Case Information
*1 C I e w-1< of -th2 Court
Court of Cr;m;no..l App~ole
P.o.Box t2.3o8 Aus--b n, Texas 7811 I ~rECEIVED ~~
OO!mT OF CAIMINAL APP&J,S NOV 02 . Wo...v--.re'l'l P;ev-rcg Co..-V'la.cly
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OY'\ Se..pte;-nber 1, 201~ th& d:etb-;ct cterl<.s offlc~ filed the. Q.bov<e refere-nced o.pplico..t:Oo for vvlf':t of ho.baa..s corpus. T~.Code Cll"'.t.-n, Prcc. Art • I ('4 __ , . . . . . . J 1.,.01 (enctc9~cl). Or. 9Gpt'embeV" 15,2015 the st:o:t.e Ttlca tts o;r•g•no. o..ns~ev- . , • . ~ (e "''closed). On 9GpteV'C"'Ibe-r 24. 20t5 the 9ta.i:a trH~J court vssuc=d o-t:e o•igi."'o.l Ckt'\9W13:J"" (not. enclosed).
Afte~ both sto.tcs a..nd tr7Qt cour-t ha..ve been served o.rd CU"lS'V\/G.tred, the ct'i.st,-;ct cler~~<. hn.e o.. •-nin:stc:2.:r:al duty to fovvo..lf'd ~ o..ppl;co.tlconto the Cou.-t of c-r;,'(); ."lo.l Appea.fs fo...- thaar C0-()9 .. tdei'"o.tion pui'"9uo..nt. tc A'rt:.. I, .0'"7, § 3 ret T.. c. Cr. P.roc.
Bct.eed o~ '/our OctobGr 1'-f, 2015 corf"e5ponde~ce.,.the distrtci: Clev-~ ho..e e;the.v re..fu9ecl or- -fo..IIBd to cor-n ply vv:t:n ite eto.tutory r12qu:re ~ent.e tenctceed).
I S<2s..k your inte.rv~ntAon.,.to compel the d;stv-~ci:. clev-K to fowClrd my o...pp(:ca.t.~n to the Cour-t of Cnrn~l"'\~l AppeQiso
·--~ CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK September 4, 2015
WARREN PIERRE CANADY
# 723784- ELLIS
1697 FM 980
HUNTSVILLE, TX 77343
RE: CAUSE# 1276450-E
248th District Court
Dear Applicant:
Your post conviction application for Writ of Habeas Corpus was received and filed on 09/01/2015. Article .11.07 of the Texas code of Criminal Procedure affords the State 15 days in which to answer the application after having been served with said application. After the 15 days allowed the State to answer the application, the Court has 20 days in which it may order the designation of issues to be resolved, if any. If the Court has not entered an order designating issues to be resolved within 35 days after the State having been served with the application, the application will be forwarded to the Court of Criminal Appeals for their consideration pursuant to Article 11.07, Sec. 3(c) of the Texas Code of Criminal Procedure.
The records of the office reflect the following:·
CAUSE NO. PETITION FOR WRIT OF HABEAS CORPUS DISPOSITION 1276450-A 04/03/2013 DISMISSED 1276450-B 01/09/2013 DISMISSED 1276450-C 07110/2013
07112/2014
A!!_ future correspondence should indicate the above listed cause number.
~~~"''Uarcia, Deputy
inal Post Trial
CC: District Attorney
Judge, Presiding Court
120 I FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 PAGE I OF I REV. 01-02-04
CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK 2 ;:· September 16, 2015
WARREN PIERRE CANADY
# 723784- ELLIS UNIT
1697 FM 980
HUNTSVILLE, TX 77343
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed copies of the documents indicated below concerning the Post Conviction Writfiled in cause number 1276450-E in the 248th DistrictCourt.
C8::] State's Original Answer Filed September 15, 2015
D Affidavit
D Court Order Dated
D Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
o a a Garcia, Deputy
Criminal Post Trial
~----..- rg
Enclosure(s)-
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577 PAGEl OF I .' ··REV: 01-02-04 *4 ,.
FILED Chris Daniel
District Clerk CAUSE NO. 1276450-E
SEP 15 ' ' § IN THE 248th DISTRJCT COURT EXPA~~--~~~~~-
IBY, __ ---;i;~~~l..._ § OF \V'ARREN PIERRE CANADY § HARRIS COUNTY,TEXAS
Applicant
STATE'S ORIGINAL ANSWER The State of Texas, by and through its Assistant District Attorney for Harris County, flies this State's Original Answer in the above-captioned cause, having been served with the original application for writ of habeas corpus, pursuant to TEX. CODE CRIM. PROC. art. 11.07 (West 2015), and would show the following:
I. On January 11, 2011, the applicant was convicted by a jury of the felony offense · of credit card abuse in cause number 1276450 in the 248thth District. Court of Harris County, Texas. The trial court judge assessed the applicant's punishment, enhanced by two prior convictions, at confinement for five (5) years -i-n' the Texas Department of Criminal Justice- Institutional Division.
The Fourteenth Court of Appeal delivered an unpublished opinion affirming the applicant's conviction on February 2, 2012. Canacfy v. State, No. 14-11-00073-CR, 2012 WL 354185 (Tex. App.- Houston [14th Dist.] 2012, no pet.) (mem. op:, not designated for publication).
The Court of Criminal Appeals dismissed the applicant's first~ second, and third applications .for writ of habeas corpus, Cause Numbers 1276450-A, 1276450-B, and . 1276450-C on April 3, 2013, January 9, 2013, and July 10, 2013, ·respectively. The Court of Criminal Appeals denied the applicant's fourth application for writ of habeas corpus; Cause Number 1276450-D, on July 23, 2014. Ex parte Canac!J, WR-30,119-25 (Tex. Crim, App. 2013); Ex parte Canacfy, WR-30,119-24 (Tex. Crim. App. 2013); Ex parte Canacjy, \"V'R- 30,119-26; Ex pmte Canacfy,\"V'R-30,119-31 (Tex. Crim. App. 2014).
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 claims actual innocence of the enhancements and an illegal sentence as his first and second grounds for relief in the instant application. Applicant's Writ at 6-9. However, if a subsequent writ application is flied after final disposition. of an initial application challenging the same conviction, the Court may not consider the merits of or grant relief based on a subsequent application unless the application contains sufficient specific facts establishing that:
(1) the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application flied under this article because the factual or legal basis for the claim was unavailable on the date the applicant flied the previous application; or · (2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.
TEX. CRIM. PROC. CODE ANN. art. 11.07 § 4(a) (\Vest 2015) (emphasis added).
The instant writ application was filed after the final disposition of the applicant's first, second, third and fourth writ applications, cause numbers 1276450-A, 1276450-B, 1276450-C, and 1276450-D, wherein he challenged the merits of the conviction and sentence in the primary case. The first, second and third applications were dismissed, and the fourth was denied without written order by the Texas Court of Criminal Appeals. In the instant application, the applicant fails to include sufficient specific facts establishing that the current claims could not have been presented previously because the factual or legal basis for the claims were unavailable; or that, by a preponderance of the evidence, no rational juror could have found the applicant guilty beyond a reasonable doubt. Therefore, the Court may not consider the merits of or grant relief based on the instant writ of habeas corpus.
Based on the totality of the circumstances, the applicant's instant writ application should be dismissed.
III. The applicant raises questions of law and fact that can be resolved by the Court of Criminal Appeals upon review of official court records and without need for an evidentiary hearing.
IV. Service has been accomplished by sending a copy of this instrument to the applicant at the following address:
Warren Pierre Canady
TDCJ-JD. #723784- Ellis·
1697 FM 980
Huntsville, TX 77343 ·
SIGNED this 14th day of September, 2015.
A~lly;;;:z
Sheila Hansel Assistant District Attorney Harris County, Texas· 1201 Franklin, Suite 600 Houston, Texas 77002 Texas Bar ID #24078624 (713) 274-5985 (713) 755-5240 (fax) *8 CAUSE NO. 1276450-E EX PARTE § IN THE 248th DISTRICT COURT OF
§ HARRIS COUNTY, TEXAS WARREN PIERRE CANADY § Applicant·
CERTIFICATE OF COMPLIANCE UNDER TEX. R. APP. 73.1(0 The State of Texas, through its Assistant District Attorney for Harris County, file_s 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 Stat~ certifies that the number of words in the State's Original Answer is 826.
Signed this 14TI-I day of September, 2015.
Respectfully Submitted, ~d~~svL
Sheila Hansel Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 274-5985 Texas Bar# 24063791 FIL~D Chris Dante\ District Clerk SEP 151.0\5
5 *9 .•· . .
., .•:: STA.Te Of' TEXAS COUNT'-{ OF HARRIS
SHARON KELLER ABEL ACOSTA COURT OF CRIMINAL APPEALS PRESIDING JUDGE CLERK (512) 463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS AUSTIN, TEXAS 787I1 SIAN SCHILHAB CHERYL JOHNSON GENERAL COUNSEL MIKE KEASLER (512)463-1600 BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
·october 14,2015
Warren P. Canady #723784
Ellis Unit
1697 FM 980
Huntsville, TX 77343
RE: Trial Court Case #1276450-E
Dear Mr. Canady:
After a thorough search of our records, we find that you do not have a Writ of Habeas Corpus filed in the Court of Criminal Appeals at this time. If you have any further questions or concerns, please direct them to the District Clerk in the convicting county where you originally filed the application.
I am herewith returning your documents.
AA/kd
Enclosure
SUPREME COURT BUILDING, 201 WEST 14TH STREET, ROOM I 06, AUSTIN, TEXAS 78701 WEBSITE WWW.CCA.COURTS.STATE. TX. US