Case Information

*1 IN THE COURT OF APPERL'S FOR THE FIRST DISTRICT OF TEXAS

CLOSE NO. 1465962-A

LESLIE FOSTER, Relator —V5— DEVON ANDERSON, DISTRICT ATTORNEY FOR RESPONDENTS

DEVON ANDERSON, DISTRICT ATTORNEY FOR RESPONDENTS

INSTITUTE INSTITUTE DEVELOPMENT

COME NOW, LESLIE FOSTER, Sgn.00994213, Relator in the above related cause and files this his Writ of mandorous and will show this court as follows:

Relative is currently incarcerated in the Harris County Tail with gending charges for two 12 counts of theft. Relator has been denied his state and Federal Constitutional right to adequate effective assistance of counsel doing gree-trial proceedings while engaging in a conspiracy to indict convict and deny Relator a fair proceeding.

Relator was kidnapped and illegally arrested in his home without probable cause, arrest warrant nor search warrant nor consent on April 23, 2015 by Houston Police Department officer Delacrus out of cecism and discrimination. Relator locked vehicle was illegally searched

• one- of four.

*2 cant. afterwards without search warrant nor consent. Relator was handcutted and placed in the back of patrol or sitting on side of the service road for $21/2$ hours while many officers illegally searched and confiscated items from home and vehicle without warrant or consent. Relator denied to sign consent form twice presented by officer Dfoctus.

Relator was forced to open his home door after excessive beating at my out of fear the officers might kick the door in and kill me like other AfricanAmericans being gralified. The officers handcutted my person and search my person home and vehicle illegally. III.

Relator contends his court aggonted Attorney Rachel Dristow for $03777700 allowed the Asst District Atternay Sonnfer meriveather to "vidiate the mandatory four Cormer Rule on Probable Cause at the June 5,2015 Probable Cause Pearing by allowing her to "switch from the handwritten Police Regert heard and decided on April 24,2015 at the 72 -hour Video Contarence and submit the newly tygudug of transe regert to the Pan Marc Carter for a incourt probable cause finding. This regert was net written before April 24,2015 and April 27,2015 first Court Appearance and is grown to be trabicated and misrepresentation of facts rewritten with the assistance of an attorney in direct attempt to manipulate a probable cause finding before the court to hold Relator and obtain an indictment to force a give and conviction wrongly

*3 IN DENEAL WRONGLY Relator contends he is not only innocent of both bribery indictments for theft, but has filled a gre-trial unit dated June 23, 2015 concerning his right to affective assistance of counsel on multiple grands that needs to be answered by the Attorney Rache Bristow by law on multiple issues. The Respondents intentionally and illegally catorized Relator's gre-trial Dabeas Cargus under Art. 1107 Sec. 3 instead of Art. 1107 Sec. 2 (before conviction-gre-trial issues) The unit was dismissed "wrongly" on July 17, 2015 per Sec. 5 of Art. 1107 without allowing Relator an opportunity to respond with his proposed findings of facts. Please See! Unit on file and attached Exhibit-A Respondents Response. District Clerk, Chris Daniel File 5.

E. OBJESTERS To RESPONDENTS

Relator objects to these two indictments, amended indictments and any attempt to se-indict his gerson past 90-days without a reduction of bail to 85000 he can afford or release on PR Send. The current 2000 bail, Relator can't afford. Relator is currently being held against his will under mass anxiety and stress from this entire ordeal. (art. 11151, Ic. 8.)

OATH I, Leslie Foster, sgn 0004913, Relator, centries the allegations person use true and correct this 3-day of August, 2015 under genalty and gerjory 28 USC 1746

Dessie Foster

• three of four-
• 1990 Relator

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CERTIFICATE OF SERVICE

X, LESLTE FOSTER, 5 gn.0099423, Relator carthy that he has sent a tive copy of these documents writ of mandamus to Respondents, Devan Anderson, District Attorney, 1201 Franklin, Suite 600, Houston, Texas 77002-823 and to the Hon. Clerk of 12° counts of Appeals, 301 Tennis St., Houston TX, 77002 this 3rd day of August, 2015 AD.

Respectivily Sub,

| {Altars
Sextie Miller

*5

EX PARTE

LESLIE FOSTER, Applicant

IN THE ${228}^{\text{th}}$ DISTRICT COURT

§ OF

§ HARRIS COUNTY, T E X A S

STATE'S ORIGINAL ANSWER

The State of Texas, through its Assistant District Attorney for Harris County, files this, its original answer in the above-captioned cause, having been served with an application for writ of habeas corpus pursuant to Tex. Crim. Proc. CODE AnN. art. 11.07 § 3 (West 2013), and would show the following:

I.

The applicant is charged pursuant to the complaint of the ${228}^{\text{th}}$ District Court of Harris County, Texas, in cause number 1465862 (the primary case), where on April 24, 2015, the applicant was charged for the felony offense of theft.

The applicant filed the instant application for writ of habeas corpus, cause number 1465862-A, on June 23, 2015.

*6 II.

The State denies the factual allegations made in the instant application, except those supported by official court records, and offers the following additional reply:

The applicant fails to invoke the proper jurisdiction of Article 11.07 for the instant application. Article 11.07 establishes procedures for challenging final felony convictions (other than where the death penalty is imposed) by writ of habeas corpus. Tex. Crim. Proc. Code art. 11.07, § 3 (West 2013). In the primary case the applicant has been charged for the felony offense of theft, but has not been convicted. Since the applicant has not received a final felony conviction in the primary case, the applicant cannot invoke the jurisdiction of Article 11.07.

Accordingly, the instant habeas application, cause number 1465862-A, should be dismissed.

III.

The applicant raises questions of law and fact, which can be resolved by the Court of Criminal Appeals upon review of official court records and without need for an evidentiary hearing.

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IV.

Service has been accomplished by sending a copy of the State's Original Answer and the State's Proposed Findings of Fact, Conclusions of Law and Order to the following address:

Leslie Foster SPN #00994213 - Harris County Jail 1200 Baker Street Houston, Texas 77002 SIGNED this ${16}^{\text{th}}$ day of July, 2015.

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Certificate of Compliance as Required by Tex. R. App. 73.1(f)

The State of Texas, through its Assistant District Attorney for Harris County, files this, its Certificate of Compliance in the above-captioned cause, having been served with an application for writ of habeas corpus pursuant to Tex. Crim. Proc. Code art. 11.07 § 3. The State certifies that the number of words in the State's Answer is 438 .

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| EX PARTE | § | IN THE 228th DISTRICT COURT | | :--: | :--: | :--: | | | § | OF | | LESLIE FOSTER, Applicant | § | HARRIS COUNTY, T E X A S |

STATE'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

The Court has considered the application for writ of habeas corpus, the State's answer, and official court records in the above-captioned cause. The Court finds that there are no controverted, previously unresolved facts material to the legality of the applicant's confinement which require an evidentiary hearing and recommends that the instant habeas application, cause number 1465862-A, be dismissed because the applicant has not received a final felony conviction in the primary case, and therefore cannot invoke the proper jurisdiction of Article 11.07.

THE CLERK IS ORDERED to prepare a transcript of all papers in cause number 1465862-A and transmit same to the Court of Criminal Appeals as provided by Tex. Crim. Proc. Code Ann. art. 11.07 (West 2013). The transcript shall include certified copies of the following documents:

1. The application for writ of habeas corpus;
2. The State's answer;

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1. The Court's order;
2. The complaint and docket sheets in cause number 1465862;
3. The Court's Findings of Fact and Conclusions of Law; and
4. The State's and Applicant's Proposed Findings of Fact and Conclusions of Law (if any).

THE CLERK is further ORDERED to send a copy of this order to the applicant Leslie Foster, SPN #00994213 - Harris County Jail, 1200 Baker Street, Houston, Texas 77002; and to counsel for the State, Baldwin Chin, 1201 Franklin, Suite 600, Houston, Texas 77002.

By the following signature, the Court adopts the State's Proposed Findings of Fact, Conclusions of Law and Order in Cause No. 1465862-A.

Signed on this $$ day of $$ , 2015.

JUDGE PRESIDING, ${228}^{\text{th}}$ DISTRICT COURT HARRIS COUNTY, TEXAS

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Cause No. 1465862-A

EX PARTE § IN THE ${228}^{\text{th}}$ DISTRICT COURT § OF LESLIE FOSTER, Applicant § HARRIS COUNTY, T E X A S

CERTIFICATE OF SERVICE

The undersigned counsel certifies that I have served a copy of the State's Proposed Findings of Fact, Conclusions of Law, and Order in cause number 1465862-A to the applicant on July 16, 2015, by mail as follows:

Leslie Foster SPN #00994213 - Harris County Jail 1200 Baker Street Houston, Texas 77002

Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657 (713) $755-5240$

Texas Bar I.D. #00783823 Prepared by: Joshua Vincent - Intern 3

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