Case Information
*1
55, 087 - 05
IN THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS RECEIVED IN COURT OF CRIMINAL APPEALS
MICTON VERAN WILLIANS,
Petitioner,
16 . Dallas County District Court Clerk (Fitzsimmons), Judge Manny Alverza, et al., WAR 092015
ADELI ACOOSS, Cliork
Case No. WR-55, 687 -05 Dallas County District Court No. 5 Case No. W4573990 - (A)
REAWEST TO TAKE JUOICIAL NOTICE
COMES NOW, Petitioner (Milton 4. Williams) (pro se), files the foregoing Request for the Court to take Judicial Notice that at the 1945 quilly plea transcripts held on July 24, 1945 under Case No. P45-73990-NL; (State of Texas vs. Milton Veran Williams) that a prima facie case exists that the Honorable Manny Alverza suspended the imposition of sentencing and deferred sentencing until the year of 2003 during the Texas courts writ of habeas corpus proceedings under the above style cause. (See attached Exh. 2 (4) and Exh. 2 (6)). In the Eighth Circuit Court of Appeals under the precedent set in United States 4. stallion, 301 F.3d 914, 921 (9th Cir. 2002) and also in the Tenth Circuit Court of Appeals under U.S. 4. Sierra-Estrada, 244 Fed. Appx. 973, 987 (10th Cir. 2007) when the imposition of sentencing is suspended the conviction is not final for the purposes of enhancement of any future convictions.
*2 In the above style stated sub-case titled district court writ of habeas corpus hearings proceedings held in the year of 2003, Judge Alverza issued an Order Designating Issues and appointed Clint McDaniel as counsel to resolve the matter. (See attached Exh. * 18 of original 0211716 filed pleading). The docket sheet in said proceedings will show that at the end of said proceedings Judge Alverza issued final orders that petitioner had satisfied all conditions of probation and farther stated the time period of probation had expired. In the Ninth Circuit Court of Appeals under United States v. Robinson, 967 F.2d 287 (9th Cir. 1942), the Ninth Circuit concluded that under California law a probation is not "judgment" when the imposition of sentence is suspended, see id. at 243. Petitioner is not knowledgable of the Fifth Circuit's prece- dent on said subject matter, but in the year of 1945 former Dallas County County District Court No. 5 court clerk (Jim Hamlin) issued JPS that stated 'Probation'-Judgment- Community Supervision Plea of Guilty or Nolo Contendere Jury Waiwed." (See attached Exh. *3), and misprinted sentence imposed on 07124145. A casual observer could easily misinterpret said document as a final conviction or a judgment. This is why petitioner is requesting that this Honorable Court issue the requested writ of mandamus to the Dallas County District Court No. 5 to clarify the above style writ of habeas corpus proceedings through the issuing of a certified stamped file order that states the specific date that Judge Manny Alverza imposed sentencing under Case No. F45-73940- NL; (State of Texas v. Milton Veran Williams), due to the July 24, 1945 guilty plea hearings contradicting the judgment date of sentence imposed.
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*3 Wherefore, premises considered, petitioner respectfully request that this Honorable Court take judicial notice of the evidence presented as attachment within the foregoing pleading and act accordingly through the inclusion of specific instructions to the Dallas County District No. 5 named officials within the headings of the fore- going petition to issue a certified stamped file order to petitioner stating the date that Judge Manny Alverza imposed sentencing under Case No. F95-73890-NL, (State of Texas v. Milton Veran Williams),
Respectfully Submitted, IS/ MDD N. ALD * 344375 (ODCC) Milton Veran Williams * 344375 Jim E. Hamilton correctional center 63468 Mineral Springs Road Hodgen, of 74434
CERTIFICATE OF MAILING
I, hereby certify, that a true and correct copy of the foregoing was mailed on the day of March, 2015, through U.S. Postal service to the below listed parties:
COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS ATTN: CLERK (AREL ACOSTA) P. O. BOX 12308
CAPITOL STATION AUSTIN, TV 78711
BALLAS COUNTY DISTRICT COURT NO. 5: COURT CLERK (FITZSIMMONS) 133 N. INRASTERIAL BLVQ.; BALLAS, TV 75207
MDD N. ALD * 344375 (ODCC) (Affiant)
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*4 EXHIBIT L' February 11, 2003, Order Designating Issues under Case No. W957389D-IA) issued by Judge Manny Alverza which is an attached exhibit to the petition for writ of mandamus under the foregoing Case No. WR-55, 697-05; (Milton Veran Williams v. Dallas County District Court Clerk (Fitzsimmons), Judge Manny Alverza, et al., filed on February 17, 2015 at Exh. 1.
EXHIBIT * 2Ld and * 2Lb: See July 24, 1995 guilty plea hearing transcript at Volume 339 on pages 123 and 124 under Case No. F95-73890-NL; (State of Texas v. Milton Veran Williams) at the bottom of the page on Volume 339 at Page 123 where Judge Alverza stated, "It further appears in the best interest of the public and the defendant that the imposition of sentencing shall be suspended hereinafter."
EXHIBIT *3: Dallas County District Court No. 5 judgment issued on July 29, 1995 at Volume 339 on Page 122 under Case No. F95-73890-NL; (State of Texas v. Milton Veran Williams) issued by Dallas County District Court No. 5 former Court clerk (Jim Hamlin), which states sentence-imposed o1124195. A clerkical error on date sentence was imposed.
Note: Due to the oboc facility (JeHcc) where petitioner is currently incarcerated law library supervisor's refusal to make legal copies for any out-of-state cases for petitioner, he is impeded from attaching his one and only original copies of the above stated exhibits. All listed exhibit are currently in the Dallas County District Court No. 5's records.
See also Judge Manny Alverza's final order in the year 2003 and/or 2004 under the writ of habeas corpus proceedings in Case No. W957389D-LN; Ex Parte Milton Williams).