Case Information

*1

| | Cause No. 1428697-A | EX PARTE | | IN THE 184 " " "
COURT OF CHRIST
5 OF | | :--: | :--: | :--: | :--: | :--: | | | | | | | | | ERIC SAMUEL TUCKER, Applicant | § | HARRIS COUNTT; PEXAS | |

STATE'S PROPOSED FINDINGS OF FAGB, Acosta, Clerk CONCLUSIONS OF LAW, AND ORDER

The Court has considered the application for writ of habeas corpus, the State's Original 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 1428697-A, be dismissed for the following reasons:

FINDINGS OF FACT

1. The applicant is confined pursuant to the judgment and sentence of the 184th District Court of Harris County, Texas, in cause number 1428697 (the primary case), where the applicant was convicted by the trial court for the felony offense of aggravated assault against a family member causing serious bodily injury.
2. The trial court assessed the applicant's punishment at thirty (30) years confinement in the Texas Department of Criminal Justice - Institutional Division.

*2

1. The applicant filed a notice of appeal in the trial court on February 20, 2015. The mandate has not been issued.
2. The applicant's direct appeal is currently pending in the First Court of Appeals. See State's Writ Exhibit A, Case Information on case number No. 01-15-00274-CR from the First Court of Appeals website.
3. A $\to$ 5. The instant application does not comply with the contents by Rule 73.1 of the Rules of Appellate Procedure.

CONCLUSIONS OF LAW

1. A post-conviction application for writ of habeas corpus will not be considered when direct appeal of the applicant's conviction is pending review before an appellate court. Ex parte Brown, 662 S.W.2d 3 (Tex. Crim. App. 1983).
2. The instant habeas application does not comply with Rule 73 because the applicant fails to use the current form application prescribed by the Court of Criminal Appeals to submit his application for writ of habeas corpus and his grounds for relief. Tex. R. App. P. 73.1.
3. Non-compliance with the filing requirements stated in the Texas Rules of Appellate Procedure deems an application for writ of habeas corpus dismissible. Ex parte Blacklock, 191 S.W.3d 718 (Tex. Crim. App. 2006).

Accordingly, it is recommended to the Texas Court of Criminal Appeals that the instant application for writ of habeas corpus, cause number 1428697-A, be dismissed.

*3 THE CLERK IS ORDERED to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by Tex. Crim. Proc. Code Ann. art. 11.07. The transcript shall include certified copies of the following documents:

1. The application for writ of habeas corpus;
2. The State's answer and attached exhibit;
3. The Court's order;
4. The indictment, judgment and sentence, and docket sheets in cause number 1428697 (unless they have been sent to the Texas Court of Criminal Appeals pursuant to a post-conviction writ of habeas corpus order); and
5. The State's and the 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, Eric S. Tucker, #01983465 - Stiles Unit, 3060 FM 3514, Beaumont, Texas 77705; and to counsel for the State, Andrew Smith, 1201 Franklin Street, 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. 1428697-A.

*4

CAuse No. 1428697-A

EX PARTE § IN THE ${184}^{\text{TH}}$ DISTRICT COURT ERIC SAMUEL TUCKER, Applicant § HARRIS COUNTY, TEXAS

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 1428697-A to the applicant on October 13, 2015, by mail as follows:

Eric S. Tucker #01983465 - Stiles Unit 3060 FM 3514 Beaumont, Texas 77705

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

Texas Bar ID #24048100

Prepared by: Emily Patton - Intern

*5

*6

CRASE # 14 8 6 9 7

THIS IS THE ACTUAL WRET?

A CRIMINAL POST TRIAL WAS ACCESSED WITHOUT MY CONSENT. MY CONVESTING CONID USED A 2254 WRET THATS USED FOR FEDERAL REVIEW. INSTEAD, THAT 2254 WRET WAS SUBMUTTED AS AN 1/2.07 WRET, THAT BEING SKID THE PROCESS REACHED A FULL AND PRYSTON CRIMINAL POST TRIAL YEARS OXSMESSED THE CRIMINAL POST TRIAL (AS IMPRAPER APPLICATION) AND USING A HOW-FRCTUAL CLAIM OF NO UNRESOLVED ISSUES. THIS OPPOSLTHATY, WOULD OF BEEN PERFECT TO PRESENT THE COMPLASITANTS TRIAL EXCLVDED LETTERS, WET THIS PROCEDURE WAS ACCESSED WITHOUT MY CONSENT, HOB AUXRENESS TO PREPARE. I, DEFENDANT, DO NOT CRAEM THIS WRET AS FEEED EN THIS FASHION, THERE FORE MY STATE REMEDIES APPEAR TO EXHAUST THEMSELWES.

RESPETFULLY, TUCKER, ERIC. 1983465 STILES SOLO FM 3514 BERNIMNT, TX 22905

*7

INDEX POINTERS - - To LAY OUT PROOF

• DIFFERENT STATEMENTS * $~$ COMPARE TO TRANSCRIPPS $~$ A - AFFIGMET (SEEHNED) : "IM AFRATO OF THE RESPONDENT" $⟷$ T B- LETTER : "So You HOW IN NOT AFRATO OF You" R A - TRAAL: "I WASH IN LOVE, I ONLY HAD LOVE FOR HAM" I B- LETTER : "I WAS IN LOVE WITH You" A A - TRAAL: "SEX WAS CONSENTIAL" (I WAS UNUNSCOUS) L B- LETTER : SEX WAS FORLED" (I WAS UNUNSCOUS)
• COMPLAINTANTS LETTER STATE MENTS * $~$ MOTIVE $~$ "I KNEG (HAD A FEELING) WAY WERE CHEATING" X $\ll$ IN MY DRAILY I PIT THINGS IN THERE ABOUT YAR UNFASTA FULNESS" C $\ll$ I WAS HURT THAT YAN WERE SLEEPING WITH OTHER WOMEN" L $\ll$ YON MESSED OVER THE UROUG ONE" U $\ll$ EVE FOR AN EVE" $\ll$ I TOLD YOU FROM THE DESTINING NEVER LIFE, CMEAT OF DECEIVE ME AND E BE YOU'S BUT YON CONLDHT SA YAN PLAYED ME LTKE A FOD, HAN DES IT D FEEL HOH" $\ll$ SOME BODY HAY TO BE ACCANABLE" $\ll$ DONT TAKE IT PERSONAL" AND "YOUR FAVORTE ORINK DELIVM" I BELTENE YAN ARE A LEAR AND NOT "So" ("SOME") MUN THROUGHT" $\ll$ I HAVE ALWAYS STATED I DONT LIKE TO BE PLAYED FOR A FOD" " HEY, T H O T ?" ( THAT HOE OVER T HERE) $~$ AND YARIQUS STREES $~$

PUBLSE DEFENDERS OFFICE APPEL 1, 2054 (2055) COURT APPEAL ASSENTMENT $\ll$ ASSENTANT PUBLSE DEFENDER CHERIE DURCHAS CORRESPONDENCE OF INTRODUCTION CENERAL INFORMATION

*8 AND PROLIGWRES ON HANDLING MY REPERL CASE

JULY 14, 2014 (2015) ADOMONISTRATIVE ASSISTANT SUlta PATTERSON MAFLEO COMPLAINTANTIS LETTERS (IJE SENT TO THEIR OFFICE ON MAILW 25, 2015) BALL TO ME IN XEROXED CORRES, THEY HAVE THE ORGANIALS. THIS WAS THEIR ONLY RESPONSE

VODDON (TRIAL EXCLUDED) THIS IS INFORMATION ON HOW E.VIL VOODDON HATURE CAN BECOME

TRANSCRIPTS - - NOTE UPON RECEIVING AND VIEWING $f428697$ TRIALS TRANSCRIPTS YON SHOULD COME ACROSS THE EXHERIT LETTERS OF THE COMPLAINTANT (SAME HAND UNITTING OF THESE EXCLUDED LETTERS) SHOULD "MY VOODON HAD NOTHING TO DO WITH YON," THIEE. AND MORE INFORMATION ON VOODON ABOUT THE KNOWLEDGE OF PASSING AND HERBS (LALS:DAN VOODON- AFRICAN INFLUENCES)

HANDS CONITY PHONE RESENDS (TRIAL EXCLUDED) $4-15-2014-9-16-2014$ * DURING MY CLLIN OF PRASESSION COMPLAINTANT STATES HER VOODON HAD NOTHING TO DO WITH ME, DURING THAT TIME * OVER THE PHONE I REVERL MY RESEARCH OF WHAT VOODON IS ALL ABOUT THEN SHE PISHED HER PARTICLES BACK 3 YEARS ABO * NEXT SHE PUSHES PARTICLE BACK 9 YEARS TOTAL, NOW, BEFORE HER EX-BAYFRECHD OF 60 YEARS.

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1201 Franklin Street, 13th Floor Houston, Texas 77002 713.368 .0016 713.368 .9278 eFax

Harris County, Texas April 1, $2014\frac{5}{3}$ Mr. Eric Samuel Tucker TDCJ# 01983465 Holliday Unit, TDCJ 295 IH-45 North Huntsville, TX 77320-8443 Re: Cause No. 01-15-00274-CR First Court of Appeals Appeal of Cause No. 1428697 184th District Court State of Texas vs. Eric Samuel Tucker Dear Mr. Tucker, As you know, I have been appointed to represent you in the appeal of your conviction. I have received the many letters you have been sending me, and I will arrange a telephone conference with you soon so we can discuss your case in more detail.

As you probably know, the purpose of a direct appeal is to convince a higher court (the Court of Appeals) that a mistake was made in the trial court. If we can convince the Court of Appeals that there was a very serious mistake, then it could be possible to get a new trial or even an acquittal.

Please know that very few cases are won on appeal. Once a conviction happens, it is extremely difficult to undo. However, we always try our very best on every case to win the appeal. We care about our clients and will do everything we can to help your case.

What Happens on Appeal?

Nearly everything in an appeal happens on paper, not in a courtroom. You will not be able to be present for anything that happens on appeal. Courts of appeal do not hear new evidence or facts. They can only look at what already happened in the trial court and see if any serious mistakes were made.

Your appeal has been assigned to the First Court of Appeals in downtown Houston. Your appeal case number is $01-15-00274CR$ .

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The Timeline

Your sentence of 30 years in the institutional division, TDCJ, was imposed on February 18, 2015. Your Notice of Appeal was filed on February 20, 2015.

The Record

The court reporter will file the Reporter's Record of your trial with the court of appeals. The Reporter's Record contains nearly every word transcribed from the trial. The Clerk's Record has been filed. It includes the legal papers from the court's file (indictment, motions etc.).

The Briefs $\mathit{~}$ FILED AFTER DUE DISE $\mathit{\alpha }-18-20\mathrm{g}/s$

Once the Clerk's Record and Reporter's Record have both been filed, we have 30 days to file our brief. The brief is a written argument as to why you deserve a new trial. If needed, the court of appeals can give us more time to file our brief.

After we file our brief, it is the State's turn to file its brief in response to what we've argued. The State has 30 days from the filing of our brief to file its brief, and more time if needed. Many times we will also file a reply brief, in which we answer the arguments the State has raised.

Oral Argument

After all briefs are filed, the court of appeals then decides whether to hold oral argument. Oral argument is when both sides argue the case in person to the judges in the Court of Appeals, and the judges get to ask questions. Oral argument is not common, but we request it in most cases.

Waiting for a Ruling

Once the case has been submitted, we wait for a ruling. It is sometimes a long time before the court of appeals decides a case. The length of time depends on many things, such as how big the record is. It may take 6 months from the time the briefs have been filed, or it may take much longer. It's hard to predict.

The Opinion

At some point, the court of appeals will hand down a written opinion that either upholds your conviction or reverses it for a new trial. On rare occasions, the appellate court may even order an acquittal, but that is very rare. There are other possible results, like modifying or changing the written judgment in your case. Sadly, cases are not usually won on appeal. But it is possible and we will try as hard as we can.

Once the court of appeals hands down an opinion in your case, the losing side may file a motion for rehearing if it hopes it can convince the court to change its mind. However, this is not usually done. It really depends on what the court of appeals said in its opinion.

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Petition for Discretionary Review (PDR)

The next major step is called a Petition for Discretionary Review, commonly referred to as a PDR. A PDR is a paper asking the Court of Criminal Appeals to review your case. The PDR may be filed by whoever has lost the case at the court of appeals level. If no motion for rehearing has been filed after the court of appeals decision has been handed down, then the PDR is due 30 days from the date that the court of appeals hands down its opinion. Usually more time is requested for filing the PDR.

The PDR goes to Austin to the Court of Criminal Appeals, which is the highest criminal court in Texas. If that court grants your PDR, then it has agreed to look at your case and will require more briefs and papers. There may be oral argument, but the Court usually decides not to give oral argument.

The PDR is usually decided more quickly than the case was decided at the court of appeals level. It typically takes anywhere from 3-6 months for the Court of Criminal Appeals to decide whether it will grant or refuse a PDR. Most PDRs are refused and the court decides not to look at the case.

There are cases in which you may not have a valid issue to pursue on PDR. If we were to decide that there are no real issues to present to the Court of Criminal Appeals by a PDR, we will let you know immediately, and advise you of your rights with regard to filing your own. Once the PDR is finally decided, the direct appeal in your case is over.

More About Your Appeal

I will send you a copy of everything I file on your behalf, as well as any responses filed by the State and any replies we may file. Of course, I'll also send you any opinions or rulings that are given by the court of appeals.

If you have questions that this letter has not answered, then please feel free to write me again.

Assistant Public Defender $\mathrm{C}\mathrm{D}/\mathrm{i}\mathrm{p}$

*12

Mirrors represent doorways to the world of the dead.

Myths and misconceptions

Vodou has often been associated in popular culture with Satanism, zombies and "voodoo dolls". Zombie creation has been referenced within rural Haitian culture, ${}^{[46]}$ but is not a part of Vodou. Such manifestations fall under the auspices of the bokor or sorcerer, rather than the priest of the Loa. The practice of sticking pins in voodoo dolls has history in folk magic. "Voodoo dolls" are often associated with New Orleans Voodoo and Hoodoo as well the magical devices of the poppet and the $nkisi$ or bocio of West and Central Africa.

PleAs ReR $\Omega$ : The general fear of Vodou in the US can be traced back to the End of the Haitian Revolution (1791). There is a legend that Haitians were able to beat the French during the Haitian Revolution because their Vodou deities made them invincible. The US, seeing the tremendous potential Vodou had for rallying its followers and inciting them to action, feared the events at Bois-Caiman could spill over onto American soil. Fearing an uprising in opposition to the US occupation of Haiti, political and religious

The Affaire de Bizoton of 1864. The murder and alleged canibalization of her body by eight voodoo devotees caused a scandal worldwide and was taken as proof of the evil nature of voodoo even though the confessions that condemned the accused were obtained illegally by torture.

$\uparrow$

eites, along with Hollywood and the film industry, sought to trivialize the practice of Vodou. After the Haitian Revolution many Haitians fled as refugees to New Orleans. Free andienslaved Haitians who moved to New Orleans brought their religious beliefs with them and reinvigorated the Voodoo practices that were already present in the city. Eventually, Voodoo in New Orleans became hidden and the magical components were left present in the public sphere. This created what is called hoodoo in the southern part of the United States. Because hoodoo is folk magic, Voodoo and Afro-diasporic religions in the U.S. became synonymous with fraud. This is one origin of the stereotype that Haitian Vodou, New Orleans Voodoo, and hoodoo are all tricks used to make money off of the gullible. ${}^{[47]}$

The elites preferred to view it as folklore in an attempt to render it relatively harmless as a curiosity that might continue to inspire music and dance." ${}^{[48]}$

*13

Papa Legba and asks him to open the gate, and then one salutes and speaks to the particular spirit as an elder family member. Ancestors are approached directly, without the mediating of Papa Legba, since they are said to be "in the blood".

In a Vodou home, often, the only recognizable religious items are images of saints and candles with a rosary. In other homes, where people may more openly show their devotion to the spirits, noticeable items may include an altar with Catholic saints and iconographies, rosaries, bottles, jars, rattles, perfumes, oils, and dolls. Some Vodou devotees have less paraphernalia in their homes because until recently Vodou practitioners had no option but to hide their beliefs. Haiti is a rural society and the cult of ancestors guard the traditional values of the peasant class. The ancestors are linked to family life and the land. Haitian peasants serve the spirits daily and sometime gather with their extended family on special occasions for ceremonies, which may celebrate the birthday of a spirit or a particular event. In very remote areas, people may walk for days to partake in ceremonies that take place as often as several times a month. Vodou is closely tied to the division and administration of land as well as to the residential economy. The cemeteries and many crossroads are meaningful places for worship: the cemetery acts as a repository of spirits and the crossroads acts as points of access to the world of the invisible. [32]

Priests

Houngans (Male Vodou Priest) or Mambos (Female Vodou Priest) are usually people who were chosen by the dead ancestors and received the divination from the deities while he or she was possessed. His or her tendency is to do good by helping and protecting others from spells, however they sometimes use their supernatural power to hurt or kill people. They also conduct ceremonies that usually take place "Amba Peristil" (under a Vodou Temple). However, non-Houngan or nonMambo as Vodouisants are not initiated, and are referred to as being "bossale"; it is not a requirement to be an initiate to serve one's spirits. There are clergy in Haitian Vodou whose responsibility it is to preserve the rituals and songs and maintain the relationship between the spirits and the community as a whole (though some of this is the responsibility of the whole community as well). They are entrusted with leading the service of all of the spirits of their lineage. Sometimes they are "called" to serve in a process called "being reclaimed", which they may resist at first. ${}^{[33]}$ Below the houngans and mambos are the hounsis, who are initiates who act as assistants during ceremonies and who are dedicated to their own personal mysteries.

The asson (calabash rattle) is the symbol for one who has acquired the status of houngan or mambo (priest or priestess) in Haitian Vodou. The calabash is taken from the calabasse courante or calabasse ordinaire tree

Ceremonial suit for Haitian Vodou rites, Ethnological Museum of Berlin, Germany. which is associated with Danbhalah-Wédo. A houngan or mambo traditionally holds the asson in their hand along with a clochette (bell). Inside of the asson are stones and snake vertebrae which give the asson its sound. The asson is covered with a web of porcelain beads. [34]

*14 They TROT

As me a Carer and Stop writing me your Dollshit lies. You just want to put the blame on someone or some thing instead of yourself, well I'm not buying so Save it for the next 8. Ich. I told - Horne you from the beginning never lie, cheat or deceive me and be 100 go but o yow. couldn't so you played me like a Bad. Horne - How does it feel now. Stop asking me for help with your case. I don't care - how much time you get. Plus for the - What HepE but me through you deserve. So 99 yrs. Horne - You Puck up and cure the wrong one. I Horne As yous self some good boy saying a prayer and God will come through for you. I cant held you and I really don't want to. You travel to take me like so now do Your time, you disabled me hand so stop thinking that I'm going to change my mind about you that want happen. You just looking for anyway to cup out but You did this so deal with it, you should out let't me alone a long time ago but as you choose to play game with

*15 MUTIVE - my mind and heart. I warned you but you don't listen so you did this to yourself. I don't trust this! you have to say and could careless. Save your paper ready I don't want to read it either. 25. Do only others as you want them to do unto you, (cous that's in the Bible as well?) (2) To eye. Do in eye (in the Bible). 25. You never helped me do shit so stop asking you only did. I'd benefited. You You can't manipulate my mind to do shit so save the Voodoo talk.

It was all You 5-15-14 now. stop trying to convenient yourself if I wasn't, well take care. Prelll.!

Write to your other Biltches, we have nothing to talk about. Save.

*16 out of my fortune cookie! 250100005 Greatest deal of all is the man who feels himself. My emotions are all over the place and I don't trust you as a person. You really let me down with your ignorance and not dressing up to your actions. It always someone or things fault, I am how you can't. I'm something. I pray every day for my family; you, me and my health so there's davours or any damnation things in one so you can kill that talk. I never wish bad or harm to you cause I never wanted to see my lover, partner, friend ever doing wrong in life but you let your anger get the best of you. You throw yourself away - when you touch me in a unloving way as don't put that on me and when it's time for my judgement day I will be fine regardless if I do of don't understand what you say. I don't need a glimpse of nothing you shouldn't go searching for shift you don't understand and should leave a phone. I think you better find your ghost or evil entity to put in front of the judge, attorney's and people of the court cause 2 to 10 is a long time. So you know I'm not afraid of you of anything cause I have God on my side. But at all times and in takes and care of me.

*17 LXE - On or about May ${14}^{\text{th}},2014$ the Respondent and I had an argument because of his jealous and $*$ - controlling behavior. I texted the Respondent telling him that I was going to bed because it was late. The Respondent did not respond. I locked the deadbolt lock. While I was lying in the bed asleep, the Respondent woke me up standing over me. This scared me because I did not know how he was able to get in with the deadbolt. I got up to see how he was able to get inside. The Respondent stated he thought that I was cheating on him. Instead of calling me to take off the deadbolt like he usually does, he broke off the lock and came into the apartment. Previously, I told the Respondent that he needed to stop abusing his drugs that he was using because his behavior was changing (paranoia). The Respondent had been abusing synthetic Marijuana and mixing it with an herb called passion flower. The Respondent had also been consuming large amounts of Delsym (couch syrup).

HES $\to$ I am afraid of the Respondent. The Respondent constantly accused me of cheating on him with other men. The Respondent is unstable and unpredictable. The Respondent abuses synthetic marijuana, over the counter medication (Desylum-cough syrup). The Respondent has been convicted of possession of marijuana and other controlled substances. I believe the violence will continue unless a Protective Order is granted.

I, the undersigned, state under oath that I am the Affiant, that I have personal knowledge of the facts and allegations stated herein and they are TRUE and CORRECT to the best of my knowledge and belief.

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned Notary Public on the $$ day of $$ $20.\mathrm{H}\mathrm{f}$ .

*18 1201 Franklin Street, 13th Floor Houston, Texas 77002 $713.368\mathrm{.0016}$ $713.368\mathrm{.9278}\mathrm{e}\mathrm{F}\mathrm{a}\mathrm{x}$

Harris County, Texas July 14, 2014 3 Mr. Eric Samuel Tucker TDCJ# 01983465 Stiles Unit, TDCJ 3060 FM 3514 Beaumont, TX 77705 Re: Cause No. 01-15-00274-CR First Court of Appeals Appeal of Cause No. 1428697 184th District Court State of Texas vs. Eric Samuel Tucker Dear Mr. Tucker, I have enclosed copies of the letters that were received in our office as per your request.

JP/jp

*19 You can call me Kim not, Body, mama sort? Hey Ene, I do agree to us never getting back together. ever, I just wouldn't feel safe. Now I don't want to be a car relationship with palkalegical law, unstable, chess player and cheater who cons. less chast may feel as me. I have always stated that I don't like to be played for a fool and now did just that by players on my emotions. I feel you could of just left me alone and not hurt me like you did emotionally physically, psychologically and my heart. You asked "Do I have time but of credit"; well the answer is no. I wasn't back by the D. 101101 was finding out you finally after women play you didn't use protection so you put my life Here $\to$ at jeopardy. I hrowhod a feeling you was cheating but you constantly occured me, for want leave my place and go across towns you'll really to your other two room and come back. Smiling in my face, To me that was some shady shit and I wasn't the reason you come back to London. In my diary I place things in there in know I was feeling out on a dig. but about how you were being unfriendly and infallful.

*20 You right? do with you tell me? The face of the earth, right now, You really hurt me real bad tric and I don't know how to despore to your actions this time. I never thought it would ever get this bad but I thought wrong, but. You can't imagine the pain you have put me through these poor weeks. I don't know what - you were thing all what happy, all I know is you need to get some help for what ever - is wrong with you demonic or personal. I -* - was in love with you and I didn't deserve - what you did to me, I have always treated - you nice and cared about your to the foolest. Why should you enjoy "the Poets" when you turned my life upon side down. They were - - ohle to put my ear back but I will nerve how the same, my hand is still mesged up I my never feel or have sure I'm Rimgers, You have cast me a lot, I never thought I would be working to a niyg, to fall again and we talked about this in the post, I can't sleep at night, I cry every time - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I - I

*21 (3) had things happening to you. You ready to get out smoke. That is all shit. and drink dalsy my alle. I told you. about the side effects. You hard headed and that way in life will get you nowhere but just. I do not have to be there for you that next week that has nothing to do with me, meaning. I have no control over that case. (not lestifying) I believe you a morve - like and not some much I accented like it. Very. I wish you the best and I will pay for you and you case. I don't want to see you in jail but like I say that's up to the way or gudge. I know you looking at it on time but - I hope you get over these type of predicaments.

As not sending the affidout $t$ not call, text 7010 morve - PSS. I hate you ended things like this. you have hurt me and somebody have to be accountable for my pain as a daily basis. It's one thing to punch, swabin, York than cut, break. Surgeese is a whole rather level. backing

*22 paying me back hot you could give a shit. You only wanted what you could get for. free and with ease. So stop asking me to do shit for you. 202 you never have done anything I can't do myself. I man helps in his relationship never take from, only add to. I credit that you put some food in the refrigerator + freezer that we could eat but that was it and all you did but I could do that myself. You have damaged my apartment which I have to pay yet again. If I came off as arrogant that's only because I like my shit in order, clean nice which you have showed that you have no value of in lifestyle. I allowed you to slid unfairly you know, but I don't say I can't any more and where I please don't take it personal. You shouldn't have - we they are - to put someone in a head lock and force them to have sex with you and if they say stop - their knewness, youdressing, see - that's what you should do. You always think your dick can get you out but not this time. You have no reason to call yourself a "God fearing man" 202 you are not, you keep saying you would put your hand on me and you did just that so on your behavior as a boy in a man's body, - My family doesn't want your apology, you shouldn't - have done it now my dad wants me to leave

*23

1. Real talk

Devon Frider sun A short Athemaf 120 Franklin St. Suite 2160 Hountrn 18, 77002

I can't write a affidant cux I Pael like you playing me again just to get this. Now I can make a suggestion on how I would like for them the consecute you like how many years, and then, I think Most! what is D115, I am said. I sure at she's hanating the criminal case and the civil case. Just when you asked them or write or have your Laypox ask the D11 if they would consider asking me what so would like to happen to end this case. Do not tell them you been $\star$ - contacting me cux you could get in to even bigger trouble and I don't want that. for you plus a small piece want to believe you bit if I shall know.

Routest wishes and take care Find don't lie to can rather.

*24 3/4/2015/mailed

• I remember you saying you smelled something
• when we were talking, but I don't know we you have done to much at this point and said to much I don't know what to believe then you. You can suppose to protect me and never hurt me. I trusted you to care, help, love and you couldn't do either. And by the way, maybe you need to ask your other goo in the blue boy shocks and
• white shif on her face to help you as well.
• I don't appreciate being played like a fool and I always say "whats in the dark will come to the light" which would you put a picture of another woman with you giving her hickens one you in her foon on a device
• that I gave you that dates everything?
• You're worried about what the look I'm doing
• and I find out it's you that's the SLiST!
• I'm not stupid or slow that's the second long of condures you been through each think
• you need to use your paper + words on her

• Cust I don't help Roman dogs.

• write to your other boaloady half whatever!

• 28.5. York You for that.

*25 You never own up for anything you do, you - edways have an excuse for your actions. You think going to trial one falling from you was possessed in some, to work then that - can you because the end result is still time or crazy, never you choose. I hate t reling this shift over and over again and having to tell people my boy I had did this where $\star$ to me. I will never be so EWEL to anyone cue I love everyone no matter what they do but your just is evil person to try - we - and hurt/kill me for no reason. I was - going to break up with you that night - can said some things and did something - to me but you could take it. I'll - any faint in a relationship were I have - to put me hands on another person I would not leave but no you can't do that, HUH! I - you would hurt me if I broke up with - you and you would beat me up and pick - your stuff and legive before I come to - but I guess your favorite drink delsym slavede - you down from leaving me for dead Huh! - - I never thought you would but you - you always could not you but rain enough

*26

DÉsignation OF REPORTER'S RECORD

ERIC TUCKER, Defendant, requests the court reporter to prepare an official Reporter's Record to be used in the appeal of this case. Defendant designates the following material to be included in the Reporter's Record:

1. A complete transcript of the trial on the merits; any punishment hearing; all pre-trial hearings and conferences; jury selection, including any challenges or objections made at the bench; opening statements; closing arguments; all bench conferences; all objections to the charge and rulings on objections; all conferences about proposed charges and rulings on them; and all objections, rulings, and any other proceedings that occurred in the above-referenced case.
2. All exhibits admitted during any proceeding; and all exhibits which were the subject of any offers of proof.
3. All juror information cards for the full venire panel, if they are not part of the clerk's record on appeal.

*27

If you have notes for anything else that occurred on the record, please include those, too. ERIC TUCKER is indigent. The cost of preparing the record will be paid by the State.

A pauper's oath on appeal has been filed and approved. If you have any questions, please do not hesitate to contact me at 713.368 .0016 . Thank you for your assistance in this matter.

Respectfully submitted, Alexander Bunin Chief Public Defender Harris County Texas

CHERI DUNCAN

Assistant Public Defender Harris County Texas TBN 06210500 1201 Franklin ${13}^{\text{th}}$ Floor Houston, Texas 77002 713.368.0016 (phone) 713.368 .9278 (fax)

CERTIFICATE OF SERVICE

I certify that a copy of this Designation of Reporter's Record on Appeal has been served upon the State of Texas, Harris County District Attorney, at 1201 Franklin, $6^{\text{th}}$ Floor, Houston, TX 77002 on $\to$

*28 HCDistrictclerk.com The State of Texas vs. TUCKER, ERIC SAMUEL (SPN: $01773435)$ Cause: 142869701010 CDI: 3 Court: 184

| WITNESS | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Subpoena
ID | Status | Name | County | Request
Date | Issued Date | Summoned By | Served
Date | Return
Date | Return Type | | 137128 | Returned | Custodian, Records | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&1/9/2015\&7.21\mathrm{.00}\mathrm{A}\mathrm{M}$ | Executed | | 137129 | Returned | Custodian, Records | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&1/9/2015\&1:52:00\mathrm{P}\mathrm{M}$ | Executed | | 137160 | Returned | Owens, J. | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&1/9/2015\&7.17\mathrm{.00}\mathrm{A}\mathrm{M}$ | Executed | | 137161 | Returned | Examiner, Fingerprint | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&3.36\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137162 | Returned | Ramos, J. | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&1/9/2015\&7.17\mathrm{.00}\mathrm{A}\mathrm{M}$ | Executed | | 137163 | Returned | Chen, C. | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&\text{1/9/2015}\&7.17\mathrm{.00}\mathrm{A}\mathrm{M}$ | Executed | | 137164 | Returned | Eisemann, Bradley | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137165 | Returned | Scott, Bradford | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137166 | Returned | Scully, Brandi | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137167 | Returned | Cate, Casey | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137168 | Returned | Tsai, Peter | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137169 | Returned | Sun, David | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137170 | Returned | Gordon, Steven | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137171 | Returned | Brown,
Rodger | Harris
County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137172 | Returned | Kaufman, Yoav | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137173 | Returned | Freeman, Philip | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137174 | Returned | Schlesgincr, James | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&2.35\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | 137175 | Returned | Coats, Steven | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/9/2015$ | $\&1/9/2015\&9.58\mathrm{.00}\mathrm{A}\mathrm{M}$ | Executed | | 137176 | Returned | Custodian, Records | Harris County | $1/7/2015$ | $1/8/2015$ | Peace Officer | $1/8/2015$ | $\&1/8/2015\&3.33\mathrm{.00}\mathrm{P}\mathrm{M}$ | Executed | | $\to 137479$ | Returned | Lockett,
Kimberly | Harris County | $1/8/2015$ | $1/9/2015$ | Peace Officer | $1/16/2015$ | $\&1/16/2015\&10.39\mathrm{.00}\&\text{AM}$ | Un-
Executed |

*29

CINE # 14286 9 7

Complaintents in excited sVebron

176.8 state const moderate

fricure by any person without adequate cause to obey a SUgRgRnA URn that person may be cEemed a content of the const from which the sugrgRnA is seRyE, and may be punshed by free or confenerent, at both

• Complaintent letters; proof of confession to the sugrgRnA, which in capital letters and generally

DEEFFERENT

$~$ Complaintent refertions that is in not surprise to know $~$ Complaintent util more than likely abmet written: the LETTERS IF ASKED

• Complaintent $~$ many false projections $~$ Lifes // PELTURY $~$ MOTIVE OF OFFERSE

15T LETTER EXAMPLE:

(Berth HUft) - "FINDING ON YOU WERE $F_{n-6}$ (FALGE PROTECTION) OTHER USMEN AND DISONT USE PROTECTION PUTTING MY LIFE AT SEOPAROY"

2ND LETTER EXAMPLE:

"c In Not Slow or StUft that: the 2ND BAG OF CONDANS YOU WENT THRONCH"

*30 SED LETTER EYAMPLE: " YOUNG ALWAYS SAID THAT YOUNLLO HUT ME IF I BOKE UP WITH You...." (False Projection)