Case Information
*1 ^\ll/ < TRN# 9076144397 Cause No. F01-59398-P A1 .V <*.»
THE STATE OF TEXAS IN THE 203rd JUDICIAL
Hz? VS. DISTRICT COURT OF LICHO ESCAMELLA
FRANCISCO JESUS HERNANDEZ
SID# 06223792
JUDGMENT ON PLEA OF NOT GUILTY BEFORE JURY PUNISHMENT BY JURY - NO COMMUNITY SUPERVISION JULY TERM, 2002
JUDGE PRESIDING: Lana McDaniel DATE OF JUDGMENT: October 31, 2002 ATTORNEY FOR STATE: Steve Tokoly ATTORNEY FOR DEFENDANT: Brook Busbee
Fred Burns Wayne Huff Howard Blackmon
OFFENSE CONVICTED OF: Capital Murder - Police Officer DEGREE: A Capital Felony COMMITTED ON: 11/25/01 CHARGING INSTRUMENT: Indictment PLEA: NOT GUILTY
VERDICT: GUILTY AS CHARGED FOREMAN: Thomas Bouse DEADLY WEAPON FINDING: The jury finds that Defendant herein used orexhibited a deadly
weapon during the commission of said offense, to wit: a firearm PUNISHMENT ASSESSED BY: Jury - see special issues attached hereto and incorporated by reference DATE SENTENCE IMPOSED: October 31, 2002 COSTS: YES
PUNISHMENT AND PLACE OF CONFINEMENT: Death. Confinement in the Institutional Division
of the Texas Department of Criminal Justice until sentence of death is carried out.
DATE TO COMMENCE: Date of execution to be determined at a later date.
CREDIT FOR TIME SERVED: 11/25/01 - 10/31/02
On this day set forth above, theabove styled and numbered cause came to trial. The state ofTexas and defendant appeared by and through the above-named attorneys and announced ready for trial. Defendant appeared in person in open court. Defendant in open court was duly arraigned, and entered the above shown plea. The defendant was admonished by the court ofthe consequences ofthe said plea and defendant persisted in entering
saidplea, and it plainly appearingto the court that defendant is mentally competent and said plea is free and voluntary, the said plea was accepted by the court and is now entered ofrecord as the plea herein of defendant. Thereupona jury was duly selected, impaneled and sworn, who having heard the indictment presented and defendant's pleathereto, and having heard the evidence submitted, and, having been duly charged bythe court as to their duty to determine the guilt or innocence of the defendant, and after having heardthe arguments of counsel retired in charge ofthe proper officer to consider their verdict. Afterward thejury was brought into open court by the proper officer, defendant and his counsel being present, and in due form oflaw returned into open court the above shownverdict which was received and accepted by the court, and is here and now entered upon the minutes of the court.
Thereupon, the defendant having previously elected to have punishment assessed by the jury, the jury heard evidence related to the question of punishment. Thereafter, thejury retired to consider such question, and, after having deliberated, the jury was brought back into open court by the proper officer, the defendant, defendant's attorney, and the State's attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered it had, and returned to the Court their verdict as shown above. Said verdict was read aloud, received by the Court, and is now entered upon the minutes of the Court.
When it is shown above the defendant is guilty of the offense set forth above, it is considered by the court that said defendant is adjudged to be guilty of the offense set forth above and that defendant committed the offense onthe date setforth above as charged in the indictment and that said defendant be punished as has been determined by the jury, said punishment being determined by the jury's answers to the Special Issues submitted to them, and that the defendant be confined in the place of confinement shownabove until such time as the sentence of death can be carried out. It is ordered that the State of Texas have and recover of the said defendant all costs in this prosecution expended for which let execution issue. The Court further makes its finding as to deadly weapon as set forth above based upon the jury's verdict.
When it is shown above that restitution has been ordered but the court determines that the inclusion of the victim's name and address inthe judgment is not in the best interest ofthe victim the person oragency whose name and address is set out in this judgment will accept and forward the restitution payments to the victim. And when it is shown below that payment of the costs of legal services provided to the defendant in this cause has beenordered, the court finds that the defendant has the financial resources to enable the defendant to offset said costs in the amount ordered.
Thereupon the said defendant was asked by the court whether he had anything to say why said sentence should not be pronounced against him and he answered nothing in bar thereof, and it appearing to the court that the defendant is mentally competent and understanding ofthe proceedings, the Court proceeded to pronounce sentence upon said defendant.
It is therefore, considered and ordered by the court in the presence ofdefendant and his attorney, that said judgment as set forth above is hereby in all things approved and confirmed, and that defendant, who has been adjudged guilty of the above named offense, as shown above, and whose punishment has been assessed as shown above, be punished in accordance with the punishment set forth above and that defendant shall be delivered by the sheriff to the director of the Institutional Division of the Texas Department ofCriminal Justice, or other person legally authorized to receive such convicts for the punishment assessed herein and *3 said defendant shall be confined until such time as the sentence of death can be carried out in accordance with the provisions of law governing such punishments. It is further ordered that the defendant pay the court costs, costs and expenses of legal services provided by the court appointed attorney in this cause, if any, and restitution or reparation, as set forth herein, for which let execution issue.
Defendant is hereby ordered remanded to jail until said sheriff can obey the directions of this judgment. Following the disposition of this cause the defendant's fingerprint was in open court, placed upon a certificate offingerprint. Said certificate is attached hereto and is incorporated by reference as a part of this judgment. When required a pre-sentence investigation was conducted in accordance with the applicable provisions of law.
Defendant excepts and gives notice of appeal.
Court costs in the amount of $243.00
No victim impact statement has been received by the Court.
Signed this 31" day of October, 2002.
#A*>*~s'. LANA McDANIEL, JUDGE 203rd JUDICIAL DISTRICT COURT *4 JUDGMENT
CERTIFICATE OF THUMBPRINT CAUSE NO. FQl- S'Fsqg
THE STATE OF TEXAS IN THE 2&3 VS. DISTRICT COURT Right
Thumb* Defendant's &.u,ut hand 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 3j DAY OF OCTc,Tae.e. , y4 2c**-i.. &7£~ BAILIFF/DEPUTY SHERIFF ♦Indicate here if print other than defendant's right thumbprint is placed in box:
1 I left thumbprint 1 1 left/right index finger I I other.
AND WHEREAS, onthe 4th day ofOctober, 2004, intrial court No. FOl -59398-P, Court of Criminal Appeals No. 74,494 the Texas Court of Criminal Appeals issued a mandateaffirming the Judgment in Licho Escamilla vs. The State of Texas as follows, to-wit:
MANDATE ATTACHED
WARRANT OF EXECUTION
Escamilla. wex
<W1 hst
TEXAS COURT OF CRIMINAL APPEALS r;TT cn Austin. Texas ML tL ) Austin, Texas OCT 8 2004 MANDATE DIST. CLHtf DAty«S CO.. TEXAS THE STATE OF TEXAS,
«» ' - DEPUTY TO THE 201st .TUDICIAL DISTRICT COURT OF DALLAS COUNTY — GREETINGS:
Before our COURT OF CRIMINAL APPEALS, on theJO^L day ofJUNE A.D. 2004, the cause upon appeal
to revise or reverse your Judgment between:
LICHO ESCAMILLA
VS.
THE STATE OF TEXAS
CCRANO. 74.494
TRIAL COURT NO. F01-59398-P
was determined; and therein our said COURT OF CRIMINAL APPEALS made its order in these words:
"This cause came on to be heard on the record of the Court below, and the same being considered, because it is the Opinion of this Court that there was no error in the judgment, it is ORDERED, ADJUDGED AND DECREED by the Court that thejudgment be AFFIRMED, in accordance with the Opinion of this Court, and that this Decision be certified below for observance."
Appellant's Motion for Rehearing isDenied.
WHEREFORE, We command you to observe the Order ofour said COURT OF CRIMINAL APPEALS in this
behalf and in all things have it duly recognized, obeyed and executed.
WITNESS, THE HONORABLE SHARON KELLER, Presiding Judge of our said COURT OF CRIMINAL APPEALS, with the Seal thereof annexed, at the City of Austin, this_4Jlday of OCTOBER A.D. 2004.
TROY C.BENNETTWR., Clerk ——i
_— ' JpF I' I'll. Clerk
Veronica Arellafo
AND WHEREAS, the 203rd Judicial District Court ofDallas County, Texas on the 18th day ofJune, 2015, did enter an Order Setting Execution Date as set forth in the Minutes ofsaid Court, as follows, to-wit:
ORDER SETTING EXECUTION DATE ATTACHED
WARRANT OF EXECUTION
Escamilla.wex
CAUSE NO. F01-59398-P THE STATE OF TEXAS § IN THE 203rd JUDICIAL
§ VS. § DISTRICT COURT
§
LICHO ESCAMILLA §
ORDER SETTING EXECUTION DATE The Court has reviewed the State's Motion to Set Execution Date and finds that the motion should be granted; and whereas
TheDefendant, Licho Escamilla, was previously sentenced to death by the Court in the presence of his attorneys; and
There being no stays of execution in effect in this case, it is the duty of this Court to set an execution date in the above numbered and styled cause, and the Court now enters the following ORDER:
IT IS HEREBY ORDERED that the Defendant, Licho Escamilla, who has been adjudged to beguilty of capital murder ascharged in the indictment andwhose punishment has been assessed by the verdict ofthe jury and judgment ofthe Court atDeath, shall be kept in custody by the Director of the Texas Department of Criminal Justice, Institutional Division, until the
14th day ofOctober, 2015, upon which day, at the Texas Department of
Criminal Justice, Institutional Division, atsome time after the hour ofsix o'clock p.m., in a ORDER SETTING EXECUTION DATE
Escamilla/ose
Original *9 room arranged for the purpose of execution, the said Director, acting by and through the executioner designated by said Director, as provided by law, is hereby commanded, ordered and directed to carry out this sentence of death by intravenous injection of a substance or substances in a lethal quantity sufficient to cause the death of the said Licho Escamilla until the said LichoEscamillais dead. Suchprocedure shall be determined and supervisedby the said Director of the Texas Department of Criminal Justice, Institutional Division.
TheClerkof this Courtshallissue anddeliver to the Sheriffof DallasCounty, Texas, a Death Warrant in accordance with this Order, directed to the Director of the Texas Department of Criminal Justice, Institutional Division, at Huntsville, Texas, commanding him, the said Director, to put into execution the Judgment of Death against the said Licho Escamilla.
The Sheriff of Dallas County, Texas is hereby ordered, upon receipt of said Death Warrant, to deliver said Warrant to the Director of the Department of Criminal Justice, Institutional Division, Huntsville, Texas.
SIGNED this jQ day of June, 2015.
ORNE*, JUDGE 203rd JU L DISTRICT COURT ORDER SETTING EXECUTION DATE
Escamilla/ose
Original
You are hereby commanded to carry into execution the order of execution herein in accordance with this Warrant for the execution ofthe sentence ofdeath, and in accordance with the Judgment and Sentence ofthis said Court, shown herein, which I certify to be true and correct copies of the original Judgment and Sentence, Mandate, and Order Setting Execution Date now on file on my office and entered on the Minutes of said Court.
HEREIN FAIL NOT, but due return make ofthis Warrant showing how you have executed the same.
Given under my hand and seal ofthe 203rd Judicial District Court ofDallas County, Texas, .J
Uufy
on this d day ofJ*nie, 2015.
THE STATE OF TEXAS COUNTY OF DALLAS
I, Felicia Pitre, District Clerk cf
km^A^v^ Is ato© ar:d correct
cop-j FELICIA PITRE, DISTRICT CLERK % Witness; office, ftuC v WARRANT OF EXECUTION
Escamilla.wex
CLERK'S CERTIFICATE
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
I, FELICIA PITRE, CLERK OF THE DISTRICT COURTS WITHIN AND FOR THE STATE AND COUNTY AFORESAID, DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING IS A TRUE AND CORRECT COPY OF THE WARRANT OF EXECUTION IN CAUSE NO. F01-59398-P, ENTITLED THE STATE OF TEXAS V. LICHO ESCAMILLA, AS THE SAME APPEARS ON RECORD IN VOL.
//$>/ PAGE
, NOW ON FILE IN MY OFFICE. GIVEN UNDER MY HAND AND SEAL OF OFFICE IN DALLAS COUNTY, TEXAS, Duly . tel $ DAY OFJtfNE, 2015
THIS
rd no* FELICIA PITRE, DISTRICT CLERK CLERK'S CERTIFICATE - Page Solo
SHERIFFS RETURN The above and foregoing Warrant came to hand on the day ofJune A.D. 2015, and immediately upon receipt, said Warrant was taken to the Texas Department of Criminal Justice, Institutional Division, at Huntsville, Texas, and delivered into the hands of the Director of the Texas Department of Criminal Justice, Institutional Division, and from the said Director a receipt was taken for the said Warrant as follows:
"Received from the Sheriff of Dallas County, Texas, a Warrant for the execution of the Death Sentence to be executed upon Licho Escamilla in Cause No. FOl-59398-P, in the 203rd Judicial District Court of Dallas County, Texas."
Date Signed:
Director
Texas Department of Criminal Justice Institutional Division Huntsville, Texas
which said receipt I now return to the office of the Clerk of the 203rd Judicial District Court ofDallas County, Texas, this day of , A.D. 2015.
SHERIFF
SHERIFF'S RETURN - Solo Page
f
LpCoofizG SHERIFF'S RETURN
The above and foregoing Warrant came to hand on the day ofJune A.D. 2015, and immediately upon receipt, said Warrant was taken tothe Texas Department ofCriminal Justice, Institutional Division, at Huntsville, Texas, and delivered into the hands of the Director of the Texas Department of Criminal Justice, Institutional Division, and from the said Director a receipt was taken for the said Warrant as follows:
"Received from the Sheriff of Dallas County, Texas, a Warrant for the execution of the Death Sentence to be executed upon Licho Escamilla in Cause No. FOl-59398-P, inthe 203rd Judicial District Court ofDallas County, Texas."
'/}c/,<fyL Date Signed:(0^0^Ofe)
Director
Texas Department of Criminal Justice Institutional Division Huntsville, Texas
which said receipt I now return to the office of the Clerk of the 203rd Judicial District Court ofDallas County, Texas, this / 7 '
day of c j U/ \/ , A.D. 2015.
SHERIFF SHERIFF'S RETURN - Solo Paae RECEIVED IN
COURT OF CRIMINAL APPEALS JUL 24 2015 *14 THE STATE OF TEXAS § §
COUNTY OF DALLAS §
WARRANT OF EXECUTION TO THE HONORABLE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, HUNTSVILLE, TEXAS -- GREETINGS:
WHEREAS, therewas presented intoCourtan indictment, charging LichoEscamilla withthe offense of capital murder; and
WHEREAS, in the 203rd Judicial District Court ofDallas County, Texas, Licho Escamilla was duly and legally convicted by a jury of the crime of capital murder upon said indictment and sentenced todeath; and theCourt having pronounced sentence in thepresence of thedefendant and his attorneys, asfully appears inthe Judgment and Sentence ofsaid Court entered upon the Minutes of the said Court, as follows, to-wit;
JUDGMENT AND SENTENCE ATTACHED WARRANT OF EXECUTION
Escamilla.wex