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.**~--·'..J** Mr. AlanWade Johnson Reg. No. 09541-079**U~S.P.** Atlanta, Al-Unit P.O. Box 150160 Atlanta, GA 30315-0160 April 24, 2015 CERTIFIEDMAIL :1J: 7012 3050 0002 0410 1282 Clerk of the Court TexasCourt.of Criminal Appeals P. 0. Box 12308 Austin, TX 78711-2308 Re: Ex ParteAlanWade Johnson CaseNumbers: C-213-010418-0100-776-D**C-213-010419-0105-292~0** C-213-010420-0105-293-C Dear Clerk of Court: Enclosed is the original and one copy of REQUEST TO TAKE JUDICIAL NOTICE in each case listed above. These cases are before the Court now from Tarraht County, Texas. Please file and bring to the Court's attention at your earliest convenience. I am unable to provide 11-copies of these pleadings. Please do not punishme for being unable to do so. Please letme thank you for your time and effort in this matter.

.Enclosures
cc: File ALAN WADE JOHNSON**MOl~ON DIE~~!E[Q)**  

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## RECEIVED

## IN COURTOFCRIMINALAPPEALS 

## APR28

## 2015IN THE TEXAS COURT OF CRIMINAL APPEALS

Ex parte ALAN WADE JOHNSON § § § § § § § § § § § § WRIT No.
____________________ __ CaseNo. C-213-010419-0105-292-D 213thDistrictCourt TarrantCounty, TX
REQUEST TO TAKE JUDICIALNOTICE
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, ALAN WADE JOHNSON, Applicant, Pro-se in the above styled and numbered case, that is now before this Court, moves pursuant to Rule 20l(a)(d)(e)(f), Texas Rules of Evidence, and Texas Rules of Civil Procedure his REQUEST TO TAKE JUDICIAL NOTICE of the following adjudicative facts:


### I. This is Applicant's 2nd REQUEST TO TAKE JUDICIAL NOTICE. His first request was in the 213th Judicial District,Court on April 17, 2015. Same date case was sent to this Court. Itwas notruled on. NOTE: The State's only defense toApplicant's allegations
was he was on parole in Case Numbers 5476, 6879 and 6880; which is in total disregard for the law in effect in 1975.
II. JUDICIALNOTICE REQUEST
Page 1 of 4A). That Texas Civil StatuteAnn. Article 6184L (Vernon) (repealed 1977) governed good time as a commutation of sentences between 1970 and 1976. 1). Thisparticular statute'sprov1s1ons regulatedearnedgoodtime credits, that reduced the timeremaining tobe servedona sentencebypercentage of thenumber of days actually servedwithgoodbehavior. 2). Thisparticular statuteappliedto theApplicant inCaseNumbers 5476, 6879 and 6880, because these offenses occurred in 1975. B). Applicant Alan Wade Johnson, then TDC No. 255182, was
a StateApproved Trusty IIIC, while serving these stated judgements from Tarrant County, Texas, and with straight time (day for day), along with earned good time credits, he fully served and discharged his 50-year sentence/judgements in June 1996. C). Applicant serving a LIFE sentence in Case Number 61331,
was paroled October 8, 2012. State of Texas addedCase Numbers 5476, 6879 and 6880 to his Parole Certificate in Case Number 61331 (See Parole Certificate attached to 11.07 Habeas Application), that imposed LIFE parole conditions in Case Numbers 5476, 6879 and 6880(Tarrant County, TX). D). State of Texas breached the plea agreement by imposing punitive disabilities after Applicant fully served and discharged his sentences and judgements in Case Number 5476, 6879 and 6880. E). Applicant's plea(s) in case Numbers 5476, 6879 and 6880 from Tarrant County, Texas, were altered/modified by the State of Texas increasing sentence from 50-years to LIFE and imposing punitive direct consequences (See Parole Certificate attached to 11.07 Habeas Application).
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# . F). ApplicantMotion To Name Him By Pseudonymwas not ruled
on by the 213th Judicial District Court, when evidence presented with Motion illustrated the serious risk of injury or death to the Applicant, if denied.

The FACTS that are the subject of this REQUEST FOR JUDICIAL NOTICE, namely (A) Texas Civil StatuteAnn. Article 6184L (Vernon 1970)(Repealed 1977) governed good time as commutation of sentences; (B) Applicant fully served and discharged his sentences and judgements from Case Numbers 5476, 6879 and 6880 from Tarrant County, TX, inJune 1996, under the provisions of the statute enumerated under "A;" (C) Applicantwas serving a LIFE sentence in Case Number 61331, when he was paroled October 8, 2012, State of Texas added Case Numbers 5476, 6879 and 6880 to his Parole Certificate in Case Number 61331; (D) State of Texas breached plea agreement by imposing punitive disabilities after he had already fully served and discharged his sentences; (E) State of Texas alerted/modified sentence and judgements in Case Numbers 5476, 6879 and 6880 by increasing his fully served 50-year sentences to LIFE and imposing punitive direct consequences; and, (F) Motion to name himby pseudonymwas not ruled upon and evidence**illu~trated** serious risk of injury and/or death toApplicant, if denied.
These FACTS are not subject to dispute in that it is Texas Law generally known within the jurisdiction of this Court, and
can accurately and readily be determined by the records of the Court, Texas Department of Criminal Justice, Classification and

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# .. ' Records Division and Official Records and Publication pursuant to Rule 902 Self-Authentication
...all of whose accuracy cannot reasonably be questioned.
The Texas Court of Criminal Appeals may take Judicial Notice for the first time. GRANADOS V. STATE, 843 S.W.2d 736, 738 (TEX. APP.- CORPUS CHRISTI 1992, no pet.).
CONCLUSIONS
This Motion is based on this paper, on the NOTICE of Motion,
on the Certificate of Service of this Motion, on all papers and records on file in this action, and on whatever evidence and argument may be heard at a hearing, if deemed necessary. Ahearing with Applicantmay be done viaVideo Conference orAppointment of Counsel.
DATE: April 24, 2015. Respectfully submitted,

# w~w~ ALAN WADE JOHNSON, Applicant Pro-se, Reg. No. 09541-079 U.S.P. Atlanta, Al-Unit P.O. Box 150160 Atlanta, GA 30315-0160
CERTIFICATE OF SERVICE Atrue and correct copy of the foregoing pleading above was forwarded to the DistrictAttorney of Tarrant County, Texas, by placing the same in a sealed and postage pre-paid envelope addressed to 401 West Belknap, FortWorth, TX 76196-0201, by depositing same at the prison mail room on this**~f~~** ALAN WADE JOHNSON, APP ICANT Page 4 of 4