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Jackson, Raul David
WR-73,697-06
| Tex. App. | Jun 8, 2015
|
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Case Information

*1

43,697-06,07,08

RAUL D. JACKSON #1367898 William R Boyd Jr Unit 200 Spur 113 Teague, Tx. 75860

Court of Criminal Appeals June 3, 2015 Louise Pearson, Clerk P.O. Box 12308

Austin, Tx. 78711 RE: EX PARTE RAUL DAVID JACKSON, Writ No. WR-73,697-06, WR-73,697-07, WR-73,697-08, WR-73,697-09

Dear Clerk, Enclosed please find Applicant's Supplemental Appendix to Brief in Support of Application for Writ of Habeas Corpus to be included in the record in the above-referenced cause numbers.

In an Order issued by the Court on May 20, 2015, the Court requested the original plea papers be sent from the trial court. I did, however, make this request to the trial court clerk at the time of filing that these papers and others be included in the habeas record, and the clerk failed to comply with my request. I have included only the papers that I referenced in my application and brief. Including the Notice of Dispositions that I believe that the trial court clerk may not send and are relevant to my claims for relief.

Please bring this information to the attention of the Court. Thank you.

RECEIVED IN COURT OF CRIMINAL APPEALS JUN 082015

*2 WRIT NO. WR-73,697-06, WR-73,697-07, WR-73,697-08, WR-73,697-09

EX PARTE RAUL DAVID JACKSON

SUPPLEMENTAL APPENDIX TO BRIEF IN SUPPORT OF APPLICATION FOR WRIT OF HABEAS CORPUS

*3

TABLE OF CONTENTS

CERTIFICATE OF AUTHENTICITY EXHIBIT 1 - Trial No. F-0554511 Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheets / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 2 - Trial No. F-0555473 Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 3 - Trial No. F50556279 Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 4 - Trial No. F-0557397 Original Indictment / Original Plea Agreement / Judicial Confession / Docket Sheet / Certification of Defendant's Right to Appeal / Notice of Disposition dated 12/06/05 / Notice of Disposition dated 12/13/05 / Judgment, Certificate of Thumbprint / Motion to Dismiss Prosecution. EXHIBIT 5 - Deadly Weapon Allegation No. F-0554511 only

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CERTIFICATE OF AUTHENTICITY

I, Raul David Jackson, Applicant pro se, do certify and declare under penalty of perjury that the documents contained in this Supplemental Appendix to Brief in Support of Application for Writ of Habeas Corpus are true and correct copies of originals as provided to Applicant by the Dallas County District Clerk.

EXECUTED this 3rd day of June, 2015

*5

EXHIBIT I

EXHIBIT I

CAUSE NO. F-0554511

*6 | Name | Location | Location | Date | |-------------------------------|-------------------------------|-------------------------------|-------| | DARGE POSS CS INT DEL 400G/2NI | | | | | | AKA: | | | | | | ADDRESS 4814 Parry B. Dallas, Tx | | | LOCATION 1000 | | | FILING AGENCY TXDPD0000 DATE FILED July 14, 2005 | | | COURT 1000 | | | COMPLAINANT McKinney, V | | | F-0554511 | VTE: | | C/C | Francisco Trevino: | | | | | | Jacqueline Trevino | | | |

TRUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County, State of Texas, duly organized at the _ _ _ July _ _ _ Term, A.D., _ _ _ of the _ _ _ Criminal District Court 5 _ _ _ , Dallas County, in said Court at said Term, do present that one _ _ _ JACKSON, RAUL DAVID , _ _ _ , Defendant, On or about the _ _ _ & the _ _ _ __ & the County of Dallas and said State, did unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more, And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction, against the peace and dignity of the State.

*7

PLEA AGREEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the following agreement:

Defendant's plea:

[ ] Defendant will testify. Plea to enhancement paragraph(s): Type of plea: Open as to: [ ] Deferred Adjudication [ ] Other:

State's recommendation:

Agreed sentence: [ { Confinement in (penitentiary) state jailieomajail] for (years) (monthe) (days). [ ] Post-conviction community supervision, confinement probated for (years) (months) (days). [ ] Deferred community supervision for (years) (months) (days). [ Fine of $ ∃ , ∘ ⊇ [ ] To be paid. [ ] To be probated. [ ] Boot Camp [ ] Shock Probation [ ] Substance Abuse Felony Program [ ] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program [ ] Restitution in the amount of $ . [ ] Back-time NOT included. [ ] Back-time included [ ] Defendant will sign waiver of extradition. [ ] Defendant knowingly and voluntarily waives appeal. [ Other: coadition all backtust all soctures to an Oupourenty.

[ ] CHANGE OF NAME (Applicable only if box is checked)

The defendant having suggested that his/her true name is other than that set forth in the charging instrument, and having moved that the charging instrument and all other documents in this cause be amended to show his/her true name to be , said motion is hereby granted. It is so ordered.

COURT'S ADMONITIONS TO DEFENDANT

You are charged with the offense of: P c ′ S ∀ A ( ) η The punishment range for the offense charged is: [ 1 st Degree Felony, 5 - 99 years or Life and an optional fine not to exceed $ 10 , 000.00 . [ ] 2 nd Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] 3 rd Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $ 10 , 000.00 . [ ] You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. The prosecuting attorney's recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion filed and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may, and under current Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization. If you have a court-appointed attorney, you have a right to ten days from the date of the attorney's appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no appeal may be taken from the Court's decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court's Admonition to Sex Offenders, which is incorporated by reference and attached hereto.]

DEFENDANT'S STATEMENTS AND WAIVERS

With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the charging instrument and am mentally competent. I understand the nature of the accusation made against me, the range

*8

I hereby waive my right to b . .ed on an indictment returned by a grand ; any and all defects, errors, or irregularities, whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain silent. I waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed); and the preparation of a pre-sentence report. I consent to the oral or written stipulation of evidence or testimony, to the introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. I admit and judicially confess that I committed the offense of P C S H O on on exactly as alleged in the charging instrument. I affirm that my plea and judicial ohnfession are freely and voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that I will be required to register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under Court's Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I be charged with a violation of my community supervision and be arrested in another state, I have the right to require the issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed, and the right to apply for a writ of habeas corpus to contest my arrest and return to this State. [ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such waiver is irrevocable. [ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State's recommendation as to sentencing, then, after consulting with my attorney, I do expressly, voluntarily, knowingly, and intelligently give up and waive my right to any appeal.

DEFENDANT'S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)

I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are contained in the charging instrument, and judicially confess that I am the same person who was previously duly and legally convicted of the offense(s) alleged therein.

SIGNATURES AND ACKNOWLEDGMENTS

I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are knowingly, freely, and voluntarily made with full understanding of the consequences. I request that the Court accept all my waivers, statements, agreements, and my plea.

I have consulted with the defendant, whom I believe to be competent, concerning the plea in this case and have advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant herein and ask the Court to accept them and the defendant's plea.

As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations in this instrument.

Date

It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, and that the parties have consented to and approved the waiver of jury trial and stipulations of evidence, the Court finds the yaivers, agreements, and plea to have been knowingly, freely, and voluntarily made, approves the waivers and agreements, accepts the defendant's plea, approves the stipulation of testimony, and approves the change of parge contained herein (if applicable).

*9

JUDICIAL CONFESSION

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived my Federal and State constitutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:

On the 8 th day of July A.D., 2005 , in Dallas County, Texas, I did unlawfully, unlawfully and knowingly possess with intent to deliver a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 400 grams or more,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the indictment in this cause.

SWORN TO AND SUBSCRIBED before me on the JIM HAMLIN, CLERK DISTRICT COURTS OF DALLAS COUNTY, TEXAS

APPROVED BY:

Assistant District Attorney

JIM HAMLIN, CLERK DISTRICT COURTS OF DALLAS COUNTY, TEXAS

*10 | | | | TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS | | --- | --- | --- | | BAIL STATUS: | JAIL | No. P D 2 = 38 | | STATE OF TEXAS | | ATTORNEYS | | RAIL, DAYID JACKSON | | UNLARYUL POSSESSION WITH INTENT TO DELIVER A CONFERCILED SUBSTANCE, TO-KITI, COGAINE AS CHARGEO IN THE INDICTMENT//ADDO/2ND | | DATE OF ORDER | | OR: thronax dentate | | | | tracoloni tracas | | ORDEKS OF COURT | | | | 83105 | thronum dentate dentate dentate | | | 83105 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | | | 83305 | dentate dentate | |

*11

*12

Cause No. O S − S 4 S / I

THE STATE OF TEXAS VS.

IN THE
DISTRICT COURT
DALLAS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL a

I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] is a plea-bargain case, and the defendant has NO right of appeal, [or]

Date Signed I have received a copy of this certification:

Defendant (if not represented by counsel) Mailing Address:

Telephone #: Fax # (if any)

Defendant's Counsel State Bar No.: 04952497 Mailing Address: 1401 E / m # 3310 Telephone #: Da 1 / 1 a 37 x 7 / 202

*13

*14

*15 JUDGMENT CERTIFICATE OF THUMBPRINT

CAUSE NO. £ 05 − 54511

THE STATE OF TEXAS VS. ABH L. TACKSON

IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

RIGHT THUME* Defendant's hand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVENAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.

DONE IN COURT THIS 13 DAY OF DOLLANDO, 20.05.

E F L L L L L L L L L L L L L L L L L L L L EAILIFF/DEPUTY SHERIFF

*Indicate here if print other than defendant's right thumbprint is placed in box:

| | left thumbprint | | | left/right index finger | | :-- | :-- | :-- | :-- | :-- | | | other, | | | |

*16

The State of Texas,

| No. F05-54511-K | vs. | 8 | In The Criminal | | :--: | :--: | :--: | :--: | | | | 8 | District Court Four | | | | 8 | | | | | 8 | Of Dallas County, Texas | | | | 8 | | | Raul David Jackson | | 8 | April Term, A.D., 2006 | | PID 400G | | | |

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00445-K.

Wherefore Premises Considered, the State respectfully requests that this case be dismissed.

To read on Motion of Dist. Atty. 8. Stit

*17 EXHIBIT 2

CAUSE NO. F-0555473

*18

TRUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County, State of Texas, duly organized at the July Term, A.D., 2005 of the

Criminal District Court 5 , Dallas County, in said Court at said

Term, do present that one JACKSON, RAUL , Defendant, On or about the 11 th day of May A.D., 2005 in the County of Dallas and said State, did unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 1 gram or more but less than 4 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction, against the peace and dignity of the State.

*19

PLEA AGREEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

The defendant herein and the attorneys for both the defendant and the State waive a jury trial and make the following agreement:

Defendant's plea:

[ ] Defendant will testify. Plea to enhancement paragraph(s): Type of plea: Open as to: [ ] Deferred Adjudication [ ] Other: State's recommendation: Agreed sentence: [ ] Confinement in (penitentiary)(state-jailieomestail) for [ ] Post-conviction community supervision, confinement probated for (years) (months) (days). [ ] Deferred community supervision for (years) (months) (days). [ ] Fine of $ [ ] To be paid. [ ] To be probated. [ ] Boot Camp [ ] Shock Probation [ ] Substance Abuse Felony Program [ ] Judicial Drug Treatment Center [ ] CENIKOR [ ] Dallas County Jail Chemical Dependency Program [ ] Restitution in the amount of $ [ ] Back-time NOT included. [ ] Back-time included [ ] Defendant will sign waiver of extradition. [ ] Defendant knowingly and voluntarily waives appeal. ✓ Other: creed: + for all backtime, all seafreer to pass consummally.

[ ] CHANGE OF NAME (Applicable only if box is checked)

The defendant having suggested that his/her true name is other than that set forth in the charging instrument, and having moved that the charging instrument and all other documents in this cause be amended to show his/her true name to be , said motion is hereby granted. It is so ordered.

COURT'S ADMONITIONS TO DEFENDANT

You are charged with the offense of: A ~ 44 The perishment range for the offense charged is: J ~ 44 [ 1 st Degree Felony, 5 - 99 years or Life and an optional fine not to exceed $ 10 , 000.00 . [ ] 2 nd Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] 3 rd Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $ 10 , 000.00 . [ ] You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. The prosecuting attorney's recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion filed and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may, and under current Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization. If you have a court-appointed attorney, you have a right to ten days from the date of the attorney's appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no appeal may be taken from the Court's decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court's Admonition to Sex Offenders, which is incorporated by reference and attached hereto.]

DEFENDANT'S STATEMENTS AND WAIVERS

With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the charging instrument and am mentally competent. I understand the nature of the accusation made against me, the range

*20 I hereby waive my right to 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 .

*21

JUDICIAL CONFESSION

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived my Federal and State constitutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:

On the 11 th day of May A.D., 2005 , in Dallas County, Texas, I did unlawfully, unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 1 gram or more but less than 4 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the indictment in this cause.

SWORN TO AND SUBSCRIBED before me on the

APPROVED BY:

Assistant District Attorney

JIM HAMLIN, CLERK DISTRICT COURTS OF DALLAS COURT, TEXAS By

*22 | | | | TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS | | --- | --- | --- | | BAIL STATUS: | JAIL | No. | | | | POS-5547 | | STATE OF TEXAS | ATTORNEYS | OFFENSE | | | | DAT | | BAIL JACKSON | | MPTUL DELIVERY OF A CONTROLLED SUBTANCE, A 28D DEGREE PELONY OFFENSE AS CHARGED IN THE INDICTMENT/16/28D | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*23

Cause No. O S − S S 473

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] is a plea-bargain case, and the defendant has NO right of appeal, [or]

I have received a copy of this certification:

Defendant (if not represented by counsel) Mailing Address:

Telephone #: Fax # (if any)

Defendant's Couttsel State Bar No.: 0445447 Mailing Address: 1401 EIm # 3310 Telephone #: Dallas TX 75202 Fax # (if any): 214220 − 31 / 1 *A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case --- that is, a case in which a defendant's plea was guilty or nolo contenderc and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant --- a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE $ 5.2 ( a ) ( 2 ) .

*24

*25

*26

JUDGMENT
CERTIFICATE OF THUMBPRINT

CAUSE NO. F05-53473

THE STATE OF TEXAS VS. RAGL JACKSON

IN THE DISTRICT COURT 44

DALLAS COUNTY, TEXAS

RIGHT THUME* Defendant's hand

THIS IS TO CERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVENAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE. DONE IN COURT THIS 13 DAY OF $00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000

*27

The State of Texas,

| No. F05-55473-K | vs. | § | In The Criminal | | :--: | :--: | :--: | :--: | | | | § | District Court Four | | | | § | | | | | § | Of Dallas County, Texas | | | | § | | | | | § | April Term, A.D., 2006 | | RAUL David JACKSON DEL CS G ― | | | |

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00448-K.

Wherefore Premises Considered, the State respectfully requests that this case be dismissed.

*28 EXHIBIT 3

CAUSE NO. F-0556279

*29

TRUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County, State of Texas, duly organized at the July Term, A.D., 2005 of the 195th Judicial District Court , Dallas County, in said Court at said

Term, do present that one JACKSON, RAUL DAVID , Defendant, On or about the 5 th day of July A.D., 2005 in the County of Dallas and said State, did unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction, against the peace and dignity of the State.

*30

[ ] CHANGE OF NAME (Applicable only if box is checked)

The defendant having suggested that his/her true name is other than that set forth in the charging instrument, and having moved that the charging instrument and all other documents in this cause be amended to show his/her true name to be , said motion is hereby granted. It is so ordered.

COURT'S ADMONITIONS TO DEFENDANT

You are charged with the offense of: D C S 4 − 280 · 4 The punishment range for the offense charged is: J [ ✓ ] st Degree Felony, 5 - 99 years or Life and an optional fine not to exceed $ 10 , 000.00 . [ ] 2 nd Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] 3 rd Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $ 10 , 000.00 . [ ] ,

You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. The prosecuting attorney's recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion filed;and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may, and under current Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization. If you have a court-appointed attorney, you have a right to ten days from the date of the attorney's appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no appeal may be taken from the Court's decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court's Admonition to Sex Offenders, which is incorporated by reference and attached hereto.]

DEFENDANT'S STATEMENTS AND WAIVERS

With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the charging instrument and am mentally competent. I understand the nature of the accusation made against me, the range

*31

I hereby waive my right to b. .ed on an indictment returned by a grand ; any and all defects, errors, or irregularities, whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain silent. I waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed); and the preparation of a pre-sentence report. I consent to the oral or written stipulation of evidence or testimony, to the introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence. - I admit and judicially confess that I committed the offense of D C C d 3 - 360 o on exactly as alleged in the charging instrument. I affirm that my plea and judicial confession are freely and voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that I will be required to register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under Court's Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I be charged with a violation of my community supervision and be arrested in another state, I have the right to require the issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed, and the right to apply for a writ of habeas corpus to contest my arrest and return to this State. [V] I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such waiver is irrevocable. [ ✓ ] I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State's recommendation as to sentencing, then, after consulting with my attorney, I do expressly, voluntarily, knowingly, and intelligently give up and waive my right to any appeal.

NDEPENDANT'S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)

I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are cbntained in the charging instrument, and judicially confess that I am the same person who was previously duly and legally convicted of the offense(s) alleged therein.

SIGNATURES AND ACKNOWLEDGMENTS

I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are knowingly, freely, and voluntarily made with full understanding of the consequences. I request that the Court accept all my waivers, statements, agreements, and my plea.

I have consulted with the defendant, whom I believe to be competent, concerning the plea in this case and have advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant herein and ask the Court to accept them and the defendant's plea.

As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations in this instrument.

It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, and that all the parties have consented to and approved the waiver of jury trial and stipulations of evidence, the Court finds the waivers, agreements, and plea to have been knowingly, freely, and voluntarily made, approves the waivers and agreements, accepts the defendant's plea, approves the stipulation of testimony, and approves the change of name contained herein (if applicable).

*32

JUDICIAL CONFESSION

Cometion, and the

unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a feiony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the indictment in this cause.

SWORN TO AND SUBSCRIBED before me on the dary of

*33 | | | TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS | | --- | --- | --- | | BAIL STATUS: | JAIL | No. F03-5627 | | STATE OF TEXAS | ATTORNEYS | OFFENSE | | RAUL DAVID JACKSON | | AAPUL DELIVERY OF A CONTROLLED SUPPANCES, WIT'S: COCAINE, A 1ST DEGREE FOURY OFFENSE AS DRAKDED IN THE LIBRATIONARY/40/28D | | DATE OF ORDER | 10-105, 1994 | ORDERS OF COURT | | OCT 1 192005 | 12-05-1994 | | | NOT 8 2009 | 12-105, 2009 | | | 11/245 | 1994 | | | 12305 | 1994 | | | Jury waived. Defendant arraigned. Defendant warned. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

*34

Cause No. D S − 56279 − K

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL a

I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] is a-plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.

Date Signed I have received a copy of this certification:

Defendant (if not represented by counsel) Mailing Address:

Telephone #: Fax # (if any)

Defendant's Counsel State Bar No.: D445649 Mailing Address: 1401 EIn 43310 Telephone #: DaIIas, 177122 Fax # (if any): 214 220-7///

*35

*36

*37 IN THE DISTRICT COURT DALLAS COUNTY, TEXAS

RIGHT THUMB* Defendant's 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 13 DAY OF BeLambe, 20.65.

*Indicate here if print other than defendant's right thumbprint is placed in box:

| | left thumbprint | | | left/right index finger | | :--: | :--: | :--: | :--: | :--: | | | other, | | | |

*38

The State of Texas,

| No. F05-56279-K | vs. | 8 | In The Criminal | | :--: | :--: | :--: | :--: | | | | 8 | District Court Four | | | | 8 | | | | | 8 | Of Dallas County, Texas | | | | 8 | | | RAUL David Jackson DEL CS 4G | | 8 | April Term, A.D., 2006 |

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00453-K.

Wherefore Premises Considered, the State respectfully requests that this case be dismissed.

*39 EXHIBIT 4

CAUSE NO. F-0557397

*40

TRUE BILL INDICTMENT

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Dallas County, State of Texas, duly organized at the October Term, A.D., 2005 of the

Criminal District Court 3 , Dallas County, in said Court at said

Term, do present that one JACKSON, RAUL , Defendant, On or about the 20 th day of June A.D., 2005 in the County of Dallas and said State, did unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

*41

COURT'S ADMONITIONS TO DEFENDANT

You are charged with the offense of: D Y S 49 The sinishment range for the offense charged is: [ ✓ ] st Degree Felony, 15 - 99 years or Life and an optional fine not to exceed $ 10 , 000.00 . [ ] 2 nd Degree Felony, 2 - 20 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] 3 rd Degree Felony, 2 - 10 years confinement and an optional fine not to exceed $ 10 , 000.00 . [ ] State Jail Felony, 180 days - 2 years State Jail and an optional fine not to exceed $ 10 , 000.00 . [ ] .

You have an absolute right to a jury trial, to confront and cross-examine the witnesses against you, and to call witnesses in your own behalf. You have a right to testify, but you cannot be compelled to do so. The prosecuting attorney's recommendation as to punishment is not binding on the Court. You will be permitted to withdraw your plea if the Court rejects any plea bargain made in this case. If the punishment assessed by the Court is not greater than that which you have plea-bargained, you may not appeal on any matter in the case unless the Court grants permission for the appeal or the matters appealed were raised by written motion filed and ruled on before the plea. If you enter a plea of guilty or nolo contendere and there is no plea bargain, the court may assess your punishment anywhere within the range allowed by law. If you are not a citizen of the United States, a plea of guilty or nolo contendere may, and under current Federal Immigration rules is almost certain to, result in your deportation, exclusion from admission to the United States, or denial of naturalization. If you have a court-appointed attorney, you have a right to ten days from the date of the attorney's appointment to prepare for trial. You have the right to be tried on an indictment returned by a Grand Jury, and, unless you are on bond, a right to two entire days after being served with a copy of the charging instrument before being arraigned. If you receive unadjudicated community supervision and violate its conditions, you may be arrested and subjected to a hearing limited to determining whether or not guilt should be adjudicated. If guilt is adjudicated, no appeal may be taken from the Court's decision, and the full range of punishment is open to the Court. All proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and an appeal, then continue as if the adjudication of guilt had not been deferred. [In sex offense cases, see Court's Admonition to Sex Offenders, which is incorporated by reference and attached hereto.]

DEFENDANT'S STATEMENTS AND WAIVERS

With the approval of counsel, defendant makes the following statements and waivers. I am the accused in the obscene instrument and am mentally competent. I understand the nature of the accusation made against me, the range

*42

I hereby waive my right to b − ied on an indictment returned by a grand ~ ; any and all defects, errors, or irregularities, whether of form or substance, in the charging instrument; my right to a jury trial; and my right to remain silent. I waive arraignment and reading of the charging instrument; the appearance, confrontation, and cross-examination of witnesses; my right to ten days to prepare for trial after the appointment of counsel (if counsel has been appointed); and the preparation of a pre-sentence report. I consent to the oral or written stipulation of evidence or testimony, to the introduction of testimony by affidavits or written statements of witnesses, and to all other documentary evidence.

I admit and judicially confess that I committed the offense of D C 5 4 0 − 2 × 0 0 on exactly as alleged in the charging instrument. I affirm that my plea and judicial confession are freely and voluntarily made, and not influenced by any consideration of fear, persuasion, or delusive hope of pardon or parole.

I understand the admonitions regarding unadjudicated community supervision, and that I will be required to register as a sex offender if convicted of, or placed on community supervision for, one of the offenses enumerated under Court's Admonition to Sex Offenders, attached hereto. I understand that under the Uniform Extradition Act, should I be charged with a violation of my community supervision and be arrested in another state, I have the right to require the issuance and service of a warrant of extradition, the right to hire legal counsel, or, if indigent, to have counsel appointed, and the right to apply for a writ of habeas corpus to contest my arrest and return to this State. [ I voluntarily and knowingly waive my rights under the Extradition Act, waive extradition, and waive my right to contest my return to the State of Texas from any jurisdiction where I may be found. I understand and agree that such waiver is irrevocable. [ I understand that I have a right to appeal to the Court of Appeals. If the trial court follows the terms of the State's recommendation as to sentencing, then, after consulting with my attorney, I do expressly, voluntarily, knowingly, and intelligently give up and waive my right to any appeal.

II) DEFENDANT'S PLEA TO ENHANCEMENT PARAGRAPH(S) (Applicable only if box is checked)

I, the defendant, plead true to the (second), (third), (second and third) enhancement paragraph(s) which is/are contained in the charging instrument, and judicially confess that I am the same person who was previously duly and legally convicted of the offense(s) alleged therein.

SIGNATURES AND ACKNOWLEDGMENTS

I, the defendant herein, acknowledge that my attorney has explained to me, and I have read and I understand, all the foregoing admonitions and warnings regarding my rights and my plea, and that my statements and waivers are knowingly, freely, and voluntarily made with full understandirg of the consequences. I request that the Court accept all my waivers, statements, agreements, and my plea.

I have consulted with the defendant, whom I believe to be competent, concerning the plea in this case and have advised the defendant of his/her rights. I approve and agree to all waivers, statements, and agreements of the defendant herein and ask the Court to accept them and the defendant's plea

As attorney for the State, I hereby consent to and approve the requests, waivers, agreements, and stipulations in this instrument.

It appearing to the Court that the defendant is mentally competent and is represented by counsel, that the defendant understands the nature and consequences of the charge, and that all the parties have consented to and approved the waiver of jury trial and stipulations of evidence, the Court finds the waivers, agreements, and plea to have been knowingly, freely, and voluntarily made, approves the waivers and agreements, accepts the defendant's plea, approves the stipulation of testimony, and approves the change of name contained herein (if applicable).

*43

JUDICIAL CONFESSION

Comes now Defendant in the above cause, in writing and in open Court, and consents to the stipulation of the evidence in this case and in so doing expressly waives the appearance, confrontation and cross-examination of witnesses. I further consent to the introduction of this Judicial Confession, and testimony orally, by affidavits, written statements of witnesses and other documentary evidence. Accordingly, having waived my Federal and State constitutional right against self-incrimination, and after having been sworn, upon oath, I judicially confess to the following facts and agree and stipulate that these facts are true and correct and constitute the evidence in this case:

On the 20 th day of June A.D., 2005 , in Dallas County, Texas, I did unlawfully, unlawfully and knowingly deliver, to-wit: actually transfer, constructively transfer and offer to sell a controlled substance, to-wit: COCAINE, in an amount by aggregate weight, including any adulterants or dilutants, of 4 grams or more but less than 200 grams to V. MCKINNEY,

And it is further presented to said Court that prior to the commission of the aforesaid offense, the said defendant was convicted of a felony offense of POSSESSION OF A CONTROLLED SUBSTANCE, on the 10TH day of NOVEMBER, 1989, A.D., in Cause Number F89-A4573-S on the docket of 282ND JUDICIAL DISTRICT COURT, of DALLAS County, Texas under the name of RAUL DAVID JACKSON and said conviction was a final conviction,

I further judicially confess that I committed the offense with which I stand charged exactly as alleged in the indictment in this cause.

SWORN TO AND SUBSCRIBED before me on the

APPROVED BY:

JIM HAMLIN, CLERK DISTRICT COURTS OF DALLAS COUNTY, SEXAS

Defendant's agreement to stipulate and waiver of confrontation and cross-examination of witnesses with anin affi things approved by the Court. The above Judicial Confession is hereby approved by the

*44 | | | TRIAL DOCKET - CRIMINAL DISTRICT COURT - DALLAS COUNTY, TEXAS | | --- | --- | --- | | BAIL STATUS | JAIL | No. PD5-57397 | | STATE OF TEXAS | ATTORNEYS | OFFENSE | | RADI. JACKSON | | UNLAMYUL DELIVERY OF A CONTROLLED SURTANCE, TO-STY. CHOLINE | | | | FELONY OFFENSE AS CHARGEO IN THE INDICTMENT/46/2ND | | DATE OF ORDER | | ORDERS OF COURT | | NOV 8 2005 | | NOVEMBER 12 | | | | Jury waived. Defendant arraigned. Defendant warned. | | | | Plea of guilty before Court. Found guilty of | | | | and that Defendant committed said offegae on the 25th of May of 12 | | | | | the Texas Department of Corrections. Defendant sentenced. | | | | Back time allowed. 5 fable | | | 5 fable June 2005 | | | | | CR: 5 fable | | | | | | | | SENGROND PROTEEDS | | | | |

*45

Cause No. O S − 57397

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*

I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] is a plea-bargain case, and the defendant has NO right of appeal, [or]

Date Signed I have received a copy of this certification:

Defendant (if not represented by counsel) Mailing Address: Telephone #: Fax # (if any)

Defendant's Counsel State Bar No.: 0446497 Mailing Address: 1401 Elm # 3310 Telephone #: Da/las 72 75202 214 220 - 3111

  • A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case -... that is, a case in which a defendant's plea was guilty or nolo contenderc and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant -... a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE $ 5.2 ( a ) ( 2 ) .

*46

*47

*48 THE STATE OF TEXAS VS. RALL JACKSON

IN THE DISTRICT COURT

DALLAS COUNTY, TEXAS

RIGHT THUMB*

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 13 DAY OF 20thm802, 20.25.

*Indicate here if print other than defendant's right thumbprint is placed in box:

| | left thumbprint | | | left/right index finger | | :--: | :--: | :--: | :--: | :--: | | | other, | | | |

*49

The State of Texas,

| No. F05-57397-K | vs. | § | In The Criminal | | :--: | :--: | :--: | :--: | | | | § | District Court Four | | | | § | | | | | § | Of Dallas County, Texas | | | | § | | | Raul David Jackson DEL CS 4G | | § | April Term, A.D., 2006 |

Now comes the District Attorney of Dallas County, Texas and asks the Court to dismiss the above entitled and numbered cause, for the following reasons, to-wit:

The above case has been reindicted as Cause Number F06-00450-K.

Wherefore Premises Considered, the State respectfully requests that this case be dismissed.

Yised on Motion of Dist. Affy. Vd-Ce ― S18A

*50

EXHIBIT 5

DEADLY WEAPON ALLEGATION

*51 THE STATE OF TEXAS VS.

RAUL DAVID JACKSON

IN THE CRIMINAL DISTRICT COURT FOUR OF DALLAS COUNTY, TEXAS

NOTICE OF THE STATE'S SPECIAL PLEA OF USE OR EXHIBITION OF A DEADLY WEAPON

COMES NOW THE STATE OF TEXAS by and through her Criminal District Attorney giving the defendant the following notice of the State's intention to submit a special plea in this cause:

The State intends to seek a deadly weapon finding pursuant to TEX. CODE CRIM. PROC. ANN. art. 42.12 § 3g(a)(2). The evidence will show that the defendant used or exhibited a deadly weapon, to-wit: a FIREARM during the commission of said offense or during immediate flight therefrom.

The State would show that said special plea does not charge the defendant with an additional or different offense, nor does it prejudice the substantial rights of the defendant.

Respectfully submitted,

Katherine Sica SBCN 24041912 Assistant District Attorney Dallas County, Texas

CERTIFICATE OF SERVICE

I hereby certify that on the day of day of the foregoing NOTICE OF THE STATE'S SPECIAL PLEA was the attorney of record for the Defendant, Bill Cox.

Respectfully submitted,

Katherine Sica Assistant District Attorney Dallas County, Texas

NOTES

* A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case - that is, a case in which a defendant's plea was guilty or nolo contenderc and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE $ 5.2 ( a ) ( 2 ) .

*A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case --- that is, a case in which a defendant's plea was guilty or nolo contenderc and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant --- a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE 5.2 (a)(2).

Case Details

Case Name: Jackson, Raul David
Court Name: Court of Appeals of Texas
Date Published: Jun 8, 2015
Docket Number: WR-73,697-06
Court Abbreviation: Tex. App.
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