Case Information

*1 NO. WR-83,109-01.

EXPANTE $X$

ROBERT FARTER YORK $X$

RECEIVED IN COURT OF CRIMINAL APPEALS

To the Clerk of said COURT:

SEP 16 2015

ALLEGALCIDSIA

I N the matter of expate Robert farren York, said Defendant, would ask the court Clerk, to please file the documents to the proper courts in Cause NO. 12483-A1.

The C.S.A. NO. WR-83,109-01, I have never filed any papers in court and would ask that the Defendant be notified of the Documents upon receipt of the court.

Thank you, enclosed are two copies.

Respectfully,

Date: Sept. 11, 2015:

REPATS DARRAN YORK Robert FARTER YORK TOCJ-ID # O1776274 Huntsville Unit 815 12th St. Huntsville, TX. 77348

*2 No. W.R-83, 109-01

EX PARTE X Y EXPANTE

X Y X Court of Cremonal Appeals Robert Farren York X State of Texas APPLICAN'T

MOTION FOR PERMISSION TO FILLE A CASE SUMMARY SHEET AND A DNA. REPORT IN CAUSE NO. 12,483-A

To the Honorable Judge of SAID COURT:

COMES NOW, ROBERT FARREN YORK, APPLICANT IN THE ABOVE STYLED AND NUMBERED CASE, AND RESPECTFULLY MOVES THE COURT FOR AN ORDER GRANTING THIS MOTION IN SUPPORT. THERE OF, APPLICANT WOULD SHOUL UNTO THE COURT AS FOLLOWS:

THE CASE SUMMARY SHEET IN CAUSE NO. 12483-A WOULD SHOUL THAT DEFENDANTS ATTORNEY, BUBBY REED, NEVER FILED NOT ONE MOTION OR OBJECIED TO NOT ONE THING DURING THE APPROXIMATE- LY 350 DAYS DEFENDANT WAS OUT ON BALL. ALSO, DEFENDANTS ATTORNEY, BUBBY REED, COULD HAVE POST BLLY ASKED FOR A BETTER.

*3 DEAL THAN DEFENDANT EVER GOT AND COULD HAUE POSTSELY GONE TO TRIAL AND HADA CHANCE OF GETTING THE POSTSELITY OF AN AGUTTALL OR A BETTER SENTENCE UNDER THE POSTSELITY OF NOEUE DENCE OR FAULTY TESTIMONY OFTHE STATES MATN WITNESS OR COMPLAINANT. THIS CASE SUMMARY WOULD SHOW THE COURT THAT DEFENDANTS ATTORNEY BOBBY REED, WAS TOTALLY INEFFECTTUE ASS- STANCE OF COURSEL FOR NOT FILLNG ANYTHING ON DEFENDANTS BEHALF.

2.

THE DNA. REPORT WOULD ALSO STATE THAT THE DEFENDANT IS THE ALLEGED FATHER OF SAID CHILD. THERE ARE A LOT OF DEFFERENT DEFINT TIONS OF THE WORD ALLEGED. SOME WOULD SAY, ACCUSED, BUT NOT PROVEN. SOME WOULD SAY THAT WOULD BE QUESTIONABLE AS TO WHO THE FATHER IS. DEFENDANT ASKED TO SEE A D. N.A. REPORT ON SEVERAL OCCASIONS AND WAS NEVER SHOWN ANY UNTEL SOME 3½ YEARS AND WRITING TO ATTORNEY TO RECEEUE CLIENT- ATTORNEY FILE AND TELLING DEFENDANTS ATTOR- NEY, BOBBY REED, THAT DEFENDANT WOULD GET THE CLIENT-ATTORNEY ASSISTANCE PROG- RAM INVOLUED.

2.

*4 WHERE FORE, premises considered, applicant prays that the court will issue an order to allow motion for permission to file a case Summary sheet and a DNA. Report in Cause No. 12483-A to show the court that defendants Attorney was ineffective for not filing any motion on defendants behalf. ALSO, for any such relief that may be granted.

Executed on this the ${11}^{\text{th}}$ day of September, 2015.

Respectfully Submitted Robert Farren York Applicant in Pro se TDCJ-ID NO.01770279 Hunts ville unit 815 12" ST. Hunts ville, TX, 77348

*5 INMAIE'S DECLARATION

I, ROBERT FARREN YORK, BENG PRESENTLY INCARCERATED IN THE TEXAS DEPARTMENT OF CORRECTIONS, HUNTSUILLE UNIT, LOCATED IN WALKER COUNITY, IN THE STATE OF TEXAS, DECLARE UNDER PENAlTY OF PERIJURY THAT, ACCORDING TO MY BELIEF, THE FACTS STATED IN THE APPLICATION ARE TRUE AND CORRECT.

SIGNED ON THE ITY DAY OF SEPTEMBER, 2015.

*6 | State of Texas vs. Robert York | § | Location: 77th District Court Judicial Officer: Simmons, Patrick H. | |------------------------------------------|----------|-------------------------------| | | § | | | | § | |

| Case INFORMATION | |----------|----------| | Offense | Deg | Date | Case Type: Adult Felony | | Jurisdiction: Limestone | | | | | 1. PROH SEXUAL CONDUCT | F3 | 02/14/2006 | | | TRN: 9112914207 TRS: A001 | ACN: 00506-2011 | | | | | | | | | | | | |

Statistical Closures 01/03/2012 Convictions - Guilty Plea or Nolo Contendere

Warrants Capias - York, Robert Farren (Judicial Officer: Evans, Deborah Oakes ) 04/12/2011 6:56 AM Served By Arrest 04/07/2011 3:46 PM New/Active Warrant 04/07/2011 3:43 PM Issued Fine: $0Bond:$ 10000 Notes: 04/13/2011 wrnt ret to dc office

Bonds Surety Bond #00332-11 $10,000.00 4/11/2011 Posted Counts: 1

| Date | Case Assignment | |----------|----------| | | Current Case Assignment | | | Case Number | | | Court | | | Date Assigned | | | Judicial Officer |

| Party Information | |----------|----------| | State | State of Texas | | Defendant | York, Robert Farren | | Bondsman | Reed, Bobby |

| Date | Events & Orders of the Court | |----------|----------| | 03/23/2011 | Indictment (OCA) | | 04/07/2011 | Capias Issued | | 04/07/2011 | Bond set @ $10,000 by Judge Evans | | 04/07/2011 | Notice | | | Notice on Arraignment set 04/19/11 |

*7 | 04/13/2011 | Bond | | :--: | :--: | | 04/19/2011 | Arraignment Hearing (9:00 AM) (Judicial Officer: Simmons, Patrick H.) | | 04/19/2011 | 5 Notice
Pre Trial 6/1/11, Status 7/14/11, Trial 8/8/11 | | 04/19/2011 | 5. Capias Returned | | 06/01/2011 | Pre-Trial Hearing (9:00 AM) | | 06/01/2011 | 5 Discovery Order | | 07/14/2011 | Status Hearing (9:00 AM) (Judicial Officer: Simmons, Patrick H.) | | 08/08/2011 | Jury Trial (9:00 AM) (Judicial Officer: Simmons, Patrick H.) | | 08/08/2011 | 5 Notice
trial 9/12/11 | | 09/12/2011 | Jury Trial (9:00 AM) (Judicial Officer: Simmons, Patrick H.) | | 09/12/2011 | 5 Notice Of Hearing Trial set 11/14/11 | | $11/04/2011$ | 5 Motion For Continuance filed by atty Bobby Reed | | $11/04/2011$ | 5 Order
Order Granting Motion for Countinuance and reset trial to 01/09/12 | | 01/03/2012 | Plea Hearing (9:00 AM) (Judicial Officer: Simmons, Patrick H.) $1:30$ P.M. | | 01/03/2012 | Plea Hearing (9:00 AM) (Judicial Officer: Simmons, Patrick H.) $1:30$ P.M. | | 01/03/2012 | 5 Waiver Of Jury Trial
Stipulation of Evidence and Judicial Confession Felony Plea of Guilty | | 01/03/2012 | 5 Other (Specify in Comments)
Disclosure of Plea Recommendation | | 01/03/2012 | 5 Other (Specify in Comments)
Admonishments and Acknowledgments Sex Offender Registration | | 01/03/2012 | 5 Trial Court's Certification Of Defendant's Right To Appeal (Judicial Officer: Simmons, Patrick H. ) | | 01/03/2012 | 5 Waiver of Appeal (Judicial Officer: Simmons, Patrick H. ) | | 01/03/2012 | 5 Judgment of Conviction by Court - Waiver of Jury Trial (Judicial Officer: Simmons, Patrick H. ) |

*8

77TH District Court
CASE SUMMARY
CASE NO. 12483-A

| 01/03/2012 | Plea (Judicial Officer: Simmons, Patrick H.)
1. PROH SEXUAL CONDUCT
Guilty | | | :--: | :--: | :--: | | 01/03/2012 | Disposition (Judicial Officer: Simmons, Patrick H.)
1. PROH SEXUAL CONDUCT
Convicted | | | 01/03/2012 | Sentence (Judicial Officer: Simmons, Patrick H.)
1. PROH SEXUAL CONDUCT
Sentenced - Prison
Confinement to Commence 01/04/2012
10 Years, Texas Dept Corrections, Department of Corrections
Jail Credit 1 Days
No court cost and no fine | | | 01/09/2012 | CANCELED Jury Trial (9:00 AM) (Judicial Officer: Simmons, Patrick H.) Other
Reset to 01/03/12 at 1:30 P.M. for plea | | | 06/24/2013 | Motion
Letter/ Motion to Obtain Documents and Trial Records in Forma Pauperis- filed by defendant | | | 06/24/2013 | Letter
Letter to defendant enclosing requested documents that were available from the courts file | | | DATE | | FinANCIAL INFORMATION |

Defendant York, Robert Farren Registry Balance as of 7/15/2013

*9 No. WR-83, 109-01

EX PARTE X IN THE X COURTOF CRIMINAL APPEALS ROBERT FARREN YORK X STATE OF TEXAS APPLICCANT X

MOTION FOR PERMISSION TO FILE A CASE SUMMARY SHEET AND A D.N. A REPORT IN CAUSE NO. 12483-A

TOTHE HONORABLE JUDGE OF SAED COURT:

COMES NOW, ROBERT FARREN YORK, APPLICANT IN THE ABOVE STYLED AND NUMBERED CAUSE, AND RESPECTFULLY MOVES THE COURT FOR AN ORDER GRANTING THIS MOTION IN SUPPORT THEREOF, APPLICANT WOULD SHOW UNTO THE COURT AS FOLLOWS:

THE CASE SUMMARY SHEET IN CAUSE NO. 12483-A, WOULD SHOW THAT DEFENDANT'S ATTORNEY, BOBBY REED, NEVER FILED NOT ONE MOTION OR OB- JECTED TO NOT ONE THING DURING THE APP- ROXIMATELY 356 DAYS DEFENDANT WAS OUT ON BALL. ALSO, DEFENDANT'S ATTORNEY, BOBBY REED, COULD HAVE POST ELY ASKED

1.

*10 FOR A BETTER DEAL THAN DEFENDANT EVER GOT AND COULD HAVE PASSIELY GONE TO TRIAL AND HAD A CHANCE OF GETTING THE PASSIBILITY OF AN AQUITALL OR A BETTER SENTENCELINDER THE PASSIBILITY OF NO EUEDENCE OR FAULY TESTIMONY OF THE STATES MAIN WITNESS OR COMPLATENTANT. THIS CASE SUMMARY WOULD SHOUL THE COURT THAT DEFENDANTS ATTORNEY, BOBBY REED, WAS TOTALLY INEFFECTIVE ASSISTANCE OF COUNSEL FOR NOT FILING ANYTHING ON DEFENDANTS BEHIIF.

2.

THE DNA. REPORT WOULD ALSO STATE THAT THE DEFENDANT IS THE ALLEGED FATHER OF SALDCHILD. THERE ARE A LOT OF DIFFERENT DEFINITIONS OF THE WORD ALLEGED.

SOME WOULD SAY, ACCUSED, BUT NOT PROVEN. SOME WOULD SAY THAT WOULD BE QUESTIONABLE AS TO WHO THE FATHER IS. DEFENDANT ASKED TO SEE A DNA. REPORT ON SEVERAL OCCASIONS AND WAS NEVER SHOWN ANY UNTIL SOME 3½ YEARS, AND WRITING TO ATTORNEY TO RECIEUE CLIENTATTORNEY FILE AND TELLING DEFENDANTS ATTORNEY, BOBBY REED, THAT DEFENDANT WOULD GET THE CLIENTATTORNEY ASSISTANCE PROGRAM INVOLUED.

2.

*11

PRAYER FOR RELIEF

WHERE FORE, premises considered, applicant plays that the court will issue an order to allow motion for Permission to file a case Summary sheet and a DNA, Report in cause No. 12483-A to show the court that Defendants attorney was ineffective for not filing any motion on Defendant's behalf. Also, for any such relief that may be granted.

Executed on this the II day of September, 2015: Respectfully submitted Ridess Senecem Yank Robert Farren york Applicant in Ato Se TDCJ-ID No. 01770274 Huntsville Unit 815 12th St. Huntsville, TX 77348

*12 INMAYE'S DECLARATION

I, ROBERT FARREN YORK, BEING PRESENTLY INCARCERATED IN THE TEXAS DEPARTMENT OF CORRECTIONS, HUNTSUIBLE UNIT, LOCATED IN, WALKER COUNTY, IN THE STATE OF TEXAS, DECLARE UNDER PENALTY OF PERTURY THAT, ACCORDING TO MY BELIEF, THE FACTS STATED IN THE APPLICATION ARE TRUE AND CORRECT.

SIGNED ON THE LITT DAY OF SEPTEMBER, 2015.

*13

$◻$

University of North Texas Health Science Center at Fort Worth Education, Research, Patient Care and Service

February 25, 2011

Accession Number: 11-0180 Agency Case Number: C10-02-0596

To the Attention of: Roy Defriend Limestone County District Attorney's Office 200 West State Suite 110 Groesbeck, Texas 76642

FORENSIC DNA REPORT

ITEMS RECEIVED:

Received from FedEx (#843215526382) on January 27, 2011: 11-0180.1 Envelope labeled "Dakota York B1" containing swab box containing swab packet containing one swab

11-0180.2 Envelope labeled "Cassandra Monthey B2" containing swab box containing swab packet containing one swab

11-0180.3 Envelope labeled "Robert York B3" containing swab box containing swab packet containing one swab

RESULTS:

Human DNA extracted from items 11-0180.1, 11-0180.2 and 11-0180.3 was analyzed for fifteen (15) genetic loci using the Applied Biosystems AmpFISTR Identifiler system. The results from this testing are detailed in the following table.

*14 February 25, 2011 Accession Number: 11-0180 Agency Case Number: C10-02-0596 Forensic DNA Report

| Reference Item | Locus | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | D8S1179 | D21S11 | D7S820 | CSF1PO | D3S1358 | TH01 | D13S317 | D16S639 | | | 11-0180.2
Cassandra Monthey | 13,15 | 28,30 | 9,10 | 11,13 | 16,17 | 7,7 | 8,12 | 12,12 | | | 11-0180.1
Dakota York | 13,14 | 28,30 | 9,10 | 10,11 | 15,17 | 7,9.3 | 8,12 | 11,12 | | | 11-0180.3
Robert York | 13,14 | 28,30 | 8,9 | 10,12 | 15,15 | 9.3,9.3 | 8,12 | 11,11 | | | Reference Item | Locus | | | | | | | | | | | D2S1338 | D19S433 | vWA | TPOX | D18S51 | D5S818 | FGA | Amel | | | 11-0180.2
Cassandra Monthey | 24,25 | 14,15 | 16,18 | 8,9 | 12,18 | 11,12 | 21,21 | X,X | | | 11-0180.1
Dakota York | 20,24 | 14,14 | 15,18 | 9,9 | 18,18 | 12,12 | 21,21 | X,Y | | | 11-0180.3
Robert York | 19,20 | 14,14.2 | 15,18 | 8,9 | 14,18 | 12,12 | 21,23 | X,Y | |

CONCLUSIONS: The alleged father, Robert York, represented by item 11-0180.3, cannot be excluded as the biological father of the child, Dakota York, represented by item 11-0180.1.

Based on the DNA analysis conducted, at least $\underset{―}{99.9998\%}$ of the male population is excluded from the possibility of being the biological father of the child, Dakota York.

The observed genetic results are $\underset{―}{3,484,000}$ times more likely under the scenario that Robert York is the true biological father of the child Dakota York than if the father is an untested, unrelated random man from the Caucasian population.

The probability of paternity is $\underset{―}{99.99997\%}$ (Prior Probability of $\underset{―}{0.50}$ ) as compared to an untested, randomly chosen person of the Caucasian population.

The observed genetic results are $\underset{―}{4,685,000}$ times more likely under the scenario that Robert York is the true biological father of the child Dakota York than if the father is an untested, unrelated random man from the African American population.

The probability of paternity is $\underset{―}{99.99997\%}$ (Prior Probability of $\underset{―}{0.50}$ ) as compared to an untested, randomly chosen person of the African American population.

*15

February 25, 2011 Accession Number: 11-0180 Agency Case Number: C10-02-0596 Forensic DNA Report

The observed genetic results are $\underset{―}{82,020,000}$ times more likely under the scenario that Robert York is the true biological father of the child Dakota York than if the father is an untested, unrelated random man from the Southwestern Hispanic population.

The probability of paternity is $\underset{―}{99.999998\%}$ (Prior Probability of $\underset{―}{0.50}$ ) as compared to an untested, randomly chosen person of the Southwestern Hispanic population.

Statistical calculations are based on allele frequency data for the relevant populations as presented in Budowle B, Moretti TR, Baumstark AL, Defenbaugh DA, Keys KM. Population Data on the Thirteen CODIS Core Short Tandem Repeat Loci in African Americans, U.S. Caucasians, Hispanics, Bahamians, Jamaicans, and Trinidadians. J Forensic Sci 1999;44(6):1277-1286. Allele frequency data for D2S1338 and D19S433 was obtained from Budowle B, Collins PJ, Dimsoski P, Ganong CK et al. Population Data on the STR Loci D2S1338 and D19S433. FSC 2001;3(3).

The data obtained for this case will be submitted to the Texas Department of Public Safety for review and possible entry into CODIS.

All evidence will be returned to the submitting agency unless otherwise instructed. In the event that you have any further questions, please feel free to contact the laboratory at (817) 735-2143.

The above is the opinion of the undersigned, and this report shall not be reproduced without written or verbal permission.

Sincerely, Reclul Sucton Rachel Sutton Forensic Analyst UNT Center for Human Identification

Farah Plopper Forensic Analyst/Technical Reviewer UNT Center for Human Identification End of Report

*16

CAUSEN 12483-A-1

CCA CASE NO. WR-83 109-01

$X$

EX PARTE X EX PARTE

$X$

IN THE

$X$ COURT OF CREMENAL APPEALS

APPLICANT

$X$ STATE OF TEXAS

Defendants answer to all

Findings of Facts and Conclusions OF LAW

To THE HONORABLE JUDGE OF SAID COURT:

COMES Now, ROBERT FARREN YORK, APPLICANT INTHE AROVE STYLED AND NUMBERED CAUSE, AND RESPECTFULY MOVES THE COURT FOR AN ORDER GRANTING MOTION FOR DEFENDANT'S WRIT OF HABEUS CORPUS IN SUPPORT THEREOF, WOULD SHOW COURT AS FOLIOUS:

This said case is about defendants, attorney Bobby Reeds, ineffective assistance of counsel for failure to seek dismissal of the indictment. premisedon the state's failure to commence. prosecution within the time frame prescribed by law. THE CODE OF CREMENAL PROCEDURE, ARTICLE 12.01 (7), which provides, "three years from the date of commission of the offense".

*17 ALL OTHER FELONIES." Applicant was charged with committing the third (grab) degree. Felony of Fence of ProHrBiteO sexual Conduct in violation of Section 25.02, of the TEXAS FENAL CODf, of which is governed by Article 12.01(7), of the Code of Criminal Procedure.

1. Defendant, was out on bail for appiox imatey 356 days. If Defendant's Atrorney Bobby Reed, had filed any kind of motion on defendant's behalf, or objected to any evidence, or contacted any defense witness's or questioned any state's witness's, or Complaint's testimony, Said Defendant might Have gotten an acquitall at trial of a way better deal than defendant got. Defendant plead guilty because of attorney he had (Bobby Reed) told Defendant to, because he was not prepared to go to trial sitting in the Jury deliberation room across the Hall from Court room. Defendant was also told by his Atrorney, Bobby Reed, that he could not be on the witness stand nor could he have any witnesses on the stand. All of which is a Violation of Defendant's Constitutional rights under U.S. Constitution, and the TEXAS Constitution. This is a 2.

*18

U

Under the Inequality of Life, the U.S. government's government's government's government's government's government's government's government's government's government's government's government's government's government's government's government's government's

Wisdom of a defendant's right guaranteed by way of the SIXTH AND Fourteenth Amendments of the U.S. Constitution. ALSO, Why did the attorney for the defendant not answer the ineffective assistance of Counsel accusations in his on behalf. And where is his affidavit to defendant's accusations.

3 . EASley U. State, might have been mistated in this particular case, but it is the same in this case. IT is about trial counsel's failure to $\frac{\text{Geek}}{\text{tial motion. ALSO, in EXPaste ERIC MICHEAL}}$ HELMAN, This particular case is about tampering with a Governmental Record. It does argue Statute of Limitations and EX post facto Clause. Only the legislature can violate either the United States or Texas Ex Post facto clause, because, both are directed at the legislature, and not the courts. Defendant's case, is about the Case of STRIKLAND U. Washington, (1984).

Defendant never had a chance to even be recognized in court due to the erronious advice of his Counsel. ON January 3rd, 2012, Defendant did plead guilty to Prohibited Sexual Conduct which is a felony of the third degree and was

*19 Sentenced to a term of ten (so) years in the Texas Department of Justice. And yes, this was a plea bargain that was agreed to on the assumption that the Defendant would do Ten (so) To Twelve (so) years in prison and would be released and could still be able to live a somewhat decent life if he would take the deal on the ill advice of his ineffective assistance of Counsel Bobby Reed.

In the Case of the D.N.A. State's Attorney has brought up, there should have been an in depth, or Middo-Chondrial D.N.A. Done to make sure the Defendant is the true biological father of said Child. Instead the D.N.A. reads the defendant is the ALLEGED FATHER of Child. THE WORd ALLEGEDby definition has multiple meanings of which, one is-Accused, But not proven. There is also, the word-Questionable. Furthermore an indepth or midochondrial D.N.A. needs to be done to determine the true results.

*20

CERTEFICATE OF SERVICE

I, ROBERT FARREN YORK, do hereby Declare that on the date indicated below, at true and correct copy of the foregoing instument was sent to the limestone County District Attorney's office, and the TEXAS COURT OF CREMENAL APPEALS, By First Class U.S. Mail, Postage prepaid.

DATE: September 11th, 2015

Rubits Sarnen YORK Robert Fahren YORK TDCJ-ID #01770274 Huntsville Unit 815 12th Street Huntsville, TX. 77348