LARSON, KEVIN ARTHUR Jr., WR-83,720-01

LARSON, KEVIN ARTHUR Jr.

WR-83,720-01

| Tex. App. | Aug 20, 2015

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Case Information

This letter is being written to the Honorable Judd. Ais. J. (1915) 1815

Court of Appeals. On behalf of my Afterl., And my 11.07 HARERS CORPUS WRI, Filed in the District Court of MORTEOMERY COURts on June 10th, 2011.

On June 30th, 2015, at 7:30 AM, I received by U.S. MAIL, A copy of the "States Answer to Application for Post-Conviction, until of HARERS CORPUS," in which I have reviewed and found Numerous lists listed there in.

Enclosed, Please find a few count issued "Documents that s/ooo Post, to the False statements by Mr. LARMAN and Mr. LIGAN of the 9th District Attomies of the 28 month, 2015.

Listed in the "Conclusion of, how 45 of the States Answer, Mr. LARMAN listed state penal code 38.04 (B)(2)(A), As Being the Penal code in which I was convicted under. For the "Evading Arrest" in count III. That is false, Please see the enclosed copy of my court issued Judgment on count III, and take note to the penal code in which I was convicted under. You will find it to be 38.04 (B)(1), the same penal code is also on my indictments, according to "D'Comnor's Texas Criminal codes, Pages 941-942". Penal code 38.04 (B)(1), is a state jail felony, Not a felony 3 or felony 2.

According to Judith Shields, Risby Owns III, and z.R.(Ned) Turnbull, ATTANELY'S AT LAW, to whom I've spoken with at different times, HAVE All told me that penal code," 38.04 (B)(1) "in which I was convicted under, is a state jail penal code, and Evading Arrest, Did not become "Active" as a felony 3 until may 1st, 2012. Henceforth, since the charge was not "Active" as a felony 3 at the time in which I received my charge of evading arrest on December 30th, 2011, I cannot be charged with a felony 3 conviction. I'd also like to print out that on December 31st, 2011 During Probable Cause Court, Judge Damico, stated it was a state jail felony that carried 180 DHSs to two years in a state jail facility. It is also listed on my Probable Cause Court paperwork as a state jail felony. This was a major that required my signature. Therefore, my charge, does not permit a 20 year sentence.

Mr. LARMAN also alleges that it was lawful for them to use my forms as sentencing Enhancements. However, in accordance to various laws found in the new and old Texas Law Books, as well as under "Due Process" which holds under the 14th Amendment of the U.S. Constitution, it is not lawful for errors to be used. Please refer to "Defendants Motion to challenge Plea Agreement as Empreper and Invalid Sentencing Enhancements". Found in the memorandum ATTANELY to my 11.07. All laws are stated there in. All errors used as enhancements in my cases were all 10 years old or older at the time of my conviction. The "Solicitation of a Minor to commit Murder," was not committed on August 18th, 2005, I was committed February 14th, 2005. My Proportion was Revoked on August 18th, 2005 after I violated it due to a life, and death medical situation with my Daughter. And I was sent to Tde.-).

I must also make known the exact that it was my appeal extremely K.S. "Gator." Duna, who prepared and submitted my Appeal Brief to the Ninth Court of Appeals. And stated there in that Nierner of the Four PRrior's used to enhance my codes, qualified as major Enhancements for Texas Purposes. He further stated that at the time in which each Prior was originally committed, I fled to an Amended Information and was sentenced to 1 year or less in a county jail.

Mr. LARMAN continues on stating that I was not offered deferred Adjudication. However, I was examined and cross-examined by Both, the state and my trial counsel. As to what I would do once Given deferred Adjudication, therefore, it was in fact offered, otherwise, I would not have been questioned by either state or trial counsel as to what my plans were when given deferred Adjudication.

*2 on November 5th, 2012. my trial counsel, Jarrod L. Walker and one of his associates came to the court House. Holding cell before court and told me if I pied "Guilty" to the charges and "true" to the environment חל. Thart I would receive deferred Adjudication. Therefore, I agreed. And pied under the Assumption I would receive the promised deferred Adjudication. Which was not Given to me. Therefore, the plea of guilt was coerced by me. Walker, and was not made valuntterly.

Furthermore, me. LARMAN continues on to state that my trial counsel, me. Walker, was effective when he was not. In response to my 11.07 WrH, me. Walker was "court ordered" to file an affidavit within 20 Days, signed and dated by Judge Kathleen Hamilton of the 859th district court on July 8th, 2011. Which gave me. Walker until August 7th, 2014 to File the affidavit. However, the affidavit was not filed until March 31st, 2015. Seven months later, and "No" Extensions of time were ever filed by me. Walker to File the affidavit at a later date. Therefore, me. Walker "failed" to comply with a court order, which proves his ineffectiveness. However, Montgomery County is trying to over look it, and allow me. Walker to get away with it. The fact demand, me. Walker failed to file the affidavit outline, and failed to comply with a court order signed by the Judge. This shows me. Walker is ineffective. A relevance has been filed with the state bar against me. Walker.

Last, but not least, me. LARMAN started my indictments were valid. They were not, the 1st indictment served to me on January 18th, 2012 presented to False Enhancement PrRAGRAPH. WERE MONTGOMENT Counts illegally changed my "Solicitation of a Minor to commit murder" prior to "Solicitation to commit aggravated sexual assault of a child." The Name listed with the Priors on the 1st indictment did not state "JR." At the end of the Name. Therefore they indicated my father and not me. For I always use JR. at the End of my Name. And the indictment started the evading arrest charge was a felony 3. But with a state jail felony penal code, the second indictment, was issued on October 18th, 2012, they added Jr. at the end of my Name in the Enhancements, and change the one prior back to solicitation of a minor to commit murder. However, the evading arrest charge still showed as a felony 3 with a state jail penal code. Plus, the second indictment had the purgary of a building charge back on it after Judge Damico dismissed the charge. During Probable Cause Court on December 31st, 2011, with the DAS approval and was not listed on the First Indictment. Second, the second indictment was issued with the same exact charges as the first one. Before the First Indictment was ever dismissed on November 5th, 2012. Both, indictments were unvalid as I stated in the 11.07.

Your Honork, I ask that you see that Montgomery County has tied in their answer to my 11.07, and that my attorney was ineffective, and that you take notice to All the mistakes in the PAPU work and Records Италиing to my case. I further ask that you please IENone the States Answer, for I have known what I say is the truth. Through Law, constitution and court issued documents. And I ask the Honorable Judges of the Court of Criminal appeals to show Lenieus to me, and for my appeal to please be granted.

Respectfully Submitted

Kevin A. LARSON Jr. Beto Unit 1941 FIM 3328 Tennesse colony, TX, 75000

*3 | DA#:126.1 | CASE NO. | 12-10-11018 -CR
COUNT I
INCIDENT NO./TRN: | 9151262487 | RECEIVED AND FILED FOR RECORD At 76 C - O'Clock. P. M. | | :--: | :--: | :--: | :--: | :--: | | | | | | NOV 072012 | | | CASE NO. | 12-10-11018 -CR
Count I
INCIDENT NO./TRN: | 9151262487 | BARBARA GLADDEN ADAMICK
Central Clerk
MONIGOMERY COUNTY, TEXAS
TW. 10112-01012-01-0112. Deputy | | The State of Texas | § | In The | 359TH | DISTRICT | | v. | § | COURT | | | | | § | | | | | KEVIN ARTHUR LARSON, JR. | § | MONTGOMERY | | | | | § | | | |

STATE ID No. TX06800847 JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

Offense for which Defendant Convicted: TAMPERING WITH PHYSICAL EVIDENCE

Terms of Plea Bargain: 10 years confinement in the Texas Department of Criminal Justice, Institutional Division; $0.00 Fine

THIS SENTENCE SHALL RUN CONCURRENTLY.

All pertineut information, names and assessments indicated above are incorporated into the language of the judgment below by reference.

| DA#:128.1 | | | RECEIVED AND FILED FOR RECORD | | | :--: | :--: | :--: | :--: | :--: | | | CASE No. | $12 - 10 - 11018 - C R$ | | | | | | COUNT III | | | | | INCIDENT NO./TRN: | 9151262487 | BARBARA GLADDEN ADAMICK | | | | | | MONTOOMERY COUNTY-TEXAS | | | THE STATE OF TEXAS | | § | IN THE | 3591 H. DISTRICT. OQLUdy | | | | § | | | | V. | | § | COURT | | | | | § | | | | KEVIN ARTHUR LARSON, JR. | | § | MONTGOMERY | | | | | § | | |

STATE ID NO.: TX05800847

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

Offense for which Defendant Convicted: EVADING ARREST DETENTION W/VEHICLE

Tarme of Plea Bargain: 20 years confinement in the Texas Department of Criminal Justice, Institutional Division; $0.00 Fine

THIS SENTENCE SHALL RUN CONCURRENTLY. SENTENCE OF CONFINEMENT SUPPENDED, DEPENDANT PLACED ON COMMUNITY SUPPERVISION FOR N/A .

| Fine: | | | | | | :--: | :--: | :--: | :--: | :--: | | | | | | Restitution: | | $$ 0.00$ | | | | N/A (see below) |

Sex Offender Registration Requirements do not apply to the Defendant. Tex. CODE CRIM. PROC. chapter 62 The age of the victim at the time of the offense was N/A If Defendant is to serve sentence in TDCC, enter total incarceration time. TOTAL: 314 DAYS Time Credited: If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. N/A DAYS NOTES: N/A

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Montgomery County, Texas. The State appeared by her District Attorney.