Case Information

*1 COURT OF LERIMINAL ANteNALS OF TEXAS UNIVAL 12-01

Frederick Jerome Crumbler, RODIANier Honorable Judse Maria T. Jackson, Rescendent IN 339th District Court of Harris Cawth RECEIVED IN COURT OF CRIMINAL APPEALS MAR 272017

CALSE NO. 1535005

Abel Acosta, Clerk

WRTT OF PROHIBITION

Pertitioner present the Honorable Court of Criminal Area B of Texas which this wirt of the Prohibition and its authority to be issued when the 339th District Court Judse Maria T. Jackson insurport rettitioner shows the followings:

• wirt of Prohibition needs to be bave when Disfict Judse Maria T. Jackson to present the Lebse from undating a Rindamentally defective insdishment that will by all means of it uses;
• wirt of Prohibition needs to be issue when Disfict Judse Maria T. Jackson from Bithir bkiins and action under case-number 1525005 where the trial is with subject matter jurisdiction and has no authority to act;
• wirt of Prohibition needs to be issue when Disfict Judse Maria T. Jackson for taking consideration of the pretitioner's motion to Cursh Just to remove the petition from the trial docket bettet and refuse to grant full relief as received under [while VSTate 587 Sw. 201 H or Article 328.02 se/1];
• wirt of Prohibition needs to be issue but when Disfict Judse Maria T. Jackson to stop all Prosecution under case number 1525005 where the Disfict Judse is with and authority to act other than abcharger the case number from the Court doss and abcharger the petitioner from all aetext action under the case 1525005 from Confinement.

*2

• Wint of Prohibitiens Needs to sssoe wom Distinct Judge Miarta T. Jacksonl where it is Prohibit to hold a Person[the Petitioner] in Contineiment w a void inadictment, atatue and where the Court is wothout the acrtherit to act.

Petitioner from that the Honorable Justice Court of Unmined Atmes of Terms issue wom Destruct Judse Marta T. Jackoont the followitios wret of Prohibition shown above to compietity stof all the wroms th can be under a findamentally defective inadictment and futhor first all the future action stof whider exome number 1525005 and be compites moved from the Petitioner's regads to prevent and harm. $\frac{3-20-2017}{Date}$

STATE OF TERMS Countrt of Harris Frederick Jerome Cumbles, beins doth swort, under oath sass: "Ia tho Pettitioner in this action and know the conterts of the above application for wint of Prohibition and a scowdins to my belief, the facts stated in the arlicat are true"

SUGscR LEEO AUG SUOON TO BEFORE ME THIS 2 L DAY OF MENE

*3 LONNT OF CKEMENHAL OF AMERALS OF TEXAS Frederick Jerome Bembler, Retitioner v.

Distriet Judee MariaT. Jackson Kewendrad. LAUSE NO. 1525006 PRA: $◻$ Retribution from that the Honorable Lour of Criminal Amorale of Texas grant relief under the cause and ground before where retitianer do not deserve the treatment the trial coutr is triven to force work me, where the district Judee Maria T. Jackson is without the authority to act in this cause of action and under the State she is trying to instead own me of Lord-You have the power to correct these you gave power to Isdse correctlls and when miscared of that power you correct them and show them where they are concent-wions. We are Hemans under your eyes and which of Lord- and we are entitled to make mistake, that why we called work you o-Lord for for correctness and sundress Retitianer You for relief it-may March 20, 2017 Frederic IIllis

*4

CAUSE NO. IS2500S

PAlper DAtH

Now Come Frederick Jerome Cumbley, Applicants, who dep and sass: That he is a citizen of the United States, he is Applico in the above and bressing action and he feels he has a sood and Jost an alactioul that he is an ined isent person without forats and he is therefore unable to for the costs of prosecting the above and bressing action or give securth therfor and the reeonits thes Havorable Loart's Permissioat proceed in forma Paveris.

Frederick Jerome Cumbler A.B. Applicant

The state of Tews Countr of Hants believe me, the undersisned authority on this day prosatally afeared A.B. who stated on oath that the firesom Paver's oath is true and cored

*5 Lour of Terminal Awards of Texas Frederick Ennobler, Retitianer Dirtut Jude Maria T. Jackson, recientant CLOSE No 1525005 Retitianer present the Honorable Court of Criminal Reports of Texts with the following Exhibits A-E in support of his 900 onde for relief.

Exhibit-A- motions for sneede Trial filed by retitianer and Attannet Exhibit-B- Indictments, Inclimations, Complaint and Allidould where the record shows the fundamentally defective inididment the Post conviction offence. Bestart of a Buildings creve number 1001432 in the 174th district Court of Harris County, where Post Avar Convictions. Buslary of a moty Vehicle creve Prioritistion 2591079 is recised in the Present Tucketor 1525005 as a Buslark of Habitation under the creve Prior Convictions 2591079. Exhibit-C-motions to Cursh the Enhancement Paranash filed in the creve number 1525005 where the District Joche Maria T. Jackson was and is without acrthority to undo a mollif, fundamentally defective iniditement and tried to recised under at 346.0700 m . Retitianer was good from trial decket after the 10109 of this motions and not sranded full relief. Exhibit-D motions to set aside Indictment fited after the 10109 of motions. Cursh where after the 9 rant of the pre-trial motions to Cursh, bishid Jude Maria T. Jackson will be without the authority to act, and the acrthority act under At 346.0700 m , where the Court was without authority form start.

*6

Livd of Criminal Ameals of Texas Frederick Jermens Cernblert, Pettitioner v Distroct Jodne Marta T. Jackson Rewardend

Croses No. 1525005 Exhibit-E-Pettioner-Med resuotion for a motion Hearon on the pre-trial mation, I was told I was removed from the trial decked and set for abaration.

March 20, 2006

Pettitioner gays that the Horterable Loot of Criminal Ame of Tceas grand relief to the rettitioner, and the rettitioner Potherpans that the firesotins is sumered to the retationers cave of aotron. R. Pettitioner Rears for relief A-Maw.

March 20 1007

*7

DEFENDANTS MOTION FOR A SPEEDY TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Frederick Cundy L., Defendant in the above entitled and numbered cause, and would show unto the Court as follows: I.

The indictment voted against the Defendant in the above entitled and numbered cause was returned on

II.

The Defendant was arrested on $O\<t4$ , $2016$ and on said date was committed to the Harris County Jail Houston, Texas, to await trial on said indictment.

III.

At all times since his arrest the Defendant has been so confined, and during his period of confinement the Defendant has at all times been ready for trial. The Defendant has heretofore requested that the above entitled matter be brought to trial. Defendant claims his right to a Speedy Trial under the United States Constitution, 6th Amendment and Art. $1\&10$ of the Texas Constitution.

1. See, C.A. Ark. 1977, 564 F.2d 249, duty of State to make a diligent, good faith effort to bring accused to trial upon his demand, is particularly strong when accused is incarcerated.
2. Jaramillo vs. District Court In and For Rio Grande County, 1971, 484 P. 2d 1219, 174 Colo. 561. Right. under this amendment to a speedy trial is not only for the benefit of the accused but also for the protection of the public; it is essential that an early determination of guilt be made, so that the innocent may be exonerated and the guilty punished.

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1. See: Courtney vs. State (Cr. App. 1971) 472 S.W. 2D 151. Purposes of constitutional right of speedy trial are; to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation, and to limit possibilities that long delay will impair ability of accused to defend himself.
2. McKinney vs. State (Cr. App. 1973) 491 S.W. 2d 404. Defendant's right to a speedy trial began upon his arrest approximately three months prior to return of indictment.

WHEREFORE, premises considered, the Defendant prays that this Ccurt grant this Motion for Speedy Trial in all things sought therein.

Respectfully Submitted,

"L (INSERT NAMEANDINMATEIDENTIFYING NUMBERFROMTEXASDEPARTMENTOF CORRECTIONS OR COUNTYIAIL), being presently incarcerated in (INSERT TEXAS DEPARTMENT OF CORRECTIONS UNIT NAME OR COUNTYIAIL NAME) in $\to$ County, Texas, declare under penalty of perjury that the for going is true and correct.

EXECUTED ON (DATE) $\to$ (SIGNATURE) $\to$ (SIGNATURE) $\to$ (SIGNATURE) $\to$

ORDER

On this the $$ day of $$ , 20 $$ came to be heard by me, the Defendant's Motion for Speedy Trial, and it appears to this court that this motion should be

GRANTED: $$ . DENIED: $$ , and it is so ordered

*9

THE STATE OF TEXAS VS. FREDERICK J. CRUMBLEY 13455 WOODFOREST BL #131 HOUSTON, TX 77015

NICIC CODE: 520303 FELONY CHARGE: FELON IN POSSESSION OF FIREARM CAUSE NO: HARRIS COUNTY DISTRICT COURT NO: FIRST SETTING DATE:

01024878

SPN: DOB: BM 10/05/1971 DATE PREPARED: 9/26/2016

RELATED CASES: BARL: SNO BOND PRIOR CAUSE NO:

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

Before me, the undersigned Assistant District Attorney of Harris County, Texas, this day appeared the undersigned affiant, who under oath says that he has good reason to believe and does believe that in Harris County, Texas, FREDERICK J. CRUMBLEY hereafter styled the Defendant, heretofore on or about FEBRUARY 25, 2016, did then and there unlawfully intentionally and knowingly possess a firearm after having been convicted of the felony offense of BURGLARY OF A BUILDING, in the District Court for the 174TH Judicial District, HARRIS County, Texas, in Cause Number 1001437 on JUNE 21, 2005, and said possession of the firearm occurred before the fifth anniversary of the Defendant's release from confinement resulting from said conviction on SEPTEMBER 21, 2014.

Before the commission of the offense alleged above, (hereafter styled the primary offense), on JANUARY 26, 1990, in Cause Number 0551492, in the 183RD DISTRICT COURT of HARRIS County, Texas, the Defendant was convicted of the felony of BURGLARY OF A MOTOR VEHICLE.

Before the commission of the primary offense, and after the conviction in Cause Number 0551492 was final, the Defendant committed the felony of BURGLARY OF HABITATION and was finally convicted of that offense on AUGUST 12, 1991, in Cause Number 0591079, in the 230TH DISTRICT COURT of HARRIS County, Texas.

PROBABLE CAUSE: AFFIANT, ERIC BASSE, IS A PEACE OFFICER EMPLOYED BY THE HARRIS COUNTY SHERIJT'S OFFICE. AFFIANT HAS REASON TO BELIEVE AND DOES BELIEVE THAT FREDERICK CRUMBLEY COMMITTED THE OFFENSE OF FELON IN POSSESSION OF A FIREARM ON OR ABOUT SEPTEMBER 26, 2016 IN HARRIS COUNTY, TEXAS. AFFIANT BASES HIS BELIEF ON THE FOLLOWING FACTS.

ON SEPTEMBER 26, 2016, AFFIANT WAS DISPATCHED TO A WEAPONS DISTURBANCE AT PARK TOWN PLAZA APARTMENTS, LOCATED AT 13455 WOODFOREST BLVD. IN HARRIS COUNTY, TEXAS. AFFIANT MET WITH FELIX HALTER, A CREDIBLE AND RELIABLE PERSON HEREAFTER REFERRED TO AS THE COMPLAINANT. COMPLAINANT TOLD AFFIANT THAT HE IS A TOW TRUCK DRIVER AND WAS ON THE PROPERTY TO TOW A VEHICLE THAT WAS IMPROPERLY PARKED. COMPLAINANT STATED THAT AS HE WAS STARTING THE TOW PROCESS, THE VEHICLE OWNER, HELEN HUBBARD APPEARED AND TOLD HIM SHE WAS JUST VISITING AND ABOUT TO LEAVE. THE COMPLAINANT TOLD HER THAT SHE WOULD HAVE TO PAY A FEE. COMPLAINANT STATED THAT HUBBARD WENT BACK INSIDE, THEN REAPPEARED WITH HER GRANDMOTHER, HELEN CRUMBLEY, TO PAY. COMPLAINANT STATED THAT HE THEN RELEASED THE VEHICLE. COMPLAINANT STATED THAT AS HE RELEASED THE VEHICLE, A MAROON VAN AND WHITE SUV DROVE UP AND BLOCKED HIS TOW TRUCK. THE DEFENDANT EXITED AND POINTED A SHOTGUN AT COMPLAINANT, SAYING "WHO SLAPPED MY MOMMA?" COMPLAINANT STATED THAT THE DEFENDANT ENTERED THE GRANDMOTHER'S APARTMENT AND, WHEN HE RETURNED, COMPLAINANT WAS ON THE PHONE WITH POLICE DISPATCH. AFFIANT SPOKE TO HELEN CRUMBLEY, WHO TOLD AFFIANT THAT HER SON'S NAME IS FREDERICK CRUMBLEY. AFFIANT RESEARCHED FREDERICH CRUMBLEY THROUGH HIS POLICE DATABASES AND LOCATED A PHOTOGRAPH OF FREDERICK CRUMBLEY. AFFIANT SHOWED THE PHOTO TO COMPLAINANT WHO POSITIVELY IDENTIFIED FREDERICK CRUMBLEY AS THE PERSON WHO HAD POINTED THE SHOTGUN AT HIM.

AGAINST THE PEACE AND DIGNITY OF THE STATE. Sworn to and subscribed before me on September 26, 2016

*10

MOTION TO QUASH ENHANCEMENT PARAGRAPH

TO THE HONORABLE JUDGE OF SAID COURT: Comes Now, Frederick C. mbles, DEFENDANT in the above entitled and numbered cause and moves this court to quash the paragraph used for enhancement in the indictment of the above cause.

$$0591099$$

This enhancement paragraph is cause No. $◻$ and in the support of this motion the Defendant would show the court the following.

I

Defendant is charged, by indictment, of the offense of Eelony Peasawiont of Corarm, which occurred on September 26, 201916 .

II

The conviction referred to in the enhancement paragraph is invalid in that (List one or more of the following reasons why your enhancement paragraphs is void.) [1] The conviction that being used for enhancement is a misdemeanor and cannot be used to enhance this present felony unless this was the third misdemeanor. [Chancey V State, S.W. 2d 446] [2] Defendant was not afforded representation by counsel at his trial, and he was indigent at that time. Also, at no time did the defendant waive his right to counsel [Burgett V State, 389 U.S. 109.] [3] The conviction that is being used for enhancement was based on a fundamentally defective indictment in that QALSO [COH497 6n. 2008 21,2005 where pabr

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[4] The conviction which is being used for the enhancement was based on a criminalstatue that was later found to be void in that $\frac{\text{Yourt to its toititord}}{}$ meitherly to E. bounctou bised Stat Jo|SStyute [ Lopez V State, 491 S.W. 2d 420 ] [5] The conviction that is being used for enhancement did not become final before the offense charged was committed, or that an appeal is pending. [ Murchison, 560 S.W. 2d 654 ] [6] That the Defendant did not execute a valid waiver of his right to a jury trial beforethe plea that supports the prior conviction. [Boyd V State, 660 S. W. 2d 720] [7] That the Defendant did not sign a stipulation of evidence, in open court in the prior conviction being used for enhancement.

IV

Therefore, the enhancement paragraph is void in that it refers to a conviction which is invalid and thus, will not support an enhancement of punishment in this case

WHEREFORE, premises considered, this Defendant prays that this court quash the enhancement paragraph alleged by the state for the purposes of enhancing the present offense.

"I, ( INSERT NAME AND INMATE IDENTIFYING NUMBER FROM TEXAS DEPARTMENT OF CORRECTIONS OR COUNTY JAIL), being presently incarcerated in ( INSERT TEXAS DEPARTMENT OF CORRECTIONS UNIT NAME OR COUNTY JAIL NAME) in County, Texas, declare under penalty of perjury that the for going is true and correct.

EXECUTED ON (DATE) $\underset{―}{\text{IV}/\text{ByE}}$ 4.00

On this the $$ day of $$ , 20 $$ came to be heard by me, the Defendant's motion

To Quash Enhancement Paragraph from the indictment, and it appears to this court that this motion should be

*12

THE STATE OF TEXAS of of Frederick Monthay

IN THE JUDICIAL DISTRICT COURT H. 1916 COUNTY, TEXAS

MOTION TO SET ASIDE THE INDICTMENT

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Frederick Armbhal, , defendant in the above entitled cause, and prior to his / her announcement of ready moves that the criminal indictment filed against him / her in the above entitled and numbered cause be dismissed by virtue of the authority of the Fifth and Sixth Amendments to the constitution of the United States of America, and Articles 27.02, 27.03, 27.08, and 27.09 of the Texas Code of Criminal Procedure; and Article 1, Section 10 of the constitution of the State of Texas, for the following reasons:

$$I_{\text{.}}$$

The indictment does not state sufficient facts to constitute an offense against the laws of the State of Texas

The indictment fails to allege all the essential acts or omissions by the Defendant necessary to constitute the offense charged.

The indictment fails to set forth sufficient facts and / or allegations that would appraise the Defendant or put the Defendant on notice of eammitting, which acts or facts or circumstances, if proved, would render Defendant guilty, in order that the Defendant's right not to be prejudiced as contemplated in Article 21.01, et seq. C.C.P.

*13 Indictment wholly fails to allege on it's face, facts necessary to enable the Defendant to plead to the indictment so that a judgement would become a bar to subsequent prosecution for the same contemplated in Article 21.04, C.C.P.

The indictment does not state the indictment was presented in the District Court of the county where the Grand Jury was in session.

WHEREFORE, Defendant prays that the Court will set aside the indictment herein, and dismiss the cause from the docket of this Court and release and discharge the Defendant from prosecution.

"I. (INSERT NAME AND INMATE IDENTIFYING NUMBER FROM TEXAS DEPARTMENT OF CORRECTIONS OR COUNTY JAIL), being presently incarcerated in (INSERT TEXAS DEPARTMENT OF CORRECTIONS UNIT NAME OR COUNTY JAIL NAME) in HIRDY'S County, Texas, declare under penalty of perjury that the foregoing is true and correct.

Executed on

ORDER

On this the $$ day of $$ , 20 $$ came to be heard petitioner's motion, and it appears to this court that it should be: $$ . $$ . $$ , and it is so ordered.

*14 CAUSE NO. 158055

THE STATE OF TERMS vs Frederick Crumbley

IN THE 33th JUNSICAL DISTRICT COURT OF HARR IS COUNTY, TEXAS

REAJEST FOR MOTION HERNING

To THE HONORABLE JADGE OF SAID COURT.

Come Now, Frederick Crumbley, Defendant in the above stifed and numbered calxes and respectfully presents this the defendent matron. Reavesting for the court to grant Defendant's a hearing on the Defendant's following motion on the Court's docket and defendant shows the court the followins:

Defendant bans without Athorner a pointed to the court for over 30 days, and on the 15 days of February 307, Defendant cited and present a court docket the following motion; motion to which Enhancement Parasrquat mation to sedicate set aside the Indictment:

Since the Defendant's Athorner's taited to the any of the motion on the behalf of the Defendant as received by the authority of the Fifth and Sixth Amendment to the Constitution of the United States of America and Articles I, Section 10 of the Constitution of the State of Texas, Defendant natece the without attonted of Athorner his substantial risks will be completely prejudiced:

*15

The state filed and allished the silence by Elissa indictment chained to a Defendant under Tens Statutes 846,04 Un builif. Possession of Firearm. Swith probable cause, that a officer stated, He had reason to believe and use believe in Frederick Exumbler committed the silence. Feltend in possession of a Firearm. Nounly a shadow on 4 Sithember 21,2016.

Defendant has been all time in the Harris Bountris Jail on a nis bourd since October 42016 awarding trial. Defendant notice on the fore of the Indictment, the Red Convictions from 1001437 on June 21,2015, a Elissa offence of Burdour of Building in the District Court for the 19th Judicial District. Ham Country, Texer with the two Prime Convictions that the convictions that, is be used for entrancement was based on a fundamentally defective indictment, in the cause 1001437.

I

February 14,2017. Defendant move to Siled both Rethinl motion and place them on the 339th Judicial District Court disdict. Defendant Jecher re to grant a motind heaviag. it is more than needed to protect the Defendants, Substantinel n'thk from beces twice but in seowards and subject the defencet two fundamen tally defective indictment.

There bies the Defendant now that this Honswable Jusbe of said a grant the Defendant's motion Rewest for motion Heavng

*16

Cause No. 1525805

I, Frederick Lombley saw 81024878 being presently incarcerated in Hants Courtly last Jan thorns country. Texas declare under Pena Ht of PoIunt that the for going is five and correct.

Executed on March 9,201

TRENDOGRAPHII

DRDER

On this the don of 12 , come to be heard by the Defendants motion for reward for Hearing to the matlords and I court docket is, and atrear to this court that this motion should be

Granten: