Case Information
*1 May 8, 2015
Michael Davis #933173
Allred Unit
2101 FM 369 North
Iowa Park, TX 76367-6568
Clerk
Texas Court of Criminal Appeals
P.O. Box 12308, Capitol Station
Austin, TX 78711
Dear Clerk:
Enclosed for filing is my "Applicant's Application For Writ of Manaqmus." · Please file it with the Court in the normal course of business.
Thank you.
Respectfully,
M,,(J~
Movant pro se
RECEIVED \~! COIJ~T Of CRrtJ.Ii\V1 APPEALS MAY. 1 1.2C~S Ab~ ~~costa, Clerlt' *2 CAUSE NOS. 331288, 331289 & MICHAEL DAVIS, IN THE 228TH DISTRICT COURT §
Applicant § § ~
~-
HONORABLE MARC CARTER, §
Respondent HARRIS COUNTY, TEXAS §
APPLICANT'S APPLICATION FOR WRIT OF MANDAMUS TO THE HONORABLE COURT:
COMES NOW Michael Davis, applicant pro se in the above styled and numbered causes and files this Application For Writ of Mandamust pursuant to Texas Rules of Civil Procedure 'Rule 18(a) and Texas Rules of Appellate Procedure (50)(d), and would show this Court the following:
I. PARTIES Applicant Michael Davis #933173 is an offender incarcerated in the Texas Department of Criminal Justice James V. Allred Unit at 2101 FM 369 North, Iowa Park, Texas 76367-6568 in Wichita County, Texas.
Respondent is a state district judge.in the 228th District Court of Harris County whose address is Criminal Justice Center, 1201 Franklin St., 16th Floor, Houston, Texas 77002.
II. FACTS Applicant has exhausted his remedies and has no other adequate remedy at law.
The act sought to be co~pelled is ministerial, not discretionary. Applicant has filed several motions with respondent in which applicant sought an order compelling the Harris County District Clerk to sell applicant a copy of the written plea agreement executed in this case. The clerk has refused to sell applicant a copy of this written plea bargain agreement and respondent has refused t~ rule on applicant's motion.
The state has materially breached and continues to materially breach this plea bargain agreement by assigning applicant to the maximum security James V. Allred Unit rather than the minimum security Diagnostic Unit. (now known as the " Byrd Unit), to wit:
"In addition, [applicant] was guaranteed his sentence would be spent in the Diagnostic Unit of the Texas Department of Corrections •.• " (emphasis added). Janecka v. State, 823 S.W.2d 232,234 n.3 (Tex. Crim.App.l990).
Applicant is still serving this sentence; the clerk has refused to furnish or sell applicant a copy of this agreement and applicant's attorney stated that he does not have a copy. Applicant cannot establish his right to relief without a copy of this written plea bargain agreement, which was signed by the trial judge, District Attorney, several assistant district attorneys and others.
Applicant cannot appeal a non-ruling by respondent and seeks this Court's intervention in order to obtain such a ruling or other relief.
III. RELIEF REQUESTED Applicant respectfully requests this Court to order respondent to make a ruling on applicant's motion for access to the trial record or to take other action that would permit applicant to obtain a copy of the written plea bargain agreement executed in this case. Applic~nt also requests a suspension of the rules.
Respectfully submitted, Michael Davis #933173 Applicant pro se Allred Unit-2101 FM 369 North Iowa Park, TX 76367-6568 \ *4 CERTIFICATE OF SERVICE
I hereby certify that a true.and correct copy of my "Applicant's. Application For Writ of Mandamus" has been mailed, by first-class mail, postage the o·rtr day Of ;VI trt o prepaid, to the following on this t 2015: Honorable Judge Clerk 228th District Court Texas Court of Criminal Appeals Criminal Justice Center P.O. Box 12308, Capitol Station 1201 Franklin St., 16th Floor Austin, TX 78711 Houston, TX 77002 Movant pro se *5 EXHIBIT 1 ,.····
April 20, 2015
NichaaJ.. Dav:i.s #933173
Allred Unit
2101 Ff,1 369 North
!oiva Park, 'IX 76367-6568
LTudge 223th District COUJ:'t
Criminal .. :rustice Center
1201. Franklin St., 16th Floor
Houston, TX 77002
RE: CAUSE NOS. 331288, 331289 & 3315 ..
D!WIS V. S'I'A'l'E
Dear Jud::Je:
On or about f·1arch 20, 2015 I fih~d my "ll1ovant' s Motion For Acc~'!SS 1'o The Tr-ial l~•::corcl" Hith the Court. 'I'o dctte I have not received a copy of your decision.
vJould you J:.>lease hold a hearing on this motion and notify me of your decision?
•rhank you.
Respectfully,
(v1. J/c:e._' - -
*6 .. ,
EXHIBIT 2 '
..-.
March 20, 2015
Michael Davis #933173 CAUSE NOS. 331288, 331289 & Allred Unit
2101 FM 369 North DAVIS V. TEXAS Iowa Pat"lc, TX 76367
/ .
Judge
228th District Court
Criminal Justice Center
1201 Franklin St., 16th Floor
Houston, TX 77002
Dear Judge:
Enclosed for your decision is my "Movant's Motion For Access To The Trial Record."
Please notify me of your decision at your convenience.
Respectfully,
f'l-~~
Michael Davis
r1ovant pro se *7 .
EXHIBIT 3 .~ ~USE NOS. 331288, 331289 & § IN THE 228TH DISTRICT COURT MICHAEL D.ZWIS I Movant §
vs. § OF
THE STATE OF TEXAS § HARRIS COUNTY, TEXAS
Respondent § r-DVANT'S MOTION FOR ACCESS TO THE TRIAL RECORD 'lD THE HONORABLE COURT:
Movant Michael Davis, pro se files this motion and in support would ~how: r1ovant seeks access to the vJritten plea bargain executed in this case. Movant was convicted in the above cause numbers and executed a written plea bargain agreement with the State of Texas. This written plea bargairi agreement provided, in part, that movant would serve his entire sentence at the TDCJ Diagnostic Unit. Janecka v. State, 823 s.v1.2d 232,234 n.3 (Tex.Crim.App.l990} ("In addition, [movant] was suaranteed his sentence would be spent in the Diagnostic Unit cf the Texas Department of Corrections ••• ") (.emphasis added).
The state materially breached, and continues to materially breach this agree- ment by assigning movant to the Jan~s v. Allred Unit instead. Movant is still serving this sentence and needs a copy of the written plea bargain agreement in order to establish his right to relief.
The clerk has refused to sell movant a copy of the agreement and movant's attorney stated that he does not have a copy.
Wherefore, n~vant respectfully requests this ~ order the clerk to sell movant a copy of the agreement or provide him one at the clerk's expense.
Res~ubmitted, M .. ~icha~l Davis #933173 Movant pro se Allred Unit-2101 FM 369 North Iowa Park, TX 76367-6568 *8 \.
EXHIBIT 3 (Page. 2) \
CERTIFICATE OF SERVICE I hereby cettify that a true and correct copy of my "Movant [1] s Motion For Access To The Trial Hecord" has been mailE:d by first-class U.s. Mail, 'postage: :J-.(} 7"1'1 day of _.!,../VI_,t-;_1'-_<:!..._· _ 11 __ _ , 2015: pref)aid, to the follm..1ing on this the Judge
228th District Court
Crirr.inal Justice Center
1201 Franklin St., 16th Floor
Houston, TX 7700?.
Michael Davis