Case Information

*1

$WR-23,263-04$

Trial Court CAUSE NO. 10-12-13632-C $\frac{\text{DATE}1026-15}{\text{ELEIN WRIT FILE}}$ BY: CARE

William Walter Jobe V. THE STATE OF Texas

IN THE 359TH

OISTRICT COURT MONTEOMERY COUNTY

REFORMATION OF JUDGMENT RECENDED IN COURT OF CRININAL APPEALS OCT 232015

ADEMANDER, COURT

Defendant moves As TITLED and states in support: DISTRILT ATTORNEY ECHO COleMAN WROTE AND SUMmitted AND SIGNED "STATES MOTION To ADOPT PIEADINGS" JUDGE HAMILTON GRANTED 12-21-2010 IN THE MOTION of III Wherefore, premises considered, the state years that this motion to adopt be granted and all such motions and pleadings and Rulings thereon be adopted and INCORPORATED IN beha1d of the state in this CASE. INCORPORATED INDICTMENTS CASE NO. 08-08-07862-CE AND CASE NO. 10-12-13632-CE INCORPORATED: means: To combine to GeTheR into A WHEW. TRIAl DATE 1-3-2011 GRANTED AND Admitted INTO EVIDENCE "STATES MOTION TO ADOPT Pleading" MOTION II such Motions And Pleadings, The GRounds stated therefore and Rulings thereon are ESSENTIAL to the state IN ORDER to PEDSECUte THIS CASE.

*2 Two Prior's IN THE INDICTMENT'S SAN JACINTO COUNITY D. U. I. CASE No. 88-253 Discharged Dismissed "Criminal Action" Feb 27, 1991 Criminal Action MEANS C.C.P. ART. 27.01 IndictMENT OR INFORMATION. SO THEE IS NO INDICTMENT OF INFORMATION NO CHARGE, NO PIEA, NO CONVILTION. C.C.P. ART. 28.04

ACholic Beverage Code 106.041 (i) [IN 1988] PRESON UNDER 21 Years old Class C. MisdemeanOR. COUETS CHARGE JOBE FOR CLASS B MISdemeANOR JUBEE FONDd CHARGE "YOID" CHARGE WAS ONIY CLASS C MISdemeANOR. CHARGE DOES NOT CART SAH Time. 1989 Libeerty COUNITY IS Also A CLASS C MisdemeAR CHARGEO FOR CLASS B MisdemeANOR Also "YOID" AND Alegady Dismissed AND HAS SOMENNE ElSEAS FINDER PRINT. THE D.A. HAd TO HAVE THIS GUITY PIEA. I William WAltee JOBE DOES NOT HAVE A FELONY CHARGE TEXAS RULES OF APPLLLATE PEOLEdUeE 44.2 PEJESIBLE ERROE (a) William WAltee JOBE CASE A CONTRACTED ARRANGEMENT CASE NO. 08-08-07862-CR AII PARTIES ADREED to the TERMS OF the CONTRACt; When TRIAL JUBEE ACCEPTED the PIEA ADREEMENT The CONTRACT OF the PIEA ADREEMENT is bINDING ON All PARTIES. PIEA CONTRACT WAS FOR 5 YEARS PRObATION IF REYOKED Two Years T.D.C. AND JUBGE HANITON SIGNED THE CONTRACTED PIEA BARGAIN

*3 When a Plea of Guilty is enteeed in a state Criminal Trial several federal constitutional RIBHTS ARE INVOLVED Fith AMENDANT AND IHTh AMENDANT. Because a Plea-BARGAIN AGEeement is SOlEY BETWEEN The STATE AND The defENDANT. ONIY The STATE AND defENDANT MAY ATEE TEENS OF THE AGREEMENT The TRIAL COURT COMmits ERROR if IT UNIIATERALIY AddS UN- NEGOTIIATED TEENS to A Plea-BarGAIN AGEeement. MORE Y. STATE 295 S.W. 3d 329, 332. (TEX. (CIIM APP. 2009) Filed and Granted. MoTion and ORDER by Judge Hamilton ORDER TO ADOPT PIERdINGS Filed BY D.A. ECHO COLEMAN 12 - 17 - 2010 THES MOTION CONSOLIDATED These TWO INDEET- MENTS TO GETTER CASE NO. 08-08-07862-CR With CONTEACTED Plea 5 years PRObATION AND A GUIITY PLEA. AND The New ReINdICTMENT ID-12-13632-CR. This MOTION, ORDER TO ADOPT PLEADINGS. ENTERED A CONTEACTED PLEA ENTD TRIAL 1-3-2011 OF 5 years PRObATION. With OUT William JOBE IN The COURT ROOM. Code OF CRIMINAL PROCEDURE Article 26.13 (a) (1) (a) (1). ... ONIY ABMONIsh the DefENDANT OF: WAS ON GUITY PLEA ACCEPTED WAS THE 5 YEARS PRObATION CASE NO. 08-08-07862-CR A CONTEACTED PLEA. C.C.P. AET 26.13(4) DAY OF TRIAL 1-3-2011

WHEW JUDGE ACCEPTED MOTION, ORDER TO ADOPT PleADING C.C.P. AET. 26.13 (a) (2) . . . COURT

*4 Shall inform the defendant whether it will follow or reject the plea agreement in open court and before any finding on the plea should the court reject agreement, the defendant shall be permitted to with deaw the defendant's plea of Guilty or Nolo contender. William Watter JobE Trial JobE was never told there was a Guilty plea entered and accepted in the "Motion / Order To Adopt Pfendings" 1-3-2011 OR WAS JobE allowed To with deaw His plea, case No. 08-08-07862-CR. IN Sentencing Phase JudGE Said Have I ever interested a plea in Her Court Room JobE said For 5 years probation JudGE Hamilton said I accept that plea, then said I am going to Give you 40 years T.O.C. JudGE never did admonish William JobE for A plea entered for the 40 years T.O.C. only contacted plea Got admonished for was the 5 years probation. 11-18-2011 Appeals court sent ME William JobE Back To The County Court, Because of Guilty plea and Scott PAGAN did Not File Direct Appeal. JudGE Hamilton Geanted JobE Motion for New Trist and Conflict of Interest Because Scott PAGAN did not File Insective Assistance of Counsel on Michael Geibow and set Motion for New Trial 11-23-2011. I William JobE complained in 11-30-11. Filed Motion for New Trial and IN Hearin 6/1-18-11

*5 About Guilty PleA. II-21-2011 FindinG OF FAct and Conclusions of LAW SIGNed BY JudGE Hamilton. When JudGE Hamilton Removed The CONTEACTed PleA DFF of The Docket Sheet ANd Hand Wrote Docket Sheet. She Also With dRAW The 40 T.OL. EX Parte Me Junkins 954 S.W. 2 d 39 (TEx. Caim. APR 199) When A defendant SulcessPulty ChallanGes A Conviction obtained theouGH A Negotiated PleA of Guilty. The APPROPdate Remedy is specific Refor mance is NOT Possible, The PleA must be WithdRAWn ANd The Paeties must be RefueMed 70 their oricinal Positious See also WEIGHT $K$ state 158 S. W. 3 d 590,593 -94 (Tex. APR. SAW JACINTO 2005 PeT Rdd) II-21-2011 FindinG of FActs and Conclusions of Law. Was GEnated She Pulled The 5 year Probation ConTEACTed PleA From CASE NO 10-12-13632-CR Paeties must be RefueMed To Their ORICINal Positions. SHE Also Pulled The 40 year T.OL. Sentence. If The PleA STiII Is Admitted Thee is a Guilty PleA ON William JGBE From TeiAl I-3-2011 ENTEEed BY 10-17-2010 Motion /order To ADOPT PleAdivG. ANd AccEffed IN OPEN COURT IN SENTENCING Phase PLEA CAN NOT Stand C.C.P. ART. 26.13 (a) (1) (a) Prior to Accenting a PleA of Guilty de a PleA of Nolo Contender. The COURT Shall Admonish The Defendant of:

*6 (1) The Range of The Punishment Attached of The Offense; 1-3-2011 William Jobe Teial Jobe Was менее Admonished For 40 Years T. D.C. ONLY Admonish For The 5 years Probation Case No. 08-08-0786 Constitutional Rights of the defendant... We Think that The Ldefeendants Guilty plea must be understandingly and intelligently] Borkin V. Alabama 395 U.S. 238, 242 (1969) kviatt V. State 206 S.U. 3d 657,664 (Tex.ceim. APP 2006)

1-5-2011 IN THE 359th District Court Did a motion to Dissess on Case No. 08-08-07862-CR This Case No. 10-12-13632-CR with the "SATES motion to adopt PleadING" wrote by and submitted by District Attorney ECHO Coleman Gran'ted by - JudGE Hamilton 12-21-2010 and Admitted into Teial 1-3-2011 So WHEN "MOTION To Dissess"1-52011 DissusSED Case No. 08-08-07862-CR Also Dismissed Case No. 10-12-13632-CR Because These Two Indictmeng, Pleadings motions and Rulings Incorporated by REFERENCE. IN The "SATES Motion To adopt Pleadings"

*7 PRAYER

TREAL BY JUDGE

The Court Did Not Admobish William Jobe For

THE 40 Year T.O.C. IN SENTENCING PHASE.

OR Did The Court Allow William Jobe To Withdern

This Contracted Plea, Even After Intered Amst

Guilt Plea 1-3-2011. THAT WAS Accepted ON

CASE NO. 08-08-07862-CR FOR 5 Year's Reputation

ORDER TO ADOPT Pleading Filed By D.A. ECHO

Coleman 12-17-2010 AND Admitted INTO Evidence

IN TRIAL 1-3-2011. CON TRACTed Plea wrote by

D.A. SIGNED BY William Jobe And Signed

Steve Simonson And Judge Hamilton Signed

And Granted The Plea of 5 Year By Siding Plea

Agreement And Accepted The Plea. Refiled And

And Agreed on By D.A. ECHO Coleman When

ORDER TO ODOT Pleading WAS Granted By Judge

Hamilton 12-17-2015 THIS WAS Agreed And Signed

By D.A. ECHO Coleman 12-17-2010 This Plea And

INDictment Case NO. 08-08-07862-CR AND

CON TRACTED Plea Entered into Trial By D.A.

AND TRIAL Judge Hamilton 1-3-2011 CASE NO.

10-12-13632-CR. FOR The Reason The 1988 SAN-

JACINTO COUNTY D. U. I. CASE NO. 88-253 Peice

Class C misdemeanOR Found "Yold" by SAN Jacinto

County Judge Discharged The "Criminal Action"

7.

*8 MEANS C.C.P. ART. 27.01 INDICTMENT DE INFORMATION C.C.P. ART. 28.04 Qushin6 CHARGE iN A MisdemeanOR. THEY HAd To Have The Plea To Peove up 1988 O.U.I. SAN JACINTO COUNTY. That is in INDICTMENI CASE NO. 10-12-13632-CR FOR FELONY D.W.I. IN SENTENCINE Phase These was ANd ACQUITtAl in ACTiON of AN deadly WEAPON CHARGE. The Element of O PENGE ChANEED back To ORIGINAL CHARGE 08-08-07862-CR "doble JEPORdY" Also. Accepted THE 5 YEAR Probation. CASE NO. 08-08-07862 DISTEiCT COUET GRANTED 1-5-2011 MOTiON To DISniss'Wich WAS INCORPORated To Gether with CASE NO. 10-12-13632-CR IN MOTiON, ORDER To ADOPT PIERdible MY QUESTion is How de who sePEeatEd The Two INCORPORAted Indictments. MOTiON To Dismis ON CASE NO. 08-08-07862-CR Dismissed Both INDICTMENTS TRIAl COUET Commits eROR if it unilatereally Adds UN-NEGotinted Teems to A Plea-BARGAIN AGREEMENT Did Not Admonished The DEFENDANT FOR 40 JEARs T.O.C. Plea CAN NOT STANd (C.C.P. ART. 26.13 (a) (1) The Plea musT DE WithdeANN And The PARTies must be Rerumened To TheiR ORIGINAL Positions see WEIGHT V. STATE.

*9 CERTIFICATE OF SERVICE This is to cortify that ON OCT. 162015 A true and correct copy of the Above and Foregoise document was served on the District Attomies Office, Montgomery County and one to Court of Criminal Appeals by U.S. mail.

Respectfully Submitted UNSWORN DECLARATION PURUANT TO 28 U.S.E. 1746 I William Walter JOBE 1692994 am The defendant and beise presentiy incarcerated in the Texas Department of Criminal Justice Institute at the Michael Unit, declare under Penalty of Per Jury That Accord in6 To my belief, The facts stated in the Above Refor mation, of Judgment are true and correct. SIGNED in This $16$ dAY of OCT. 2015

BARBARA GIRdden ADAMick Ditrict clerk Montgomery counTy RO. Box 2985 CONROe TX. 77305 Court of criminal appeals P.O. Box 12308, CAPITOL STATION

AUSTIN TX. 78711

*10

CAUSE NO. 10-12-13632-CR

ORDER

THE COURT. hAVING CONSIDERED the REFORMATION of JudGment, is heeeby GRANTED/ DENIED TO BE BENCH WARRANTED BACK To LOMNTY OF CONVictioN

JUDGE RRESIDING

*11

Tefal $1-3-2011$

MOTION TO DISMISS

TO THE HONO:ABLE JUDGE OF SAID COURT:

• OW COMES the State of Texas, by and through her District Att. ney, and respectfully requests the Court to dismiss the abou. entitled and numbered criminal action for the following reason: $◻$ Cannot prove beyond a reasonable doubt. $◻$ The Defendant was convicted in another case. $◻$ In custody elsewhere. $◻$ Old case, no arrest. $◻$ In the interest of justice. $◻$ Missing witness. $◻$ Request of complaining witness. $◻$ The Defendant is deceased. $◻$ Motion to suppress granted. $◻$ Co-Defendant tried, uris Defendant testify. $◻$ Insufficient evidence. $◻$ Rratifution made. $◻$ Co-Defendant convicted, insufficient evidence this Defendant. $◻$ Case refiled as Cause No. 10-5-15053. Clearance Letter. Other. EXPLANATION:

WHEREFORE, PREMISES CONSIDERED, it is requested that the above entitled and numbered cause be dismissed.

ORDER The foregoing motion having been presented to me on this the day off A.D. 20.11 and the same having been considered, it is, therefore, ORDERED, ADJUDGED, and DECREED that said above entitled and numbered cause be and the same is hereby dismissed.

*12

(

Cause No. 10-12-13632-CR

STATE'S MOTION TO ADOPT PLEADINGS

Comes Now the State of Texas, by and through its Assistant Criminal District Attorney, in the above styled and numbered cause and files this motion to adopt certain pleadings and motions heretofore filed and as grounds thereof would show the Court the following: I.

The State has filed motions and pleadings in Cause Number 08-08-07862-CR. II.

The State requests that all such motions and rulings thereon be adopted by reference and incorporated by reference on behalf of the State in this case. Such motions and pleadings, the grounds stated therefore, and the rulings thereon are essential to the State in order to prosecute this case.

III.

WHEREFORE, PREMISES CONSIDERED, the State prays that this Motion to Adopt be granted and that all such motions and pleadings and the rulings thereon be adopted and incorporated in behalf of the State in this case.

Respectfully Submitted,

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above-listed motion was delivered to M. Griffin, attomey for the Defendant, on this the $17H_1$ day of $$ Decencher, 2010.

*13

( )

Cause No. 10-12-13632-CR

ORDER

The Court, having considered the State's Motion to Adopt Pleadings, said motion is hereby granted/donied.

$Shar\mathit{n}$ eotmuk

Judge Presiding 12-21-10

*14 NO.

IN THE COURT OF APPEALS FOR THE

NINTH JUDICIAL DISTRICT OF TEXAS

AT BEAUMONT, TEXAS

WILLIAM JOBE Appellant,

v.

THE STATE OF TEXAS Appellee.

FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY CAUSE NUMBER 10-02-13632-CR

DOCKETING STATEMENT

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: COMES NOW William Jobe, Appellant, by and through counsel, and submits this docketing statement pursuant to Rule 32.2 of the Texas Rules of Appellate Procedure, and would show this Court the following:

*15

1. APPELLANT'S NAME: William Jobe
2. TRIAL COUNSEL: Michael Griffin 300 W. Davis Suite 540 Conroe, TX 77301 Telephone: (936) 539-1011 Facsimile: (936) 539-1002
3. APPELLATE COUNSEL: Scott Pawgan P.O. Box 8930

Huntsville, TX 77340 Telephone: (936) 435-1380 Facsimile: (936) 435-1652 4. DATE TRIAL COURT IMPOSED SENTENCE IN OPEN COURT: January 5, 2011 5. OFFENSE CHARGED: Driving While Intoxicated $3^{\text{rd}}$ or More 6. DATE OF ALLEGED OFFENSE: April 30, 2008 7. DEFENDANT'S PLEA: N/A 8. TRIAL IN GUILT PHASE: Guilty Plea 9. TRIAL IN SENTENCING PHASE: No Jury 10. DATE NOTICE OF APPEAL FILED IN TRIAL COURT: February 11, 2011 11. PUNISHMENT ASSESSED: Forty Years Institutional Division in Texas Department of Criminal Justice 12. APPEAL FROM PRETRIAL ORDER? Undetermined 13. APPEAL INVOLVING THE VALIDITY OF A STATUTE, RULE OR ORDINANCE? Undetermined 14. CHALLENGE TO THIS COURT'S JURISDICTION: No 15. DATE OF MOTION FOR NEW TRIAL:

*16

1. MOTION IN ARREST OF JUDGMENT FILED?

No 17. TRIAL COURT AND RECORD:

359th Judicial District Court of Montgomery County; Cause No. 10-12-13632-CR

1. TRIAL JUDGE:

The Honorable Kathleen Hamilton District Judge 207 W. Phillips Suite 305 Conroe, TX 77301 19. DISTRICT CLERK:

Barbara Gladden Adamick District Clerk 301 North Main Conroe, TX 77301

1. CLERK'S RECORD REQUESTED:

February 11, 2011 21. COURT REPORTER:

Darlene Forville Court Reporter 207 W. Phillips Suite 305 Conroe, TX 77301

1. REPORTER'S RECORD REQUESTED:

February 11, 2011 23. APPROXIMATE LENGTH OF TRIAL:

2 Days 24. APPELLANT'S INDIGENCE:

Appellant was determined by the Court to be indigent prior to the trial of this case and was represented by Court appointed Counsel. Appellant continues to be indigent.

CERTIFICATE OF SERVICE

This is to certify that a copy of the above Docketing Statement was served by certified United States Mail, first class delivery prepaid, on the Montgomery County District Attorney.

*17

TxDPS CCH Name Search Record | Criminal History Search | TxDPS Crime Records Ser... Page 1 of 17

| | Texas Department of Public Safety | | :--: | :--: | | | Criminal History Search |

USSR: National Criminals and Cen. of the United States USSR: National Criminals and Cen. of the United States

TxDPS CCH Name Search Record

Search Information

*18

The information contained in this record reflects only information contained in the Computerized Criminal History database maintained by the Texas Department of Public Safety. Contact the contributing agency for specific or additional information regarding charges or dispositions. The contents of this record is confidential and intended for dissemination only to criminal justice agencies or other individuals or agencies authorized by law to receive criminal history record information DPS cannot guarantee the records you obtain through this site relate to the person about whom you are seeking information. Searches based on names, date of birth and other alphanumeric identifiers are not always accurate. The only way to positively link someone to a criminal record is through fingerprint identification. It is your responsibility to make sure the records you access through this site pertain to the person about whom you are seeking information. Extreme care should be exercised in using any information obtained from this Web site. Neither the DPS nor the State of Texas shall be responsible for any errors or omissions produced by secondary dissemination of this data.

ARREST DATE 2/11/1989 (1 CHARGES) ARREST DETAIL ARREST DATE SEQUENCE CODE ARRESTING AGENCY ARREST DATE 2/11/1989 (CHARGE *001)

OFFENSE RECORD

INTERNAL AGENCY PERSON NUMBER ARREST OFFENSE ARREST OFFENSE LITERAL COURT STATUS A COURT OFFENSE COURT OFFENSE LITERAL COURT DISPOSITION. COURT DISPOSITION DATE COURT PROBATION

ARREST DATE 4/27/1990 (2 CHARGES) ARREST DETAIL ARREST DATE SEQUENCE CODE ARREST DATE 4/27/1990 (CHARGE *001) OFFENSE RECORD ARREST OFFENSE ARREST OFFENSE LITERAL COURT STATUS A COURT OFFENSE COURT OFFENSE LITERAL COURT DISPOSITION COURT CONFINEMENT COURT PROVISION

NOT

ARREST DATE 4/27/1990 (CHARGE *002)

COURT STATUS A COURT OFFENSE COURT OFFENSE LITERAL COURT DISPOSITION COURT CONFINEMENT COURT PROVISION

ARREST DATE 10/18/1990 (1 CHARGES)

ARREST DETAIL

ARREST DATE SEQUENCE CODE TRACKING NUMBER ARRESTING AGENCY ARREST DATE 10/18/1990 (CHARGE A001)

OFFENSE RECORD

AGENCY INTERNAL AGENCY PERSON NUMBER INTERNAL AGENCY CASE NUMBER ARREST OFFENSE ARREST OFFENSE CITATION LEVEL AND DEGREE OF OFFENSE ARREST DISPOSITION DATE

NOT

18182 DRIVING UNDER INFLUENCE LIQUOR (54040000) DWI MISD CONVICTED (310) $3/16/1999$ 2Y

4/27/1990 A

ARREST DATE NOT RECEIVED (00020000) ARREST DATA NOT RECEIVED

ASSLT (FREE TEXT) (13000000) AGG ASSAULT CONVICTED (310) 2Y

PUBLIC ORDER CRIMES (FREE TEXT) (73990000) CRIMINAL MISCHIEF CONVICTED (310) 2Y CONCURRENT (363)

ARREST DATE 10/18/1990 (1 CHARGES) 10/18/1990 A 0120535408 HARRIS CO SO HOUSTON (TX1010000)

ARREST DATE 10/18/1990 (CHARGE A001)

OFFENSE RECORD

AGENCY INTERNAL AGENCY PERSON NUMBER INTERNAL AGENCY CASE NUMBER ARREST OFFENSE ARREST OFFENSE CITATION LEVEL AND DEGREE OF OFFENSE ARREST DISPOSITION DATE

HARRIS CO SO HOUSTON (TX1010000) 9040918 FP2150204628 CRIM MISCH \ $200=\backslash$ 750 (29000014) 28.03(8)13)

MISDEMEANOR - CLASS A (MA) $10/18/1990$

*19

INDICTMENT

| Count | Charge | DA File # | Agency # | | :--: | :--: | :--: | :--: | | #1 | DRIVING WHILE INTOXICATED - 3RD OR MORE
Sec. 49.04; Fel. $3^{\circ }$ | 08-001829.1 | 08A007538 |

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURY, for the County of Montgomery, State of Texas, duly selected, empaneled, sworn, charged, and organized as such by the 9th Judicial District Court for said County, upon their oaths present in and to said court that William Walter Jobe, hereinafter styled Defendant, on or about April 30, 2008, and before the presentment of this indictment, in the County and State aforesaid, did then and there operate a motor vehicle in a public place while the said defendant was intoxicated.

And it is further presented in and to said Court that, prior to the commission of the foregoing offense, on March 16, 1989, in the County Court at Law of Liberty County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated; and on September 15, 1988, in the County Court at Law of San Jacinto County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated,

Enhancement Paragraph A

And the GRAND JURY further presents that said Defendant, William Walter Jobe, was convicted of a felony, to wit: Possession of a Controlled Substance on January 15, 2003 in the 359th District Court of Montgomery County, Texas in Cause No. 02-07-04636-CR under the name of William Walter Jobe and said conviction became final prior to the commission of the aforesaid offense in Count I of this Indictment.

Enhancement Paragraph B

And the GRAND JURY further presents that said Defendant, William Walter Jobe, was convicted of a felony, to wit: Possession of a Controlled Substance on November 22, 2002 in the 75th District Court of Liberty County, Texas in Cause No. 24235 under the name of William Walter Jobe and said conviction became final prior to the commission of the aforesaid offense in Count I and Enhancement Paragraph A of this Indictment.

Minute

Date: $$ AUC 132008

*20

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURY, for the County of Montgomery, State of Texas, duly selected, empaneled, sworn, charged, and organized as such by the 221st Judicial District Court for said County, upon their oaths present in and to said court that William Walter Jabe, hereinafter styled Defendant, on or about April 30, 2008, and before the presentment of this indictment, in the County and State aforesaid, did then and there operate a motor vehicle in a public place while the said defendant was intoxicated.

And it is further presented in and to said Court that, prior to the commission of the foregoing offense, on February 12, 1991, in Cause No. 41572, in the County Court at Law of Liberty County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated; and on September 15, 1988, in Cause No. 88-253, in the County Court at Law of San Jacinto County, Texas, the defendant was convicted of an offense relating to the operating of a motor vehicle while intoxicated,

And the Grand Jury further presents that during the commission of the primary offense alleged above, the Defendant did then and there use or exhibit a deadly weapon, to-wit: a motor vehicle,

Enhancement Paragraph A

And the GRAND JURY further presents that said Defendant, William Walter Jabe, was convicted of a felony, to wit: Possession of a Controlled Substance on January 15, 2003 in the 359th District Court of Montgomery County, Texas in Cause No. 02-07-04636-CR under the name of William Walter Jabe and said conviction became final prior to the commission of the aforesaid offense in Count I of this Indictment.

Enhancement Paragraph B

And the GRAND JURY further presents that said Defendant, William Walter Jabe, was convicted of a felony, to wit: Possession of a Controlled Substance on November 22, 2002 in the 75th District Court of Liberty County, Texas in Cause No. 24235 under the name of William Walter Jabe and said conviction became final prior to the commission of the aforesaid offense in Count 1 and Enhancement Paragraph A of this Indictment.

IN The Sentencein6 Pnase The Judbe Did Not Find Beadly Weapod Tene.