Porter, Orvis Wayne, WR-50,653-07

Porter, Orvis Wayne

WR-50,653-07

| Tex. App. | Aug 20, 2015

Check Treatment

Case Information

*1 TO: The criminal, court of appeal TO: The court clerk Adel acostrA

*2 In The Criminal Court appeal to austin, Texas

Ex-parte 41905515 Orvis Wayne porter vs. The state of Texas District attorney SUSAN HAwk of DALIAS County

Case No. w10-24557-3 (C) Supplement application to w10-24557-3 (B) writ hampers corpus. 11.07

Traverse to state Return and answer.

To: The Honorable, Judge of said court of the criminal court of appeal Come now, orvis wayne porter the petitioner pro, se, and respectfully files this Trayerse to state Return and answer for writ of hampers corpus, pursuant to art, 11.07 all heferevers to paragraph refered to in petitioner, initial petition are Incorporated herein by reference this traverse address the part of the state Return and answer that requires reply.

Fact Applicable to All Clans

Appellate counsel was Ineffective for failing to challenge the sufficiency of evidence to support the following prior conviction that were allegedly used to enhance his ownishment. Burglary habitation in F92-31291-mw S6nterence phrase of trial

The state failed to prove case F92-31291-mw Burglary habitation as a final conviction July 31,1998, The State Ilequily Use F99-53393 Burglary habitation final, conviction February 3, 2000 to I Ilegally enhance F92-31291-mw, Deputy willie,washing ton testify under Oath in trial court Record's July 12, 2011 R.R-6: 60-62 page in court transcript's, There only one fingerprint, and one picture with two separate case number In state Exhibit 4, one of the Separate Case F92-31291-mw was discharge on December 5,1999 this was a parple violation not, a new charge and I didat get Revoke On probation February 3, 2000, I was on parple when i caught F99-53393 on oct 7,1999

*4 And Recciuced 5 years on February 3, 2000 The Courtessor by use both of this case on plea, Bargain, and Judgement, this is a Clerical director, 363 rd radical district court made on February 3, 2000, The Date and time of Sentence and penpack is wrong from Texas Department of Criminal Justice Comerctional Institution Division, From VANESSA, Jones chairman of classification and Records. In Exhibit 4 applicant penitentiary packet admitted in trial This affidavit is incorrect and wrong and the Judgement and penpacket. In 363 rd radical district court of Dallas county, These case wasnt man together, so there should have been separated, penpacket, F92-31291-mw Bargary habitation was final conviction on July 21, 1998, In 363 rd radical district court court of Dallas county, I recuiced 4½ years bach time and parole out Dallas county Jail April 16, 1999, I was p 1 a out, and violated my parole may 16, 1999. This Information can be investigated by Texas Board of parole 1 parcion.

*5 Next) I was in the state of Oregon prison (2) July 31, 1998 my name was forged on July 31, 98 by my attonery Dake, Smith, I was never present I received S year's, I was never

Extradic back to Texas, I was in Oregon prison from 9/23/1999 to 12/16/98, I was never sentence properly and it was I llegado for my attonery to singed my name. on July 31, 1998 IW 363 Rd Judicial district count I was never ever in prison in Texas—July 31, 1998, on never did my probation F92-31291-mw was violated on February 3, 2000 I was on parole and already discharge, December 15, 1999, F99-53393 Durglary hasitation was a new, charge i caught on parole, both sentence came out 363 Rd Judicial count. But Judge faith, Johnson didat sentence me properly in July 31, 1998, This are separate sentence So there should been separate peripachet at trial, IW F92-31291-mw and in F99-53393 I was pI A out the DALYs county Jail on April 16, 1999 parole on case F92-31241-mw and when to T.O.C. on F99-53393 FEB. 3,2000 and then to T.O.C. on F99-53393 FEB. 3,2000 the same time, Their a clerical error

*6 and the pleasant agreement on February 3, 2000, The court failed to prove the Enhancement. In the notice of Enhancement See Exhibit (6) Burglary habitation -F92-31291-mw, Because they I llególy use F99-53393 to Enhance F92-31291-mw This are Separate Case The peripack is Insufficiency to Enhance F92-31291-mw The Error is in the 363 rd Judical district Court Record and texts Department CoArEctional Record's See Exhibit (D) That why willie, washington testify it only one, peripacket, one T.D.C. number and one fingerprint one picture, and two separate Case numbers F92-31291-mw and F99-53393, the criminal district Court Illegal use both case number in Judgement and plea bargain, and peripacket it should been one F99-53393 Burglaryhabitation F99-53393, porter testify in Record at trial Rt-6:73 he wasn't here Record at trial Rt-6:73 he wasn't here Recorded in Texts July 31, 1998. attorney George Ashefard in 1998, as 1998, attonery to 1998, attonery to 1998, and appear attonery April, 1998, and appear attonery April, 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 1998, to 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*7 as expept ERRoR, when George ashtard object to 12.42 peral code requrie to Enhance, Trial Record's RR-6: 62, (A) Exhicit probation violation paper, attonery DAR, smith forged my name, on July 27, 1998 In the 363 rd Jodical district court and Exhicit (B) the notice of Enhancement Exhcit (C) oregm department of - Corkection, time sheet, ARA: Name use in oregon Demosis orvis porter, Birth 415175 I was Incarcerated from 9/23/94 to 12/16/1998. To verify Information contacl, Grace chen. Infornation request sentence calculation oldg 2 24499 sW. Crabans - FARy Rd. Wilsouville oregon 97070, (503) $570 - 6900$ EAY $(563) 576 - 6903$ verify with The rears board and parale and pardon 8610 Shorl cheer 6100. Austin reys 78757 , that i was parale out DALlAs County Jail, 192-31291-mw pI A April 16, 1999 and violated parale on may 5, 1999 I didn't cure go to prison on 192-31291-mw

*8 February 3, 2000. The court ERRoR in Judgement in periparket in plea agreement in 363 Rd Judical district Court February 3, 2000. The trial court failed to prove Enhancement, Stake v proCUNIER 744 F2d 475 (1984) French v. Estelle 692 F.2d 1021 sth Cir (1982) The Court failed to link me to prion conviction threw Judgement and fingerprint or Indentify me at trial threw Deputy willie, washington testify in trial Record, she didn't know me, but only took my fingerprint today RR-6: 60-62 so the court didn't establish Identify, mantin v. State 227 Sw. 3d 355, 337 Tex app haysh 1st Dist. (2007) Deck v. state 719 Sw. 2d. 205, 209. (Tex crim app) appellate attorney apri, Smith and trial attanery geage ashtred was Ineffective for fail to Investigated and failed to use the Insufficiency Enhancement as appeal ERRoR Ex-partie mille 330 Sw. 3d 610. (Tex crim app) See Gritts v tucry 469, us 387, 395, -96 (1985) Herander v state 726 sw. 2d 53, 56, 57. Tex CRim app (1986) A defendant has a Consifutional Right to effective counsel.

11 Claim for Relief

I'am ask the court for a new sentence phrase in case F10-24557-3 and the Enhancement drop in F92-31291-mw Burglary habitation Final Conviction July 31,1998 Charge drop back down to a state jail felony from 2 to 20 and Rewise with time seemed and evidence hearing and Designated order and violation Report to criminal court appeal of the ERRoR made in 363 rd Judical district court of Dallas, Texas for Illegally use Both case in plea agreement and -falselfly penpacked in F92-31291-mw

ORAY for Relief

petitioner Respectfully Request the court to operate and set aside petitioner 10 year sentence and conviction and order a Rental within 90 days' Respectfully submitted on this day of

$& a m p; FRum: Davis wayne forater. \ & a m p; W1965515 pack, Unit \ & a m p; Wallace pack Rd. \ & a m p; NAVASO PA, Texas 77863$

*10

CAsSe No.
$w 10 - 24557 - 3$ (c)
Supplement to
(1) 10-24557-3(0)

EY-partie

Orvis wayne porter A 190 ssis PACK I UNIT Wallace pack Rd. NAVASOTA, Texas T7868

ORDER

petitioner petition for Traverse to state Return and answer is heresy granted / Denied signed and Entered on this day of

Judge presiding Criminal district Court of Appeal

*11 F02-31291-111 Surfgary hasitation Final conviction on July 31, 1993 EY hiGt

Phobation Revokes paper attonery DAR Smith Sigried without my permission on F92-31291-111 while I was in Oregon prison when I Revised S year on July 31, 1993 in the criminal 363 rd district count of DAlas county

*12 THE STATE OF TEXAS VS.

DEALS WROKEN

CAUSE NO.

323

DISTRICT COURT

DALLAS COUNTY, TEXAS

PLEA OF TRUE AND STIPULATION OF EVIDENCE IN PROBATION REVOCATION HEARING TO THE HONORABLE JUDGE OF SAID COURT:

Comes now Defendant in the above cause, in open Court, and acknowledges having been served with a copy of the Motion to Revoke Probation herein, waives reading of said Motion in open Court, and enters his plea of TRUE to the allegations of said Motion.

Defendant consents to the stipulation of evidence at hearing of this cause, and waives the appearance, confrontation and cross-examination of said witnesses. Defendant consents to the introduction of testimony orally, by affidavits, written statements of witnesses and other documentary evidence.

I DO FURTHER JUDICIALLY CONFESS that the following facts are true and correct:

That on Septu. 11 19 92, I was duly and legally placed on probation in this cause for a period of years beginning on said date. I received and was explained and understood the conditions of probation set down by the Court in this case. Since having been placed on probation, and while under probation, I have violated the conditions of probation in the following manners:

I failed to report to the probation officer as directed although I was able to report and could have reported during the following periods of time:

Mezel 8, 15 22, 24 1992 over the thesuit

I committed the following offense or offenses while under probation:
I have further violated probation in the following respects:

Did not pay less a act, less a case in thend

Agnes 1992 in any state theeight

Davis Forl. 50000

Dedendant

SUBSCRIBED AND SWORN TO BEFORE ME, she undersigned authority.

In this the day of

BILL LONG DISTRICT CLERK, Dallas County, Texas

Deputy Districtclerk

Evel 1

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Exhibit

Notice of Enhancement Filed march II, 2011 This case are a separate Conviction F92-31291-mw Date and time F92-31291-mw, was a parple vidiation on February 3, 2000 F99-53393 was the new Change!

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Exhinit

DREjow Connection, Time Sheet to prove, I was not in Texas July 21, 1998 F92-31291-mw when I got sentence to S year's T. D. C. with $4 \frac{1}{2}$ back time and F92-31291-mw was a parole violation on Fetwney 3, 2000 I was parole out. DaliAs county Jail April 16, 1999 pI a from the TEXAS Board of parole and pardon

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Oregon

John A. Kitzhaber, MD, Governor

Department of Corrections Offender Information and Sentence Computation 24499 SW Grahams Ferry Road Wilsonville, OR 97070-5670 Phone: (503) 570-6900 Fax: (503) 570-6903

Steptember 25, 2013

To: Mr. Porter, Demons Orvis

RE: Porter, Demons Orvis OR SID 10530457. DOB: 04/05/1975.

I, Grace Chen, hereby certify and attest that:

I am a Records Information Specialist with the Oregon Department of Corrections.
I have caused a careful and complete search of the incarceration records pertaining to Porter, Demons Orvis OR SID 10530457.
This information is to verify that Porter, Demons Orvis OR SID 10530457. He was incarcerated with the Oregon Department of Correction from 09/23/1994 to 12/16/1998.

Mr. Porter was released from incarceration on 12/16/1998 and completed his parole on 06/26/2002.

Sincerely Grace Chen Information Request Coordinator Offender Information and Sentence Calculation, Bldg Z, 24499 SW Trahams Ferry Rd., Wilsonville, OR 97070

I was here when I got sentence in July 31, 1993 in $f 92 - 31291 - m w -$ my attorney I/less! Sism my nore

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*18 This IS aise

Apeicdauit from Department of criminal, Justice Record Division

F92-31291- mw Gurghary hasitation Final Conviction was Discharge December 16, 1999. I Recruced 1/2 years back work at Judgement in penpacket. In F92-31291-mw from the 363 Rd Judica) clistricf count of DADAS County. That over 12 years if Discharge on 6 ct 6,2004 I only had 5 years 6 month parale.

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AFFIDAVIT IN ANY FACT

THE STATE OF TEXAS COUNTY OF DALLAS § § §

I, James Hammond # 414, a Peace Officer in the Criminal District Attorney's Office of Dallas County, Texas, on this the 18th day of December, A.D. 2013, personally contacted Wendy, with the Texas Department of Criminal Justice, Records Division. I inquired about Orvis Wayne Porter, DOB: 04/24/1974, SID No.TX11037536. She confirmed that Cause No. F92-31291, was discharged on October 6,2004 .

Inv. James Hammond #414 Peace Officer, Dallas County, Texas

State of Texas County of Dallas Sworn to and subscribed before me on the day of 29/28/2013 by

(Personalized Seal)

Notary Public's Signature

This is whers false Irffomations discharge or estate in F92-31291-mu 12/5/99