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 

. Wo...v--.re'l'l P;ev-rcg Co..-V'la.cly 

·-#:" 12.2-, 8'·+ 

16ql FM Q80 

H·untsv"• t t e., I~ 77 3'-P-> 

~rECEIVED ~~ OO!mT OF CAIMINAL APP&J,S 

NOV 02 2015 

AIW®Jfod~~~, Cf®rt1k 

R<S: C,o.nody v Stat-e, t-Jo. I 2 7045'0- E / F orv-oo..t Complclt t'rl:: f Mn.ndo..mUS 

Oea.-.r Ctert< ':. 

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 • 

('4 __ , ... ... I 

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: 

1 

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 

September 16, 2015 

WARREN PIERRE CANADY 

# 723784- ELLIS UNIT 

1697 FM 980 

HUNTSVILLE, TX 77343 

To Whom It May Concern: 

2 ;:· 

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 
,. 

FILED 

Chris Daniel 

District Clerk CAUSE NO. 1276450-E 

' ' SEP 15 2015 

EXPA~~--~~~~~-

IBY, __ ---;i;~~~l..._ 

\V'ARREN PIERRE CANADY 

Applicant 

§ IN THE 248th DISTRJCT COURT 

§ OF 

§ HARRIS COUNTY,TEXAS 

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'R30,119-26; 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. 

2 
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. 

3 
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. 

4 

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) 
CAUSE NO. 1276450-E 

EX PARTE 

WARREN PIERRE CANADY 

Applicant· 

§ 

§ 

§ 

IN THE 248th DISTRICT COURT 

OF 

HARRIS COUNTY, TEXAS 

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. 

5 

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 
.•· .. 

STA.Te Of' TEXAS 

COUNT'-{ OF HARRIS 

., .•:: 
SHARON KELLER 

PRESIDING JUDGE 

LAWRENCE E. MEYERS 

CHERYL JOHNSON 

MIKE KEASLER 

BARBARA P. HERVEY 

ELSA ALCALA 

BERT RICHARDSON 

KEVIN P. YEARY 

DAVID NEWELL 

JUDGES 

·october 14,2015 

COURT OF CRIMINAL APPEALS 

P.O. BOX 12308, CAPITOL STATION 

AUSTIN, TEXAS 787I1 

Warren P. Canady #723784 

Ellis Unit 

1697 FM 980 

Huntsville, TX 77343 

RE: Trial Court Case #1276450-E 

Dear Mr. Canady: 

ABEL ACOSTA 

CLERK 

(512) 463-1551 

SIAN SCHILHAB 

GENERAL COUNSEL 

(512)463-1600 

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