office.

SIGNED AND ENTERED this the $\frac{1}{4}$ day of $\frac{1}{4}$ mona

HONORABLE JACK SKEEN, JW Judge, ${241}^{\text{st}}$ District Court SMITH COUNTY, TEXAS

Honneable Jack.Skeen,De. Sudge, 241st District Cover Sanch County, Texas 100 N. Brandway Ave., RM 220 Tylle, Texas 75702 Date: May 26,2017 District Cleek: Loss Regoes Governouse Sanch County, Texas 100 N. Brandway Ave., 2NL FL- Tylle, Texas 75702 Request for Transmitting Dene Hon. Jack.Skeen,De. Enclosed, Please Find one Desginal Copy of the Request For Transmitting of Application of H. P. . . Please Fete mbet this letter as peod of Recept and Retuen to me in the self-Adressed samped Envelope provided. I greatly appreciate yous assistance in this matter and well patiently await yous response.

Aspecttuly Submitted

CASSENo. 241-1607-M-A Honorable: Jack SkeEN, Dr. Judge, 241 st Desterer Cover Smerth County Texas 100 N. Broadway Ave., RM 220 Tyler, Texas 75702 Date: May 25, 2017 Desterer Creek: Loss Rogers Cover House 100 N. Broadway Ave., 2nd Fl. Tyler, Texas 75702 Redwest For Transimating To the attention of Honorable Judge Jack Skeen Dr. of the 241 st Judicial Desterer Cover Smeth County, Texas. The Regwest is to let you know that you will have extended the 180-day period. Please disposal Appleton Postenviction Application for West of Habers Coeps to the Desterer Creek: Loss Rogers; so therefore can immediately renis not to the cover of Cextincial Appell's Creek; Abel Measin; at Supreme Cover Bldg.; 201 W. N.tn St., RM106., Austin, Texas 78711-23C8... The Copy of the Application II, or, any Answers Fated and a Covertante recting the date upon which that Fainting was made. Texas Rules of Appellare Procedure Rule 73 - Postenviction Application for West of Habers Coeps 7315 Time Frame For Resolution of Claims Rested in Application Exhobir(E)

Cause No. 241-1407-14-A Ex Paese 3 In The 241st Destrect Coues Dayland Deeloyce Wellcams 3 Snrath Countr, Texas Morton To Show Cause for Conrempor Honorable Judge Applicant Capland Decloyce Wellcams, conte betore me contertion AN attempt to gres recal ationtcyf Hon. Clifton Robeeson conpterance with the Coufer Decier stemming from: Capland Decloyce Wellcams witer For the West of Habeas Cougus (3 HOT C.C.R) therefore conlsedee the following; I.

Procedure History ON 15thday of September, 2016 Wellcams fated hes peristion Lesteng two geninits of Eerice. ON 25thday of September, 2016 The state reguested issues be designated on Wellcams Feest ground of Eercie, in the martee of AFFadavet From Robeeson Counsel at teme of teral, The Honorable Clefton Robeeson. ON 64 day of Cercibee 2016, The Honorable Jack Skeri, Se. presedring over the 241st Destrect Couer of Snrath Countr, Texas derieed Honorable Robeeson to respond to Wellcams Feestgeound for reticet by way of Affedavet due by Novecobee 172016.

Conclusion

Theatere, cumently Some Dershpe D4, 2016, Robeerson Has let to Respond to the Cover's eater "oe" Fated only Extension is of time Motron(s). Veerion's Tex. Government Code Ann 853 H. 016: May, Shall, Must. Ete... Appbeant reguest the 241 st Deserect Cover to Look into the Following; Veerion's Tex. Government Code Ann 85 21.002: Contempt of Cover (82. Tex.R. Cv. P. = Rule 215. Abuse of Descovery Sanction 215.2 Tachure To Comply with Dedee De woth Descovery Regues: 215.2 (20(5)...

Applcant is askng this 241 st Destrect Cover to take in Conssteertion the Inteemation presented Heee and will GRANT" appbeant the face-to-face evidenting Henerizg. Teak. Cv. P. 202 and C.C.P. aer. H. O7 3 (0) U.A.C.C.P. ... Appbeant respectully Reguare that this Honorable Cover to GRANT" Motron for Bench Wneent So that appbeant Be allowed to attend the Faceding's "InPeason" ...

Prayer For Metter

Wheezore Remess Conscenced Appicant Pay's thm thas Honoerble Cover "Grant Morcon To Show Cause For Contemp" an Dike an Evidentinney Hearing In the Receeding and Then Dedee From the Bench Whent Thm TOC. 3.12 Darecove: Beyan Collie Rekase Appicant to the Case and cusody of Sheert Smith of the Smith Cowny, Texas Sheert Depnertment For Delsuey to thee Reoceding's...

Respectully Submirted, Bayland Delsyce Williams Gayland Dedoyce Williams T.O.C. ${10}^{\prime \prime }00875982$ T.OC.3UNIT: Beey Tetfood

SB99 SAte Hwy 98 New Baston, Texas 75570

WestF

CENTECARE OF SERVICE

I Capland Decisoc Millions, T.D.C. 1000082282 [Ambami] Pro-Je; Heecby ceerly that a true and ceerect copy of the above and Foregeorg Morian To Show Cause for Conremor was Foeviated By United State Mart Hand Dete veered to the Smith Coniry Cover House, Destrect Cleek, Loss Reges Cover House, 100 N. Decadway Ave. 2nd Fl., Tyler, Texas 8702 onthes the 86 day of Beefalworth Zollcytao.

Regeotally Submitted,

NOTES

SECTION 2. The chanyE IN LAW made by this Act applies only to AN OReNSE COMmitted on o'F after the effective date of this Act. AN oReNSE COMmEtted before the effective date of this Act is covered by the LAW IN EFFECT ON the date the oReNSE WAS COMmE tred, AND the FORNCE LAW IS CONTENUEd IN EFFECT ToE that purpose. For purposes of this SECTION, AN OReNSE WAS COMmEtted before the effective date of this Act. FAUY ELEMENT of the oReNSE occurred betore that date. [3] SECTION 3. This Act takes effect September 1, 2011. HISTORY: Approved bythe GroveRoder; June 17,2011 sOONSOR: Fensce

Case Details

Case Name: in Re: Gayland Decloyce Williams

Court Name: Court of Appeals of Texas

Date Published: Nov 30, 2017

Docket Number: 12-17-00371-CR

Court Abbreviation: Tex. App.