Case Information
*1
RECEIVED IN COURT OF CRIMINAL APPEALS
OCT 192015
AbelAcosta,Clerk
RE: Writ No. WR-83,619-02
TO THE HON. ABEL ACOSTA, CLERK: Enclosed for presentment to the Judge who improperly moved to Dismiss my Writ of Habeas Corpus on bogus issue as my conviction was Final and the issue in challenge is the 2nd action of re-trying me on the same issue, hence Double Jeopardy.
Please present this to the Court and send me the name of the signing Judge. I thank you for your time in this matter.
Respectfully yours, Is/ Bormon Eub Whammon Sven E. Johansson 1455256 C.T. Terrell Unit
1300 FM 655 Rosharon, Texas 77583
Notice to Court
This 11:09 writ is not just about a conviction it is mostly about a sentence that had been served and after the probation had expired by 19 months I was sentenced to four years T.D.C.J. I have found many cases by, the Court of criminal appears that state after expiration of probation the Dist. Court losses Jurisdiction. I do not undersiand why the court has dissmised my writ, without written order or given me an opportunity to perfect my writ?
Sven Eub Whammon
*2 TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
EX PARTE § SVEN ERIK JOHANSSON, § WRIT NO. WR=83,619-02 Applicant. §
APPLICANT'S REQUEST FOR 'CLARIFICATION OF ART. 11.07 DISMISSAL ON BOGUS CLAIM
BEFORE THE COURT COMES NOW SVEN ERIK JOHANSSON, Applicant pro se, and files this his "Applicant's Request for Clarification of Art. 11.07 Dismissal on Bogus Claim" of the conviction not being final. This [IS] a bogus claim where the conviction in original Cause No. 10,205 out of Tyler County, Texas [was], in fact, FINAL as of September 25, 2011. (See attached document).
IF, as the documents show, Applicant's sentence for 4 years probation began 'on 9/26/2007, then simple math and common sense would hold that the probation ended and ceased to exist on 9/25/ 2011, some 16 month [prior] to the January 30, 2013 date that the "Revocation Warrant" was issued. This being a fact of Law, then the State had NO JURISDICTION with which to base either the bogus "revocation warrant" on nor to even arrest Applicant.
Applicant is clearly confused as to how and/or where writ No. 23,645 came from unless it is a different cause number attached to the illegal revocation action of Double Jeopardy. For the Court of Criminal Appeals to summarily DISMISS the writ on a bogus issue violates the Doctrine of Stare Decisis of a superior Court in HAINES v. Kerner, 404 U.S. 519, 92 S.Ct. 594 (1972) in that "PRO SE COMPLAINT [can only be dismissed] if it appears beyond a doubt prisoner can prove no set of facts that will entitle
*3 him to relief. (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 7.8 5.Ct. 99 (1957).
WHEREFORE, Applicant would so request the Court to take at tis point Judicial Notice of this action and consider the Constit tutional violations set-out and raised in Applicant's properly filed Art. 11.07 Writ of Habeas Corpus or clearly explain how : the Court feels it can dismiss the Writ on a clearly bogus issue.
Respectfully submitted, Is/Sven Eilk Ghanston Sven Erik Johansson 1465256 C.T. Terrell Unit
1300 FM 655 Rochoror, Texas 77583
*4 | UNIT COPY | T.D.C.J.-INSTITUTIONAL DIVISION | | | :-- | :-- | :-- | | IABS2400 | INMATE TIMESLIPS | |
NAME: JOHANSSON, SVEN ERIK TDC NO: 01465256 UNIT: R3 RACE: W
PREV PRJ-REL-DATE: 09222016 PRES PRJ-REL-DATE: 09222016 *INMATE STATUS: S3 W MAX TERM:
| FLAT TIME CREDITED: | 20527 | CALC BEGIN DATE: | 092607 | | :-- | :-- | :-- | --: | | GOOD TIME CREDITED: | 10822 | TDC RECEIVE DATE: | 111207 | | BONUS TIME CREDITED: | 00000 | GOOD TIME LOST: | 0 | | WORK TIME CREDITED: | 10225 | WORK TIME LOST: | 0 | | *TOTAL TIME CREDITED: | 50514 | | |
STATUS EFFECT DATE: 122714 JAI L GOOD TIME RECEIVED: YES PAROLE DATA: SUBMITTED FOR BOARD REVIEW MONTHLY ABSENCE CALCULATION* 2.0 ABSENCES FOR 02/15
ANY ERRORS IN THE NUMBER OF DAYS OF UNEXCUSED ABSENCES MUST BE REPORTED TO THE ABSENTEE TRACKING COORDINATOR ON YOUR UNIT NO LATER THAN SIX MONTHS. FOLLOWING THE REPORTED MONTH. FAILURE TO REPORT ERRORS MEANS AGREEMENT WITH THE REPORTED ABSENCES.