Ex Parte

fTRAVIS EDWARD ANDERSON!

TRIAL COURT WRIT NO.

Application for Writ of Habeas Corpus

from BROWN County

35th District Court

APPLICANT'S NAME:

(As reflected on the Judgment)

CR20959

CLERK'S SUMMARY SHEET

TRAVIS EDWARD ANDERSON

OFFENSE: CT.I-III: AGGRAVATED ASSAULT WITH DEADLY WEAPON

(As described on the Judgment)

CAUSE NO: CR18885

(As reflected in Judgment)

PLEA ENTERED: CgUILTY NOT GUILTY NOLO CONTENDRE (CIRCLE ONE)

SENTENCE: 35 YEARS TDCJ

(As described on Judgment)

TRIAL DATE:

(Date upon which sentence was imposed)

SEPTEMBER 13. 2012

JUDGE'S NAME:

(Judge Presiding at Trial)

APPEAL NO: 11-12-00306-CR

STEPHEN ELLIS

(If Applicable)

CITATION TO OPINION:

(If Applicable)

HEARING HELD: YES

(Pertaining to the Application for Writ)

FUNDINGS AND CONCLUSIONS FILED: .

(Pertaining to the Application or Writ)

RECOMMENDATION:

(Trial Court's recommendation regarding Application)

JUDGE'S NAME:

(Judge presiding over habeas proceeding - usually current judge of the trial court)

GRANT

Stephen Ellis

S.W.2d

• NO

DENY •

YES

NONE

-RE6EIVED M

COURT OFCRIMINAL APPEALS

JAN 20 2015

AbelAcosta, Clerk

^

NO
INDEX TO CLERK'S RECORD

TRIAL COURT CAUSE NUMBER CR20959

TRAVIS EDWARD ANDERSON VS THE STATE OF TEXAS

Clerk's Summary Sheet 1

Index 2

First Motion for Extension of Time to File Petition for

Discretionary Review

Filed 1/9/15 3-6

Indictment

Filed 11/17/11 t 7-8

Judgment

Filed 9/25/12 9-11

Letter to Defendant

Dated 1/16/15 12

Clerk's Certification 13

2_
TS

No. 11-12-00306-CR

In The

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

TRAVIS EDWARD ANDERSON, Petitioner

VS.

THE STATE OF TEXAS

jU»

JAN 09 2015

From Appeals No. 11-12-00306-CR

Trial Cause No. CR20959 Brown County, Texas

'fLIexas

n IX-puty

.FIRST MOTION FOR EXTENSION OF TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES, OF THE.,COURT OF CRIMINAL APPEALS:

NOW COMES, TRAVIS EDWARD ANDERSON, Petitioner, In the above styled and

cause number respectfully, files this Motion for extension of time of sixty

(60) days in which to file Petition for Discretionary Review. In support of this

motion, appellant shows the Court the following, pursuant to Rule 68.2.

The Petitioner was convicted in the 35th District Court of Brown County,

Texas, of the offense of aggravated assault with a deadly weapon, styled State

of Texas vs. Travis Edward Anderson. The Petitioner appealed to the Court of

Appeals, Elevanth District of Texas. The case was affirmed on 12-18=2014.

II.

The present deadline for filinq the Petition for Discretionary Review is,

1-17-2015. Petitioner has not requested any extension prior to this request.

page 1.

3
III.

Petitioner is requesting for the first time for an extension of time to

prepare a PDR of the decision of the Court of Appeals of the Eleventh District

of Texas in this matter. Petitioner asserts that, his court appointed appellate

attorney Mr. Evan Pierce Jones, has informed Petitioner that he will not represent

him on the Petition for Discretionary Review.

Wherefore, Petitioner prays this Honorable Court grants this motion and

extend the deadline for filing the Petition for Discretionary Review in case

No. 11-12-00306-CR.

Respectfully Submitted,

Travis Edward Anderson, Petitioner, Pro se

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foreaoing First

Motion for Extension of time to file a Petition for Discretionary Review, has

been forwarded by U.S. Postal Mail Service, to the attorney for the state, and to

The Court of Criminal Appeals, P.O. BOX 12308 Capitol Station, Austin, Texas

78711 on this day of (jAnUA^V/ ,2015.

Respectfully Submitted,

Travis Edward Anderson, Petitioner, pro se

page 2.

t
UNSWORN DECLARATION

I Travis Edward Anderson, Petitioner, Pro se TDCJ 1812491. Being presently

incarcerated at the Wallace Pack 1 Unit of Texas Department of Criminal JusticeInst, Division located in Grime County, Texas declare under the penalty of puriury

that the foreqoinq statements are true and correct.

Excuted on this the -5lVl /day of, UfHAUArV ,2015. f

Respectfully Submitted,

Travis Edward Anderson, Petitioner, pro se

page 3.
Mr. Travis Edward Anderson

Wallace Pack 1 Unit

2400 Wallace Pack Road

Navasota, Texas 77868

1-5-2015

To the Clerk of the court

Brown County Courthouse

200 South Broadway

Brownwood, Tx 76801

At46^X o'clock'vy. ..M

JAN C9 20te

X.-pu!y

RE: FILING Motion for Extension of time for PDR.

Please find enclosed one copy of First Motion for Extension of time to file a

PDR.

Respectfully Submitted,

^ aAUJLL <£jgjLV?m.Ay\ADklBfL

Travis Edward Anderson, Petitioner pro se

k>
NO CX AW BOND: -kf&#>& 00

THE STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON

D.O.B: 05/27/1959

Charge: CT. 1-111: AGGRAVATED ASSAULT WITH DEADLY ^EAPON ~~ZT~l"—

Penal Code §22.02 -2nd Degree Felony -4&4 Ucl°CK HM

REPEAT OFFENDER -Penal Code §12.42 ' ^ ^OIO

HABITUAL OFFENDER-Penal Code §12.42 /\ z?

y^ureefefrfcF- CleriTDisirict Court Brown Co. TX

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS? —yyfcj*'*'*

THE GRAND JURY, for the County of Brown, State of Texas, duly selected, empaneled,

sworn, charged, and organized as such at the JuneTerm, 2010, of the 35lh Judicial District

Court for such County, upon their oaths present in and to said Court at said term that

COUNT I

Travis Edward Anderson, hereinafter styled Defendant, on or about the lsl day of June, 2010, and

before the presentment of this indictment, in the County and State aforesaid, did then and there

intentionally or knowingly threaten Devon Harden, with imminent bodily injury by pointing a gun

at him and did then and there use or exhibit a deadly weapon, to-wit: firearm, during the commission

of said assault;

COUNT II

And further that on or about the Is' day of June, 2010, in the County and State aforesaid, the

Defendant, did then and there intentionally or knowingly threaten Joseph Jones, with imminent

bodily injury by pointing a gun at him and did then and there use or exhibit a deadly weapon, to-wit:

firearm, during the commission of said assault;

COUNT III

And further that on or about the 1M day of June, 2010, in the County and State aforesaid, the

Defendant, did then and there intentionally or knowingly threaten Christopher Pyle, with imminent

bodily injury by pointing a gun at him and did then and there use or exhibit a deadly weapon, to-wit:

firearm, during the commission of said assault;

ENHANCEMENT PARAGRAPH ONE:

And it is further presented in and to said Court that, prior to the commission of the aforesaid offense

(hereafterstyled theprimary offense), on the28lh dayofJune, 1990, in CauseNo. F-8883475 in the

Criminal District Court No. 4 of Dallas County, Texas, the defendant was convicted of the felony

offense of Possession of a Controlled Substance under the nameTravis EdwardArmstrong;

7
THE STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON PAGE TWO

ENHANCEMENT PARAGRAPH TWO:

And it is further presented in and to said Court that, prior to the commission of the primary offense,

and after the conviction in Cause No. F-8883475 was final, the defendant committed the felony

offense of Possession of a Controlled Substance and was convicted on the 12lh day of July, 1991,in

Cause No. F-9140935 in the 291s' Judicial District Court of Dallas County, Texas;

Against the Peace and Dignity of the State.

Fqrdman of the Grand Jury

S
Cause No. CR20959 (Three Counts) TRN 9091258144 (AOOl, DOOl, D002)

THE STATE OF TEXAS

v.

TRAVIS EDWARD

ANDERSON, DEFENDANT

SID: TX02217791

§ IN THE 35TH JUDICIAL

DISTRICT COURT OF

§ BROWN COUNTY, TEXAS

Adjudication of Guilt;

SENTENCE TO Institutional Division, TDCJ

DATE OF JUDGMENT

JUDGE PRESIDING

ATTORNEY FOR THE STATE

ATTORNEY FOR THE DEFENDANT

OFFENSE

STATUTE FOR OFFENSE:

DEGREE OF OFFENSE:

APPLICABLE PUNISHMENT RANGE

(Including enhancements if any):

DATE OF OFFENSE:

DATE OF COMMUNITY SUPERVISION

ORDER:

CHARGING INSTRUMENT:

TERMS OF PLEA AGREEMENT

(IN DETAIL):

PLEA TO MOTION TO ADJUDICATE:

FINDING AS TO ALLEGATIONS IN

MOTION TO ADJUDICATE:

CONDITIONS OF COMMUNITY

SUPERVISION VIOLATED

(as set out in the motion to adjudicate):

AFFIRMATIVE FINDING ON DEADLY

WEAPON (see full text below):

OTHER AFFIRMATIVE SPECIAL

FINDINGS (see full text below):

DATE SENTENCE IMPOSED:

PUNISHMENT AND PLACE OF

CONFINEMENT:

TIME CREDITED TO SENTENCE:

COURT COSTS:

TOTAL AMOUNT OF RESTITUTION:

September 13, 2012

Stephen Ellis

Bruce A. Hoffer

G. Lee Haney

Count I-III: Aggravated Assault with a Deadly

Weapon

Section 22.02, Penal Code

Second Degree Felony

Habitual Offender 25-99 yrs or life/max $10,000 fine

June 1,2010

March 10,2011

Indictment

Thirty-five (35) years, Texas Department of Criminal

Justice, Institutional Division

Not true

True

#1 At |:36 O'clock / M

SEP 2 5 2012

Yes-deadly weapon used or exhibited •?

Applicable, See Below ClerfTT)istrict Court Brown Co. TX

By cf% Deputy

September 13, 2012

Thirty-five (35) years in the

Institutional Division-TDCJ

June 1,2010 to June 12,2010

March 31, 2011 to May 15, 2011

December 15, 2011 to September 13, 2012

Waived

Waived

DS1: Adjudication oTGuilt; Direct Sentence, Cause No. CR20959; Page I of 3 Pages

°l
© VOL. SL4_ PAGE I$r. ®

This sentence shall run concurrently unless otherwise specified.

On the date stated above, the Defendant entered a plea of No Contest to the offense

stated above and was granted a deferred adjudication in the above numbered and styled cause.

The Defendant was placed on community supervision as stated above, subject to the conditions

ofsupervision set out in the order in this cause. Thereafter, and during the period ofsupervision,

the State filed a motion to adjudicate in this cause, alleging that the Defendant had violated

conditions ofsupervision set out in said order.

On the date stated above, the above numbered and entitled cause was regularly reached

and called for a hearing on the motion to adjudicate, and the State appeared by the attorney stated

above, and the Defendant and the Defendant's attorney, as stated above, were also present.

Thereupon both sides announced ready for the hearing, and the Defendant, Defendant's attorney,

and the Defendant waived the reading of the motion to adjudicate, and, upon being asked by the

Court as to how the defendant pleaded, entered a plea of Not true to the allegations in the

motion to adjudicate.

Thereupon, the Defendant was admonished by the Court of the consequences ofthe plea;

it appeared to the Court that the Defendant was competent and that the defendant was not

influenced in making said plea by any consideration of fear or by an persuasion prompting said

plea; and the Court received the free and voluntary plea, which is now entered of record in the

minutes of the court. The Court, after hearing all of the evidence for the State and the Defendant

and arguments of counsel, was of the opinion and found that the Defendant violated the

conditions of community supervision as stated above.

The Court then adjudicated the Defendant guilty of the offense stated above and found

the offense was committed on the date stated above. A presentence investigation report

was not required or done. After hearing additional evidence on the issue of punishment, if any,

the Court then assessed punishment as stated above.

And thereupon the Court asked the Defendant whether the Defendant had anything to say

why said sentence should not be pronounced upon said Defendant, and the Defendant answered

nothing in bar thereof. Whereupon the Court proceeded to pronounce sentence upon said

Defendant as stated above.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant

is guilty of the offense staled above, the punishment is fixed as stated above, and the State of

Texas do have and recover of said defendant all court costs in this prosecution expended, for

which execution will issue.

DSI: Adjudication of Guilt; Direct Sentence, Cause No. CK20959; Page 2 of 3 Pages

10
VOL. SlL- page U£- ' It is ORDERED by the Court that the Defendant be taken by the authorized agent of the

State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the

Director, Institutional Division-TDCJ, there to be confined in the manner and for the period

aforesaid, and the said defendant is hereby remanded to the custody ofthe Sheriff of this county

until such time as the Sheriff can obey the directions of this sentence. The defendant is given

credit as stated above on this sentence for the time spent in county jail. The Defendant also is

ordered to pay restitution to the person(s) named above in the amount specified above.

Furthermore, the following special findings or orders apply:

All previously fines and fees are waived.

Signed on the '-"'-Hay ^^ay off September, 2012.

Defendant's right thumbprint

DS1: Adjudication of Guilt: Direct Sentence, Cause No. CR20959; Page 3 of3 Pages
INMATE CORRESPONDENCE REPLY—Govt. Code 552.028

. -TO:TRAVIS EDWARD ANDERSON #1812491 FROM Cheryl Jones

WALLACE PACK I UNIT DISTRICT CLERK BROWN COUNTY

2400 WALLACE ROCKROAD 200 SOUTH BROADWAY, SUITE 216

NAVASOTA. TX 77868 BROWNWOOD TEXAS 76801

CAUSE NO. CR20959 STATE OF TEXAS VS. TRAVIS EDWARD ANDERSON

Dear MR. UANDERSON : File date: 1/16/15

[ ] Upon receipt of proper fee, the copies you requested will be prepared and mailed. Non-certified

copies are $1.00 for the first page and $0.25 cents for each additional page. Certified copies are $1.00

per page. The cost for copies requested will be $ .

See also Government Code 552.028. (a) a governmental body is not required to accept or comply with a request for information

from (1) an individual who is imprisoned or confined in a correctional facility;...

[ ] We will need a court order to prepare the copies you requested at no charge to you.

[ ] Contact the Court Reporter listed below the request a copy of the Statement of Facts and fees.

Name

Address:

[ ] Your Petition for Writ of Habeas Corpus has been received and filed. Article 11.07 of the Texas

Code of Criminal Procedure affords the State 15 days to answer. After 15 days, the Court has 20

days in which it may order a hearing. If no order has been entered 35 days from the filing date,

the petition will be forwarded to the Court of Appeals for their consideration.

[ ] The following document has been filed in the above listed case:

A file-stamped copy of document is attached.

[ ] This date, the transcript of your Petition for Writ of Habeas Corpus has been forwarded to the

Court of Appeals.

[ ] This is to acknowledge your motion for Shock Probation, please advise the Court has

GRANTED/DENIEDsame.

[X ] Other: This date, your First Motion for Extension of time to File Petition for Discretionary Review

has been forwarded to the Court of Criminal Appeals

All further correspondence should indicate the above cause number(s).

Yours Truly,

Cheryl Jones

District Clerk BROWN County

By Deputy

2-
THE STATE OF TEXAS

COUNTY OF BROWN

I, CHERYL JONES, Clerk of the 35th Judicial District Court of

Brown County, Texas, do hereby certify that the documents contained in

this record to which this certification is attached are all of the documents

specified by Texas Rule of Appellate Procedure 34.5(a) and all other

documents timely requested by a party to this proceeding under Texas

Rule ofAppellate Procedure 34.5(b).

GIVEN UNDER MY HAND AND SEAL of office in Brown

County, Texas, onthis the 16th day ofJanuary, 2015.

CHERYL JONES, DISTRICT

BROWN COUNTY, TEXAS,

By:

13