Case Information
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0Z~cc-f-fu I\~ ~~ RECElVEDIN C()lM\T OF CRIMINAl APPEALS JUL 0120'5 Abel Acosta, Clerk . .b /1_ '' n CtYl-VS. CouBZ AJ:JIIL£ *2 :::(:0-ih.£ [.a)~Q\l L;R~N\~UI\1 ~f?EAig
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(I 04/ .. l0/12 1007 PAGE (11 D1~LL.A:::J·PClLICf~ Dr..".PI'\r~H'lENl * *** +Jt- ****** *"***;(· ·11-******·ll- ***·!H+* li-,A *:""***·lf* -11-·lf- **lH+·W. <!· ** *·!1-·.1+-lf- jf·!f-1!·* * ~***·l!-i!-·lf- If- .. **** • . ' '
** 1\DD CHARGE **
SER\J ICE#: 00832972 ARREST#: 12-01742A STf\lT m- TD<AS AFFIDAVIT FOR ARREST WARRANT COUNTY OF DAl .. L,,\S • • BEFORE ME, fHE UNDERSIGNED AUTHORITY. ON THIS DAY PERSONALLY ~~~~A~~~T~67 ~~D~:~~G~~D-~==-~~~=-~~:1~~~~6_}~~~~~.-~~U~~D S~JI]~~ ~~y p~~~~[ mJ •
OFFICER OF THE CITY OF DALLAS, DALLAS COUNTY, TEXAS • . J, THE AFFIANT, HAVE GOOD REASON AND DO BEl_IE>JF...: THAT ON OR ABOUT !)7 APRIL 2012 ONE • CRAIN.RUGIN.IV, DTD THEN AND THERE lN THE CITY OF DALLAS,
DALLAS COUNTY. TEXAS COMMIT THE OFFENSECSJ OF: • • BURG/Bl.DG SJ ]0.02 Af:F I ANT'S BELIEF IS BASED UPON THE ffJLUJWI·t~G FACTB 1\t-!D I NF-01\MAT Hli'l: • • 7246 , A FELLOW PEACE OFFICER m- THF.: CITY OF MCMILLIN • ROBERT KENN DALLAS, DALLAS COUNTY, TEXAS, WHO PERSONALLY PARTICIPATED IN THE • • INVESTIGATION OF THESE ALt_EGED OFFENSE<S>, PROVIDING THIS INFORMATlON TO AFFIANT. AND WHOSE INFORMATION AFFIANT GELIEVE5 TO BE CREDIBLE. • ON APRIL 07, 2012 AT ABOUT 1115 A.M. OFFICERISJ MCMILL.IN,ROBERT KENN # AND DE LA CRUZ, .JOSE n B862 f~ESPONDED TO A Ci\LL F'ROM THE f'OL tCE DISPATCHER • REGARDING THE BURGLARYTO COMMIT THEFT OF COPPER AT 919 MORRELL AVE DALLAS, • • DAI_LAS COUNTY, TD(AS • • • CHARGE DESCRIPTION: I31JRC/BLDG ON 4/07/12 AT AROUT 10~]0 Ai-1. THE RP, WHO IS A D[ACDN F'On THE CHUnCH, • • CAME BY TO DO SOME WORK. THE RP SAW A BUCKET LYING IN THE ALLEY
BEHIND THE CHURCH. THE RP FURTHER ODSER\JE.:D vJATCR COMING F'RDf'l A CLOSED DOOR. THE RP CALLED FOR POLICE.OFFICERS ARRIVED AND BECAN A SEARCH OF • • THE !3U I LD I NG. OFFICERS OBSERVED THE t1A X NTE:NE:NCE DOOR OPEN f\ND FUFHHER
OBSERVED THE AP' S FEET STICKING OUT FRrJM UNDER TH[ ODOR. THE f'P THEN RAN BACK FURTHER INTO THE MAINTENAf•lCE: ROOt·1 fiND iHTEMPTED ·ro HIDI:::"Tl-lE • • OFFICERS ORDERED THE SUSPECT DUT AT (~UNPOJNT AND f'l..1~CED HIM Ii'HO CUSTODY THE SUSPECT MADE THE RES GESTATE STATEMENT ur DIDNT BREAK IN 1 FOUND IT OPEN. HE ALSO MADE THE STATEMENT" I WAS JUST GDJ.NG TO CO IN AND SEE • • IF I COULD FIND SOMETHING LITTLE TO HECYCLE." THE OFFTCEF'{f:; OfiSERI/ED
SEVERAL CUT RECENTLY CUT GAS AND WATER COPPER PIPES INSIDE THE ROOM. THE SUSPECT WAS PLACED IN LEW STERRET _}/\I l.. ADD CHAHGE BURGLARY or- A • • BUILDING, STATE jAIL FELONY, C.JISS #~2990001 •
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• ** ADD CHARGE ** • SERVICE#: 008J297Z ARRESTi: 12-017426 AFF1DA1V <CONTINUED) •
------- ~--~-WHERG-DRE AFF"IANT REQUESTS H·lf\T AN ARP.F.:ET • rF'?~T-- • W/\RRANT BE ISSUED FOR THF: 1\ DCJVE 1\CCUSED
I NO IV I DUAL H~ ,<\CCCJRDANCE l·li TH THC I_AW.
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F-1254318 *16 <trnurt nf Appeals ll1iftl1 ilintrirt nf Wexan at ilallan MANDATE
TO THE CRIMINAL DISTRICT COURT NO. 7 OF DALLAS COUNTY, GREETINGS: Before the Court of Appeals for the Fifth District of Texas, on the 31st day of March, 2014, the cause on appeal to revise or reverse the judgment between
RUBIN CRAIN, Appellant On Appeal from the Criminal District Court
No. 7, Dallas County, Texas No. 05-12-01219-CR V. Trial Court Cause No. F12-54318-Y.
Opinion delivered by Justice Lang. Justices THE STATE OF TEXAS, Appellee Moseley and Brown participating.
was determined; and this Court made its order in these words:
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED to reflect the findings on the 1st Enhancement Paragraph and the 2nd Enhancement/Habitual Paragraph as "TRUE."
As MODIFIED, we AFFIRM the trial court's judgment.
WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.
WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with the Seal thereof affixed, at the City of Dallas, this 5 [1] h day of September, 2014.
LISA MATZ, Clerk /~·.
~)
I *17 ARRAIGNMENT SHEET Book-in No. 12023660 LAINo. Black Male 0:,/25/1969 The State ofTexas, County of Dallas I, , of Dallas County, Texas, sitting as a Magistrate, do hereby certifY that on this, Janet Lusk , ... the_7_dayof , 2012 at '7:42PM ,sittingatiiiCommerce,CityofDallas,Dallas April , being a person under arrest, and
County, Texas appeared RUBIN CRAIN that I have in clear language informed the person attested of the accusation against him and of any Affidavit tiled herewith, and of his right to retain counsel, and of his right to the appointment of counsel if he is indigent and cannot afford counsel, and of his right to remain silent, and of his right to have an attorney present during any interview with peace officers or attorneys representing the State, and of his right to tenninate the interview at any time, and of his right to have an examining trial.
1 infonned the person arrested that he does not have to make any statement at all, and that any statement made by him.maybe used in evidence against him on his trial for the offense c9ncerning which the statement is made.
I infonned the person arrested that reasonable time ahd opportunity would be allowed him to consult counsel and of his rights to bail if allowed by law.
1 also informed the person arrested that if he is not a citizen of the United States that he may have the right to contact consular officials from his country and that if he is a citizen of certain countries that consular officials would be notified of this arrest without further action required on his part.
[{]The person arrested stated that he is a citizen of the United States of America
Offcnse(s): Cause No. Agcn.cy Name Bond Amount
THEI-"l' MATERIAL 50\ F1254214 Dall~s Police $50,000.00 Cash/Sur ALuM/BRNZE/COPPER <$20K Remanded to custody of _______ Ds_o _______ in witness whereof, I have subscribed my name MagJ~~~ty, Texas this the _7_ day of ... ·-----'-'A.Iio:.p.::..r.::..i '-I ___ , 2m .
Page l of l *18 INSTRUCTIONS RELATING TO PRELIMINARY INITIAL APPEARANCE Cause No. F1254214 OfTensc: THEFT MATERIAL 50% ALUM!BRNZEICOPPI;R <$20K ENH The State ofTexas
vs. RUBIN CRAIN
RUBIN CRAIN , hereafter referred to as defendant, who On this date appeared makes his initial appearance in connection with the above numbered cause. At this appearance a hearing was held, at v .. ·hich the following took place:
I. Defendant was informed as provided in Art. 15.17 CCP.
2. Bail was set in the amount of$ $50,000.00
I felony charges associatt:d with this arrest arc assigned to and shall be filed in 3. All Jeanine Howard Court, -~riminal District Court No. 6 (FX) Copies of these instructions served on defendant and transporting officer on this _!____ day of
April , 20 12.
' ~. [0] c_ - 12CtJI- *19 Fl254214 Special Needs: _____ _ Cause# - - - - - - - ELECTION OF COUNSEL Name: __ __ __ .:_R_U_l3_1_N_C_RA_I_~ _______ l)013: OS/2511969 Sex: M Race: B Select and initial one:
___ NO, I DO NOT WANT AN APPOINTED LAWYER. I have been warned by the magistrate that I have the right to request a determination of indigency to decide whether I am entitled to the appDintment of a lawyer and I understood the warnings given to me by the
~iH hire my own lawyer. --1--'T-- YES, l DO WANT AN APPOINTED LAWYER. I have been advised by the m i tc of my right to representation by counsel in the trial of the charge against me. I certify that I am without means to employ a lawyer of my own choosing and I now request the court to select and appoint a lawyer for me. I understand that I may be required to repay Dallas County for a court-appointed lawyer.
~y total monthly incoQuding spouse's income, SSI, child support, disability or other is: ~he total value of my asoluding house, ca:~~-~~sh, stocks. bonds or other is:
I swear that the above information is true and correct.
.c~C-~
DISMISS and Opinion Filed January 7, 2015.
In The <!rourt of Appeals 1Jiiftq ilistritt of wcxas at ilallas No. 05-14-01623-CV IN RE RUBIN CRAIN IV, Relator Original Proceeding from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F12-54318-Y MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Stoddart Opinion by Justice Myers Relator files this petition for writ of mandamus contending the trial court had no jurisdiction to enhance the offense for which he was convicted, the procedure used to enhance his offense was illegal, he was denied effective assistance of counsel and his conviction violated the prohibition against ex post facto laws and the prohibition against double jeopardy. [1] Each of these contentions represents a collateral attack on relator's judgment of conviction.
*21 The only proper means of collaterally attacking a final felony conviction is via petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. TEX. CODE CRIM.
PROC. ANN. art. 11.07, § 5 (West Supp. 2014) ("After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner."); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) ( orig. proceeding) (in granting writ of mandamus to vacate judgment of conviction, court of appeals usurped the exclusive authority of court of criminal appeals to grant post- conviction relief). This Court has no jurisdiction over complaints that should be raised by post- conviction habeas corpus proceedings brought under article 11.07. See TEX. CODE CRIM. P. ANN.
arts. 11.05, 11.07 (West 2005 & Supp. 2014). Accordingly, we DISMISS the petition for want of jurisdiction.
JUSTICE
141623F.P05
-2- *22 llllllllllllllllilllll\!llllillll!lllllllllllllllllllll
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DEFENDANT Crain,_B.,_,u,_,b"-'in'--'-'1\_' ______ __:B::__:~c..:.....:.O.::.S2::.:5:...:1.:..::969 CHARGE BL!RG BLDG
AKA: LOCATIO!'\ LlD..o.SO,_,_ __ __ __ _
ADDRESS 9.0J_Gaynor_A-.:e,J2uncil!L\~lle,-'--"----
fiLI"'G AGENCY TXDPDOOOO DATE FILED April 17,2012 CDC 7 COIJRT
COMPLAIN ANT Castlebe!JY"_,R_,_,ic:.ch'-"ao:.r_,_d _ _ _ _ _ _____ _,_F_-_,_12"'5'-4"'3'-'-1-"8--__,.-V-'-T'-#: ____ _
CIC
Testifying Witnesses: TRUE BILL 11'\DICTME'IT
!N THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of
Dallas County, State of Texas, duly organized at the _ ___:J~an=uarv"'-'---- Term, A.D., 2012 of the
_ ___ ___ =.,26"'5"-'t"'-h-"-J"-ud,_,ic::,c"'ia"-1 .::D:.'-:is'-"tr'-'ic'-'t'-'C"'o'-"u"-rt'-------' Dallas County, in said Court at said
Tenn, do present that one CRAIN, RUBIN IV , Defendant,
On or about the __ 7_t_h __ d...:ay'--o_f_A_,_p_n_·l_A_._D_.:....' _2_0_12 ___ in the County of Dallas and said State, did
unlawfully, intentionally and knowingly enter a building not then and there open to the public, without the effective consent of RICHARD CASTLEBERRY, the ovmer thereof, with the intent to commit theft,
,...., = ,..._, ::n: :;:,. ··~f~: --< ~= r~: C> -< .,, c: , .. l --< C> ::!: r:-? Cl r-·~ rr~ ·~·0' against the peace and dignity of the State. CRAIG WATKINS
Criminal District Anorncy of Dallas Counry, Tcxa..•\ Foreman of the Grand Jury. :_ /
COURT *23 Order entered January 7, 2014
In The Ql:ourt of ~peals .1'iftb mistrid of 1!ttxas at mauas No. 05-14-01623-CV IN RE RUBIN CRAIN IV, Relator Original Proceeding from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. Fl2-54318-Y ORDER
Based on the Court's opinion of this date, we DISMISS the petition for writ of mandamus. We ORDER relator to bear the costs of this original proceeding.
Is/ LANA MYERS JUSTICE c.c.12cnz:- ~~\o~+ ~:ti~~ ~ .--
.JUDGMENT
CERTIFICATE OF THUMBPRINT . =~. -~ --~ . r l~,;i CAUSE NO. F \ J.Slf3 \e .y THE STATE OF TEXAS VS. CRIMINAL DISTRICT COURT #7 (! r-t:t,·l"l '2. , · 'R.o b ,~ ,._) DALLAS COUNTY, TEXAS > [0] ~-- > I ·-:···· ... : .-.-,--
,fl- HAND RIGHT THUMB DEFENDANT'S
THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE
NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.
DONE IN couRT THis I <f-tAY oF Auy v r r:- '20/~ •
BAILIFF/DEPUTY SHERIFF *INDICATE HERE IF PRINT OTHER THAN DEFENDANT'S RIGHT THUMBPRINT IS PLACED IN BOX:
LEFT THUMBPRINT LEFT/RIGHT INDEX FINGER ____ OTHER, ____________________ __
SIGNED AND ENTERED ON THIS /</~y OF &-a- vs+ '20 ):2._ • PRESIDING .JUDGE '·
·----
No. F12-543-18 § IN THE CRIMINAL ·.:'
THE STATE OF TEXAS :....=;:,., ·. § . ,. c~,\'._·'.~ DISTRICT Coug! }f_'! C{) · __ . vs. §
§ RUBIN CRAIN § DALLASCOUNTY,TEXAS
§ JULY TERM, 2012
§ NOTICE OF INTENT TO ENHANCE PUNISHMENT RANGE WITH PRIOR FELONY CONVICTIONS NOW COMES THE STATE OF TEXAS, by and through its Assistant Criminal District Attorney ANGEL MATA and notifies the defense, by and through his counsel, the following enhancement paragraphs with which the State of Texas intends to arraign Defendant at the punishment phase of his trial:
Prior to the commission of the offense set out above, the defendant was finally convicted of the felony offense of Robbery by Threat, in the Criminal District Court Number Two of Tarrant County, Texas, in cause number 1067954D, on the lfli' day of May 1M8. J/ ye. 1J)C... ,.J
trz!h
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Prior to the commission of the offense set out above, the defendant was fmally convicted of the felony offense of Burglary of a Building, in the Criminal District Court Number One of Tarrant County, Texas, in cause number 1024047W, on the 23rd day of June, 2006.
Prior to the commission of the offense set out above, the defendant was finally convicted of the felony offense ofRobbery, in the Criminal District Court Number Four of Tarrant County, Texas, in cause number 0393352W, on the 4th day of January 1990. u.- ·Prior to the commission of the offense set out above, the defendant was finally convicted of the 1
~,...felony offense of Forgery in the Criminal District Court Number 213 of Tarrant Countx.a. ~ 6yrL.- 1 DC"""' Texas, in cause number 0658113D i!8lllt day of January lQIS..
a~
\~~ 6~
Prior to the commission of the offense set out above, the defendant was finally convicted of the felony offense of Theft Under $1500 and Two Prior Convictions, in the Criminal District Court Number Four of Tarrant County, Texas, in cause number 0994038W, on the 14th day of October 2005.
Prior to the commission of the offense set out above, the defendant was finally convicted of the felony offense of Possession of Controlled Substance, in the Criminal District Court Number Four of Tarrant County, Texas, in cause number 0371975, on the 4th day of January 1990.
c.~ c.~ (o<o.)
Cause Number: F12-543-18
THE STATE OF TEXAS * IN TilE CRIMINAL
vs. * DISTRICT COURT #7
RUBIN CRAIN * I>ALLAS COUNTY, TEXAS
STIPULATION OF EVJDI<:NCE t" ••• TO THE HONORABLE JUDGE OF SAID COURT:
Now comes RUBIN CRAIN, Dcicndant in the above-entitled and numbered cause, in open Court, and with the consent and advice of David Wright, the Defendant's attomey of record, enters in1o this Stipulation of Evidem:e with the State of Texas as represented by her District Attomey Craig Watkins through Assistant Criminal Dist1ict Attomey Angel Mata.
I. It is hereby agrecd·and stipulated by all parties that if Deputy Washington were called as a witness for the State, she would testify as follows:
That she is employed by the Dallas Sheriffs Department. She has completed the necessary training and education and has experience in the field of latent fingerprints. Deputy Washington would have compared prints litlcd !rom Defendant with lingcrjJrints attached to prior certified conviction with Rubin Crain as the Defendant.
That the comparison techniques utilized regarding latent and rolled fingerprints arc readily accepted and commonly practiced in the law enforcement community.
II. It is hereby agreed and stipulated by all parties that ii"Dcputy Washington were ciillcJ as a \ witness tor the State, she would testify:
The above named Dekndant, Rubin Crain, is one and the same individual who was charged with. adjudicated and convicted of the tollowing ofti!nses:
{:It-)
In Tarrant County, Texas on or about January 28, 1998, the Defendant was convicted of'lbeft, Cause No. 0662025. styled State of Texas v. Rubin IV Crain.
. If- '-", l440:'1
In Tarrant County, Texas on or about January !D. tlii!S. the Dc1cndunt was convicted of Forgery by 0 yfl. oOJ.fo.,t:::C Possession, Cause No. 06581130, styled State of Texas v. Rubin IV Crain. In Tarrant County. Texas on or about November I X. 2004. the Defendant was wnvictcd Theil, Cause No. 00955811. styled State ofTcxas v. Rubin IV Crain.
In Tarrant County, Texas on or about October 14, 2005. the Dctcndant was convicted ofThclt, Caw;c No. 0994038W, styk-d State ofTexas v. Rubin IV Crain.
ln Tarrant County, Texas on or about May 12.:2006, the Defendant was convictl--d <JfCriminal Mischief Cause No. 1019904, styled State ofTcxas v. Rubin IV Crain.
ln Tarrant County, Texas on or about June 23. 2006, the Dclcndant was convicted of Burglary of a Building, Cause No. l 024047W, styled Stale of Texas v. Rubin IV Crain.
In Tarrant County. Texas on or about March 2 L 2007, the De!cndant was convicted of Possession or '*~ . . Marijuana. Cause No. I 057935. styled State of Texas v. Rubin IV Crain. In Tarrant County. Texas on or about May~,~. the Defendant was convicted on Robbery by 'I yfl.~ 8f;.J.f~
Threats, Cause No. 10679540, styled State of Texas v. Rubin IV Crain.
Ill. lt is 1i.trther understood by the undersigned Dclcndant that he has the absolute right to eonfi·ont and cross-examine this witness as to the stipulated testimony. The Defendant wishes to freely and voluntarily waive the right to confront and cross-examine this witness anclagrecs that the witness's testimony may be read into the rcco~~ as stipulated above.
So Stipulated and agreed to this 13 111 day of August, A.D. 2012.
Craig Watkins Criminal tstrict Attorney nty, Texas . 1·. At c1 Mata Assistant District Attorney Bar No.24063940 frh~bf..P~F-~ VOL 113 PAGE471
CASE No. F-1254318-Y
INCIDENT NO./TRN: THE STATE OF TEXAS § IN THE CRIMINAL DISTRICT § v. § COURT#7
§ § DALLAS COUNTY, TEXAS
RUBIN CRAIN
§ §
STATE ID No.: TX04292796 JUDGMENT OF CONVICTION BY JURY Date Judgment HON. Michael R. Snipes 8/14/2012 Judge Presiding: Entered: Attorney for Attorney for State: La qui ta Long David Wright Defendant: Offense for which Defendant Convicted:
BURGLARY OF BUILDING
Charging Instrument: Statute for Offen·se:
INDICTMENT 30.02 Peiui-1 C.ode
Date of Offense: 417/2012
Degree of Offense: Plea to Offense:
STATE JAIL FELONY NOT GUILTY
Verdict of Jury: Findings on Deadly Weapon:
GUILTY NIA to Plea Enhancement pt Paragraph: Findings on 1 Enhancement Paragraph: [51] TRUE NIA Enhancement/Habitual Plea to znd Enhancement/Habitual Paragraph: 2nd Paragraph: Findings on TRUE N/A Punishment Assessed by: Date Sentence Imposed: Date Sentence to Commence: JURY 8114/2012 8/14/2012 Punishment and Place 10 YEARS INSTITUTIONAL DIVISION, TDCJ of Confinement: THIS SENTENCE SHALL RUN CONCURRENTLY. D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
Court Costs: Restitution: Restitution Payable to: 0 AGENCY/AGENT $NIA $239 $NIA (see below) D VICTIM 0 Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof.
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 TDCJ. enter incarceration periods in chronological order. . - -...~:~rm§_417/2J.ll2·tq 8/14/2012 From to From to
Time 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.
NIA 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 Dallas County, Texas. The State appeared by her District Attorney. Counsel/ Waiver of Counsel (select one)
[gj Defendant appeared in person with Counsel. 0 Defendant knowingly, intelligently, and voluntarily waived the righMo representation by counsel in writing in open court . ... " .. \~ C..o G ({2c;[[(' 4 g ~~ o-1' :;_- ''""'"'"" Page I of 4 • , . . . . ' It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging
instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read· to·the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.
The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed by Jury I Court I No election (select one)
[81 Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. 0 Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. 0 No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing
evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9. 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)
[81 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent ofthe 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 Dallas County District Clerk Felony Collections Department. 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. 0 County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody ofthe Sheriff of Dallas County, Texas on the date the sentence is to commence. Defendant shall be confined in the Dallas County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Dallas County District Clerk Felony Collections Department. 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. 0 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 Dallas County District Clerk Felony Collections Department. 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 I Suspension of Sentence (select one)
[81 The Court ORDERS Defendant's sentence EXECUTED. 0 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 August 14, 2012
Michael R. Snipes JUDGE PRESIDING Clerk: R.BODY
*Thumbprint Certification attached. Rig~t Th~bprint* I'"-· c... friei/L.
crain.f-1254318 Page 2 or:r- ~tf)
Order entered March 27, 2013
In The ~ourt of ~pealg jfiftb j!)fgtrfrt of 1!rexag at maiiag No. 05-12-01219-CR
RUBIN CRAIN, Appellant v.
THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No.7 Dallas County, Texas
Trial Court Cause No. F12-54318-Y ORDER
The Court ORDERS the trial court to conduct a hearing to determine why appellimt's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence .. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which
,. . -1 :".
may include appointment of new counseL ·" · c
-· *31 We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.
This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
Is/ DAVID EVANS JUSTICE Order entered April 30, 2013
In The QCourt of ~ptal.u jfiftb Jlistrirt of m:exas at Jlalla.u No. 05-12-01219-CR
RUBIN CRAIN, Appellant v.
THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F12-54318-Y ORDER
The Court REI~ST A TES the appeal.
On March 27, 2013, we ordered the trial court to make findings regarding why appellant's brief had not been filed. On April 25, 2013, we received appellant's brief, together with an extension motion. Therefore, in the interest of expediting the appeal, we VACATE the March 27, 2013 order requiring findings.
We GRANT the April 25, 2013 extension motion and ORDER appellant's brief filed as of the date of this order.
Is! DAVID EVANS JUSTICE . . .. 0 • • ,_ _,.,. " ; .... · .. -·. ' •.
Office of the Chief Disciplinary Counsel
June 3, 2015
Rubin Crain IV
Inmate#: 1987012 /#F2-28T(NF/092)
Holliday Unit 295 IH 45 North
Huntsville, TX 77320
Re: 201501735- Rubin Crain, IV- David Chris Wright
Dear Mr. Crain:
Your request to appeal the classification decision in the above-referenced matter was received and has been forwarded to the Board of Disciplinary Appeals for their review.
The Board of Disciplinary Appeals will notify you of its decision and any further action to be taken.
Sincerely,
J.L\.UJ.l(CA~
K.W. Morgan
Assistant Disciplinary Counsel
KM/ss
P. 0. Box 12487, Austin, TX 78711, (512) 42~350~ (877) 953-5535, fax: (512) 427-4167 l 028.) .
THOMAS C. COW AN± 650 PGYDRAS STREET, SUITE ~315
J. R05:L YN LEMMON± NEW ORLEANS, LOUISIANA 70 130 OF COUNSEL: Pi-llLIP E. RESO TELEPHONE: (504) 527-62:>.6 1-iARR Y T. LEMMON FACSIMILE: (504) 527-0801 LE'AH T. Tl-iERIO
tcowan@cvwanlemmon.com
Diret:t Dial: 504-593-4407
April 2, 2014
Rubin Crain, IV
#12023660
Dallas County Jail - 2
PO Box 660334
Dallas, TX 75266-0334
Re: Cause No. 3: 12-cv-04063-L-BF;'U.S. District Court for the R~bin Cr~in, Nory:hern District.ofTexas,'Dallas I)ivision : [1] e:i% A~gusto Men~hac.a; Cesar v. IV I ' • . .::: · '•' · · [1] · '~I . '• • r• I> • Dear Mr. Crain:
On March 24, 2014 we sent you a new medical authorization requested by Dallas County HospitaL .District: d/b/a Parkland Health & Hospital System allowing us to speak to your healthcan~ providers to obtain affidavits or depositions in order to proceed in this matter. To date we have not received the executed authorization fr(>m you. It is imperative that we obtain this authorization in order to move this matter forward.
. . .. '. ~- ' . ( . For your convenience I am resending the authorization. Pl~~se sign where indicated and place the original in the enclosed self-addressee( stamped enve.:ope to me as soon as possible.
Your cooperation will hasten bringing this matter to a conclusion, :•:
Very truly y;)iJ.fS, -.. ~··: __ (!~.-
Thomas C. Cowan TCC/maw: ._ .. ~ :-.
Enclosure
cc: ··'Winston Borum Esq:(via email).' · . . ~ ~ '· · .. :. . . · ,• \ : :.: ~ \ .. '--'· ... · . ,··:.::. ..
RivER PARISHEs OFFICE·: 150GR RIVER -Ro.', P.O. Box 1 o3·o, Ht~i tNVILu::, Lot :i:iL\c.JA 700)7 ±UcENsrD IN I.o< ~~~'"N.\ A,,l) Tcx,,s TEI~EPHONE: (985) 783.-9849 ._,FACSitviiLE: (935) :'X3-YS64 130 I MCKINNEY STREET, SUITE 2700, HOUSTON, n::-:,,s 770 l 0 HOUSTON 0Fr:ICE: . FACSIMILE: (713) 91; 1-! TELEPHONE: (713) 961-1222 c_.c...'«ed
lf&i.o~t: v< ~CJ.)
Borum & Hancock, L.L.P.
ATTORNEYS ~ND COUNSELORS AT LAW 2485 BURNETT PLAZA
801 CHERRY ST., UNIT# FORT WORTH, TX 76102
PHONE 817.336.4100
METRO 972.263.7575
FAX 817.336.4141
Winston L. Borum
borum@borumhancock.com
August 23, 2013
U.S. Magistrate Judge Paul D. Stickney
Northern District of Texas
Dallas Division
1100 Commerce Street, Room 1611
Dallas, Texas 75242-1003
Re: Cause No.3: 12-cv-04063-L-BF, United States District Court for the Northern District of Texas, Dallas Division
Rubin Crain, IV v. Cesar Augusto Menchaca, et al Dear Judge Stickney:
In accordance with the Judges' Copy Requirements for Electronic Filing which states that ....,...../'---" - you are to receive paper copies of all filings, enclosed please find a copy of DEFENDANT
PARKLAND HOSPITAL'S RESPONSE IN OBJECTION TO PLAINTIFF'S THIRD MOTION FOR DISCOVERY which was e-filed today.
With best regards, I am,
Yours very truly, VJ~tSOl(MrL 6 ~ ·ms · Winston L. Borum Enclosure
cc: Rubin Crain, IV (w/encl) via CM, RRR 70103090000338154475
Thomas Clifton Cowan (w/o encl.) via email '"''' ,,;,"""31215-3096 * So\o ~~ ¥<
p; ·-1f..z.. (pfl Ad tt.f.J../J~fr(W~ "iNet Brow.e< 4.5.10- R""'"'- looideot R'P"rt '7J (( a, t)1:1 ,#/)c#fb?~),cident Detail Report ('!5,) u? .afp.-{,"cJrJ ~./ot\J& ... o"
. . Y- Data Source: Data Warehouse /1. · (jf G6 tf~ r · .~/jAJ Incident Status: Closed Incident number: 2012064473
Incident Date: 4nt2012 11:36:14 *37 Last Updated: 4/2/2015 10:27:56 Incident Type: 1EN Alarm Level: Priority: Emergency Problem: 12 - Natural Gas Leak Determinant: Agency: Fire Base Response#: 04072012-0089852 Jurisdiction: Dallas Fire Dallas Fire Confirmation#: Division: Taken By: FLIPPIN, WALTER M Battalion: Dallas Fire Response Area: DAL Response Plan: *DFR-1EN Disposition: Command Ch: Cancel Reason: Primary TAC: Incident Status: Closed Secondary TAC: Certification: Delay Reason (if any): Longitude: 96809771 Latitude: 32739140 Location Name: County: OALL.AS Address: 919 Morrell Ave Location Type: Apartment: Cross Street: HARL.ANOALE AVE/FERNWOOD AVE Building: Map Reference: 55-E City, State, Zip: Dallas TX 75203
Caller Name: Method Received: Telephone Call Back Phone: 9 Caller Location: Caller Type:
Time Stamps Elapsed Times · · \ " Description Date Time User Description Time Phone Pickup 4/7/2012 11:36:12 1st Key Stroke 4/7/2012 11:36:14 Received to In Queue 00:00:28 In Waiting Queue 4/7/2012 11:36:42 Call Taking 00:00:42 Call Taking Complete 4/7/2012 11:36:56 FLIPPIN, WALTER M In Queue to 1st Assign 00:00:02 1st Unit Assigned 4/7/2012 11:36:44 Call Received to 1st Assign 00:00:32 1st Unit Enroute 4/7/2012 11:37:36 Assigned to 1st Enroute 00:00:52 1st Unit Arrived 4/7/2012 11:40:19 Enroute to 1st Arrived 00:02:43 Closed 4/7/2012 11:50:24 VisiNetMobilelnterface Incident Duration 00:14:12 Delay Odm. Odm. Unit Assigned Disposition Enroute Staged Arrived At Patient Avail Complete Enroute Arrived Cancel Reason E:N23 11 :36:44 11 :37:36 11 :40:19 11:50:24 No Personnel Assigned
No Pre-Scheduled Information
No Transports Information
No Transports Information User -
Date Time 4/7/2012 11:36:42
No Address Changes
http://apcad 1 07 NisiN etBrowser/SearchllncidentReport.aspx?id= 12834208&ds=a[ 4/2/2015 1 0:28:44 AM]
No Priority Changes
Date Time User Change to Alarm 4/7/2012 11:36:44
No Call Activity
Date Time Field Changed From Changed To Reason Table Workstation 4/7/2012 11:36:20 Address (Blank) 919 MORRELL New Entry Response_Master_lncident CADDFRF289 4/7/2012 11:36:21 Longitude 0 96809771 Entry Verified Response_Master_lncident CADDFRF289 4/7/2012 11:36:21 Latitude 0 32739140 Entry Verified Response_Master_lncident CADDFRF289 4/7/2012 11:36:21 Address 919 MORRELL 919 MORRELL AVE Entry Verified Response_Master_lncldent CADDFRF289 4/7/2012 11:36:28 MethodOfCa Telephone (Response VleweResponse_Master_lncident CADDFRF289 4/7/2012 11:36:42 Caller_Bul Polygon Lookup Response_Master_lncldent CADDFRF289 4/7/2012 11:36:42 Map_lnfo 55-E Response_Master_lncident CADDFRF289 4/7/2012 11:36:42 Pickup_Map 55·E Response_ Transports CADDFRF289 No Custom Time Stamps
No Custom Data Fields
No Attachment
http://apcad 107 NisiNetBrowser/Search/IncidentReport.aspx?id= 12834208&ds=a[ 4/2/2015 10:28:44 AM]
FELICIA PITRE DALLAS COUNTY DISTRICT CLERK Date: June 17, 2015 '\V-1254318 Y(C) !1P: Ex Parte: RUBIN CRAIN Dear Mr./MS CRAIN
The application for Writ in the above styled cause has been referred to the CRIMINAL District Court No.7, Dallas County, Texas for processing. Please be advised that all future Correspondence should indicate the above listed cause number. ,,,,,1111111/1/ifJt.•
Sincerely lltt. ~,,... ~ c,\ COULl "~ ~ ~~ .......... :r'l ~ ~ -5:2 . · ·1 k f . · · ·· ... 4 ~ ~· ·. _.....-::::.
FELICIA PITRE ::::: r-.. • "( • . ..... .::::- ~.. \ ::: :· .. ~::::. = . <~ District Clerk = *: (/1 ·~== =r-= . ;: \ -\- i~§ Dallas County, Texas %1 ··.. V' .... c., § /r... ~ ~ <1'~··.. L2 . ""'""""m"'"' ~ -_,;'1···········(\~.J~ ~ ""i 'Al~'\,,~
By.~·
Deputy/COLEMAN 133 North Riverfront Blvd. LB 12- Dallas, Texas 75207- (214) 653-5973 FAX (214) 653-5986- e-mail: Sylvia.Medrano@DallasCounty.org
Web Site: www.dallascounty.org/department/districtclerk/districtclerk _index. html
[1] The Texas Rules of Appellate Procedure include specific requirements concerning the form and contents of a petition for writ of mandamus and relator's petition does not comply with those requirements. TEx. R. APP. P. 52.3. Relator does not certify his petition as required by rule 52.30) and he has not provided a mandamus record as required by rule 52.3(k) and 52.7. Although the' deficiencies in relator's petition would in themselves constitute sufficient reason to deny mandamus relief, we address our jurisdiction sua sponte, as we must. M.O. Dental Lab. v. Rape, 139 S.W.3d 671, 673 (Tex. 2004) (per curiam) (court must review sua sponte issues affecting jurisdiction.)