Case Information
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MR. COLBY ROSS THURMAN #1806079 DALHART UNIT 11950 FM 998 DALHART, TEXAS 79022 TO: MR. TIMOTHY D. YEATS, DISTRICT JUDGE 118TH JUDICIAL DISTRICT POST OFFICE BOX 528 DATED: MARCH 09,2014 BIG SPRING, TEXAS 79721
RE: EX PARTE: COLBY ROSS THURMAN, CAUSE NUMBER: 12720-(A):
Dear Mr. Yeats. Greetings. Enclosed, are the original; Colby Ross Thurman, Affidavit dated for March 09,2015 and the Appendix-.A. through-.E.
The affidavit of Colby Ross Thurman, clearly prove with these Appendix-.A. through-.E. the inadequate notice for mandatory supervision early release.
If, you need me to be sworn under oath or testify under oath, a motion for warrant from the bench needs to be granted by you, sir.
Respectfully submitted,
RECEIVED IN COURTOFCRIMINAL APPEALS
MAR 192015
Abel Acosta, Clerk
C.C.files;
Howard County Texas, District (Honorable Judge) Mr. Timothy D. Yeats
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IN THE STATE OF TEXAS COUNTY OF HARTLEY $ WRIT NUMBER: 12720-(A):
AFFIDAVIT:
BE IT ACKNOWLEDGED, that I, COLBY ROSS THURMAN, the undersigned affiant, being of legal age, of sound mind, and able to make this affidavit, do hereby say, under oath the followngs;
1), On July 25,2014 I sent a notification-letter to the Dalhart Unit; Parole Panel; Mr. Scrivner.See;(Appendix-.D.:Notify-letter). 2),Mr. Scrivner, did not notify me of the mandatory supervision review. See;(Appendix-.C.:Executed date; August 30,2014). 3), Because Mr. Scrivner, failure to notify me, of the mandatory supervision review, it deprived me from presenting my Judgment of conviction sheet'(s), inorder to prove that my case is not Aggravated. See;(Appendix-.A. and .B.:Judgment of conviction sheet'(s), filed on October 14,2009 and August 17,2012). 4),Mr. Scrivner, knowingly and intenionally did then and there, deprive me of the lack of notice for mandatory supervision review, when my actual flat, work, and good-time was way over my five year sentence. See; (Appendix-.E.:Texas Department of Criminal Justice; Credits/Percentage sheet, filed on June 18,2014). 5),Mr. Scrivner, failure to notify me, of the mandatory supervision review, clerly prove that, theres no-evidence of my signature upon any granted or denied;"decision dates."
DECLARATION:
I, declare under the Penalty of Perjury that, the said above foregoing, is true and correct to the best of my knowledge, as this affidavit is freely made, presented to; V.T.C.A. CVI, PROC, REM, CODE: , and 132.001 .
Executed date; March 09,2015
Page 1 Of 1,
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WRIT NUMBER: 12720-(A):
EX PARTE &; IN THE 118TH DISTRICT COURT COLBY ROSS THURMAN, &; OF THE &; HOWARD COUNTY, TEXAS
APPLICANTS APPENDIX'S IN SUPPORT:
TO THE HONORABLE OF SAID HABEAS COURTS: Now Comes, COLBY ROSS THURMAN, Applicant, and file this his Appendix .A. through .E. in the said above style and number cause, and will present the followings;
TABLE OF CONTENTS:
TITLES:
APPENDIXS:
JUDGMENT OF CONVICTION BY COURT-HAIVER OF JURY TRIAL FILED:OCTOBER 14,2009. APPENDIX-.A.
JUDGMENT REVOKING COMMUNITY SUPERVISION FILED:AUGUST 17,2012 APPENDIX .B.
COLBY ROSS THURMAN-AFFIDAVIT IN SUPPORT APPENDIX-.C.
MANDATORY SUPERVISION REQUEST-LETTER TO DALHART UNIT:BOARD OF PARDONS AND PAROLES APPENDIX .D.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE: TIME CREDITS/PERCENTAGE SHEET APPENDIX-.E.
Respectfully submitted,
*4 APPENDIX-.A. JUDGEMENT OF CONVICTION BY COURT WAIVER OF JURY TRIAL FILED; OCTOBER 14,2009
*5 JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
| Judge Presiding: | Mon. ROBERT H. MOORE, III | Date Judgment Entered: | OCTOBER 14, 2009 | |-----------------------------|-----------------------------|-----------------------------|-----------------------------| | Attorney for State: | ROBIN D. ORR | Attorney for Defendant: | RICK HAMBY | | Offense for which Defendant Convicted: | | | | | POSSESSION OF CONTROLLED SUBSTANCE | | | | | Charging Instrument: | | Statute for Offense: | | | INDICTMENT: | | 481.115 (c) Health and Safety Code | | | Date of Offense: July 30, 2009 | | | | | Decree of Offense: | | Plea to Offense: | Findings on Deadly Weapon: | | 3RD DEGREE FELONY | | GUILTY | N/A | | Terms of Plea Bargain: | | | | | FIVE (5) YEARS INSTITUTIONAL DIVISION -TDCJ/ PROBATED FOR FIVE (5) YEARS + $500.00 FINE | | | | | Plea to 1st Enhancement Paragraph: | N/A | Plea to 2nd Enhancement/Habitual Paragraph: | N/A | | Findings on 1st Enhancement Paragraph: | N/A | Findings on 2nd Enhancement/Habitual Paragraph: | N/A | | Date Sentence Imposed: | OCTOBER 14, 2009 | Date Sentence to Commence: | OCTOBER 14, 2009 |
Punishment and Place of Confinement: FIVE (5) YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR FIVE (5) YEARS.
| Time: | Court Costs: | Restitution: | Restitution Payable to: | |------------------|-----------------------------|-----------------------------|-----------------------------| | 300.00 | \square$ VICTIM (see below) A GENCY/AGENT (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
| Time | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. | |------------------|-----------------------------|-----------------------------| | From | to | From | to | From | to | | From | to | From | to | From | to | | If Defendant is to serve sentence in county jail or in given credit toward fine and costs, enter days credited below. | | N/A DAYS NOTES: N/A | 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 Howard County, Texas. The State appeared by her District Attorney.
Counsel / Waiver of Counsel (select one)
Defendant appeared in person with Counsel.
Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
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 consequences 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.
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The Court Finds Defendant comp and the above offense and ORDERS, ADJUDI. AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Preseistence Investigation, if so ordered, was done according to the applicable provisions of Tex. CODE CRIM. PROC. art. .
The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Options (select one)
Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the HOWARD COUNTY DISTRICT CLERK'S OFFICE. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of County, Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the . Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. Fine Only Payment. The punishment assessed against Defendant is for a FINR ONLY. The Court Orders Defendant to proceed immediately to the Office of the County District Clerk. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution / Suspension of Sentence (select one)
The Court Orders Defendant's sentence EXECUTED. The Court Orders Defendant's sentence of confinement SUSPENDED. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.
The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply:
Signed and entered on 1 May of October, 2009
APPENDIX-.R.
*7 APENDIX-.B. JUDGEMENT REVOKING COMMUNITY SUPERVISION. FILED; AUGUST 17, 2012
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| TRE State of Texas | | | | | :--: | :--: | :--: | :--: | | V. | | | | | | | | | | COLBY ROSS THURMAN | | | | | | | | | | STATE 1D NO.: TX06369552 | | | |
JUDGMENT REVOKING COMMUNITY SUPERVISION
| Judge Presiding: | Hon. TIMOTHY D. YEATS | Date Judgment
Entered: | 8/17/2012 |
| :--: | :--: | :--: | :--: |
| Attorney for State: | ROBIN D. ORR | Attorney for
Defendant: | C.E. "MIKE" THOMAS, III |
| Date of Original Community Supervision Order:
| | Statute for Offense:
481.115 (c) Health and Safety Code | |
| Offense for which Defendant Convicted:
POSSESSION OF CONTROLLED SUBSTANCE | | | |
| Date of Offense:
7/30/2009 | | | |
| Degree of Offense: | | Plea to Motion to Revoke: | Findings on Deadly Weapon: |
| 3RD DEGREE FELONY | | TRUE | N/A |
| Original Punishment Assessed:
FIVE (5) YEARS INSTITUTIONAL DIVISION, TDCJ PROBATED FOR FIVE (5) YEARS FINE:
NOT PROBATED | | | |
| Shock Community Supervision: | | | |
| N/A | FINE:
| | |
| Date Sentence Imposed: | 8/17/2012 | Date Sentence to Commence: | 8/17/2012 |
| Punishment and Place of Confinement: | FIVE (5) YEARS INSTITUTIONAL DIVISION, TDCJ | | |
| | | | |
| {This SENTENCE SHALL RUN CONCURRENTLY.} | | | |
| Fine: | Court Costs:
| Restitution: | Restitution Payable to: |
| $ N/A |
(Prev. Bal.) | $ N/A |
VICTIM (see below)
AGENCY/AGENT (see below) |
Attachment A. Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.
Is ORIGINAL JUDGMENT / SENTENCE REFORMED? NO
In accordance with Section 12.14(a) Penal Code, the Court finds that the ends of justice would best be served by punishment as a Class A misdemeanor. Defendant is adjudged to be guilty of a state jail felony and is assessed punishment indicated above. Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code CnIm. Plea: chapter 62 The age of the victim at the time of the offense was N/A
| Time | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | From | to | From | to | | | | | From | to | From | to | | | | 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 in Howard County, Texas. The State appeared by her District Attorney. Counsel / Waiver of Counsel (select one) Defendant appeared in person with Counsel. Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. The State filed a motion to revoke Defendant's community supervision. After hearing the State's motion, Defendant's plea, the evidence submitted, and reviewing the record, the Court Grants the State's motion. The Court's record indicates that Defendant,
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was previously convicted of a felony offences and punishment was assessed as indicated above. The record indicates the Court orders imposition of Defendant's sentence of confinement suspended and placed Defendant on community supervision for 5 YEARS.
The Court Finds Defendant has violated the conditions of community supervision as set out in the State's AMENDED Motion to Revoke Community Supervision as follows:
PARAGRAPHS &;
Accordingly, the Court Orders the previous orders in this cause suspending imposition of sentence of confinement and placing Defendant on community supervision REVOKED. (select one of the following) The Court Orders Defendant punished in accordance with the judgment and sentence originally entered in this cause. Finding it to be in the interest of justice, the Court Orders Defendant punished in accordance with the reformed judgment and sentence indicated above.
Punishment Options (select one)
Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendan to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the Howard County District Clerk's Office. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of County. Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the . Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the County . Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.
The Court Orders Defendant's sentence EXECUTED. The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated. The Court further Orders Defendant to pay all fines, court costs, and restitution as indicated above.
Furthermore, the following special findings or orders apply:
Signed and entered on August 17, 2012
Right Thumbprint
COLLEN EARTON
DISTRICT CLLIN: HOWARD COUNTY BY DEPUTY
*10 APPENDIX-.C. COLBY ROSS THURMAN-AFFIDAVIT IN SUPPORT
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AFFIDAVIT:
BE IT ACKNOULEDGED, that I, COLBY ROSS THURMAN, the under signed affiant, being of legal age, of sound mind, and able to make this affidavit, do hereby say, under oath the followings; A), I am presently incarcerated in the Texas Department of Criminal Justice Institution Davision (TDC) at; Dalhart Unit, of Hartley County, Texas. B), I declare that, I have requested to the Dalhart Unit Board of Pardons and Paroles, my mandatory supervision. But was ignored with out a proper legal reason's. C), I declare that, the time-percentage-sheet, is more then fifty percent, equal towards my total five years sentence. D), I was convicted for; Possession of Controlled Substance, with out a finding of a deadly weapon.
DECLARATION:
I, Declare under the Penalty of Perjury, that the foregoing said above, is true and correct to the best of my knowledge, as this affidavit is freely made presented to; V.T.C.A. CVI, PROC. REM, CODE , and 132.003 .
Executed date: August 30, 2014 Affiant: MR.COLBY ROSS THURMAN TDC NO#1806079 DALHART UNIT 11950 FM 998 DALHART, TEXAS 79011 (APPLICANT:COLBY ROSS THURMAN-AFFIAVIT) PAGE 1 of 1,
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APPENDIX- . D.
MANDATORY SUPERVISION REQUEST-LETTER TO DALHART UNIT: BOARD OF PARDONS AND PAROLES
*13 TO: PAROLE PANEL UNIT ASSIGNMENT:DALHART ATTN. MR. SCRIVNER
RE: TEAXS GOVERNMENT CODE SECTION 508.147(A) RELEASE TO MANDATORY SUPERVISION:
DEAR MR. SCRIVNER, I COLBY ROSS THURMAN WOULD LIKE TO PELASE HAVE MY MANDATORY SUPERVISION ELIGIBILITY DATE TO BE RECALCULATED WITHOUT THE EFFECT OF (NO AFFIRMATIVE FINDING REGAURDING USE OF A DEADLY WEAPON.) I WAS INDICTED FOR POSSESSION OF CONTROLED SUBSTANCE, SEE JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL APPENDIX-A; CAUSE NO. 12720 ALSO SEE JUDGMENT REVOKING COMMUNITY SUPERVISION APPENDIX-B; CAUSE NO. 12720
ON OCTOBER 14, 2009, I: VOLUNTARY AGREED TO PLEA-GUILTY TO A (NONAGGRAVATED POSSESSION OF CONTOLLED SUBSTANCE) THE HOWARD COUNTY OF TEXAS 118TH DISTRICT COURT, JUSTICE MR. ROBERT H. MOORE, III, (AGREED TO MAKE NO AFFIRMATIVE FINDING REGAURDING THE USE OF A DEADLY WEAPON)
ON AUGUST 17, 2012, I VOLUNTARY PLED TRUE TO A (REVOKATION OF COMMUNTY SUPERVISION) THE HOWARD COUNTY OF TEXAS 118TH DISTRICT COURT, JUSTICE MR. TIMETHY D. YEATS, (AGREED TO MAKING NO AFFIRMATIVE FINDING REGAURDING THE USE OF A DEADLY WEAPON)
SEE APPENDIX-A: JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL FILED ON , OCTOBER 142009
SEE APPENDIX-B: JUDGMENT REVOKING COMMUNITY SUPERVISION FILED: AUGUST 17, 2012
THE SAID ABOVE STATUTE AT ISSUE IN THIS CASE PROVIDES THAT A PRISONER SHALL BE RELEASED TO MANDATORY SUPERVISION, WHEN HIS ACTUAL TIME SERVED AND ACCRUED GOOD CONDUCT TIME ADD UP TO HIS TOTAL SENTENCE. THE PRISONER: COLBY ROSS THURMAN HAS MORE THAN 60\% DONE. SEE APPENDIX-E: TEXAS DEPARTMENT OF CRIMINAL JUSTICE: TIME CREDITS/PERCENTAGE SHEET....
UNLIKE PAROLE WHICH REQUIRES THAT THE BOARD VOTE IN FAVOR OF RELEASE. THE MANDATORY STATUTE REQUIRES THAT THE OFFENDER BE RELEASED ABSENT BOARD ACTION TO THE CONTRARY; AND WILL CREATE A LIBERTY INTEREST.
THE PRISONER: COLBY ROSS THURMAN REQUESTS THAT HE BE RELEASED TO MANDATORY SUPERVISION WITH CONDITIONS AND BE REVIEWED IN 30-DAYS. c.c.FILE: PELASE RETURN
PAROLE PANEL UNIT ASSIGNMENT: DALHART UNIT, MR.SCRIVNER 1195 FM 998 DALHART, TEXAS 79022
RESPECTFULLY SUBMITTED TDCJ NO. 1806079 DATE: COLBY ROSS THURMAN DALHART UNIT 11950 FM 998 DALHART TEXAS 79022
Page 1 of 1,
*14 APPENDIX - E. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: TIME CREDITS/PERCENTAGE SHEET
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1990
JALL GOOD TIME RECZ YES GOLD TIME LOST GRIST DAYS PARILE SIRTUS BAP DATE
NUMBER OF BLIKINEPS @G AURE TIME LUST GOODS DAYS TLC CRLC DATE 64/10/2012
MEDUCET CUNELOT RECORD: