EX PARTE 

CAUSE NOS. WOB-60213-J(fJ, Wl0-01183-J~ 

Wl 0-0 1184-J(f') 

IN CRIMINAL DISTRICT 

COURT NO. 3 

SENRICK WILKERSON DALLAS COUNTY, TEXAS 

APPLICANT's MOTION TO VACATE THE JUDGMENTS DUE 

TO STATE'S VIOLATION OF DUE PROCESS & FILINGS 

FRAUDULENT DOCUMENTS 

COMES NOW,SENRICK WILKERSON, APPLICANT pro se in the above 

styled and causes, and files this, his Motion to Vacate the Judgments due to State's violation of Due Process & Filings of 

Fraudulent Documents, respectfully showing the Court as follow: 

I . 

Dallas County District Courts continues to allege that 

Fl0-01183 Sexual Performance by a Child & Fl0-01184 Sexual 

Assualt on a Child, are companion cases to F08-60213 Compelling 

Prostitution, which is totally untrue. The facts are simply this. 

Applicant was never once arrested, never once taken before any 

magistrate judge, never once given any opportunity to post bail, 

never once informed of any rights to an examining trial or 

counselor, never read any Miranda Rights, and never once partipat 

-ed in any first preliminary intial appearances for cause numbers 

Fl0-01183 & Fl0-01184, asrequired by Texas Law. See ART.l5.17 COD~ 

CRIM. PROC. Such actions totally violated Apllicant's due process 

and again, it must be repeated that Applicant was never once 

arrested and never once arraigned for both tainted sex offenses. 

The Fourteenth Amend. to the United States Constitution 

provide that no person shall be deprived of life, liberty, or 

property without due process of law. U.S. Const.Amend.XIV l. 

Applicant demonstrates that he possess a constitutionally protect 

-ed interest in life, liberty or property, and that the State's 

actions has deprived hi~of that interest, because Applicant was 

out of jail on bond for two(2) years for F08-60213 Compelling 

Prostituion & F08-60222 AGG. Promotion of Prost. The record shall 

total~support this statement. However, Applicant was never 

arrested or arraigned for cause NOS. Fl0-01183 & Fl0-01184; And 

by Dallas County fraudulently forging documents showing four(4) 

different arrest dates for both tainted sex offenses, evidences 

Applicant's demonstrations that he was deprived of his life, 

liberty, and property. See Valmonte V. Bane, 18 F.3d 992,998(2nd 

Cir.l994). 

The Supreme Court has stated that procedural due process 

claims are to be examined "in two steps: the first asks whether 

there exists a liberty or property interest which has been 

interfered with by the state, second examines wether the procedur 

-es attendant upon that deprivation were constitutionally suffici 

-ent." See Kentucky Dept. of Corrections V. Thompson, 490 U.S. 

454,460 109 S.ct.l904,104 L.Ed. 2d 506(1989)(citations omitted). 

II. 

Dallas County District Clerk's office is fraudently 

showing these four(4) different arrest dates from Fl0-01183 Sexual 

Performance CH & Fl0-01184 Sexual Assault CH: 

l. The JUDGMEN~ OF CONVICTION BY JURY & NOTICE OF DISPOSITION 
documents show the arrest date as 9/7/2008. 

2. The Judicial Information & Criminal History Records documents 

show the arrest date as 12/17/2010. 

3. A u.s. District Court magistrate judge, stated in his findings 

that the arrest was in September of 2010. See case NO. 3-ll-cv 

-00659-B,page ID53. 

4. The capias warrants show the arrest dates as Dec-23,2010. 

~hese facts are proof of all fraudulently forged arrest dates 

from both tainted sex offenses which is included in the incomplete 

Clerk's record. 

It must be repeated that the State is fraudulently showing 

four(4) different arrest dates from both tainted sex offenses. 

But the State can not provide any arrest reports, offense reports 

complaint affidavits, and no book-in sheet informations to support 

such fraud and falsifieded documents; When, Tex.Crim.Stat.Ann. 

ch.233 provides: The officer, or person executing a warrant of 

arrest, shall take the person whom he is directed to arrest 

forthwith before the magistrate who issued the warrant, or before 

the magistrate named in the warrant; Tex.Crim.Stat.Ann.Ch.233 

provides that a person held under warrant of arrest shall be 

forthwith taken before a magistrate. The word "forthwith" has 

been held to mean within a reasonable time, without unnecessary 

delay. The only time that~the State issued any arrest warrants 

for both tainted sex cases was on ll/29/2010, without the signature of any magistrate judge, or any name of any judge in the 

fraudulently forged warrants. These warrants were also dismissed 

by the District Attorney on 11/29/2010, but show an arrest date 

as Dec.23;2010, which is absolutely impossible due to the fact 

that Applicant was illegally convicted and sentenced on 12/17/ 

2010. Tex.Crim.Stat.Ann.Ch. 218 provides: A ''warrant of arrest'' 

is a written order from a magistrate directed to a peace officer 

or some other person specially named, commanding him to take the 

body of the person accused of an offense, to be dealt with accord 

-ing to law. 

In any event Applicant is entitled to his release where 

the State failed to take the Applicant before any magistrate who 

allegedly issued the arrest warrants upon the four(4) fraudulentlq 

forged arrest dates on the sexual performance by a child & sexual 

assault on a child charges. Applicant is entitled to his freedom 

by virtue of Tex.Crim.Stat.Ann.Ch. 233 and its related status. 

The State was required by Tex.Crim.Stat.Ann.Ch. 233 to take 

Applicant before a magistrate that allegedly issued the arrest 

warrants. See Ex parte Henry Wright, 138 Tex.Crim. 350; 136 S.W. 

2d 212; 1940 Tex.Crim.App. LEXIS 62 No. 20921. 

WHEREFORE, PREMISES CONSIDERED, Applicant prays that this 

Court will immediately vacate the judgments due to the State's 

violation of his due process and the filings of the fraudulent 

arrest dates & documents. 

• I, Senrick Wilkerson, being presently illegally 

incarcerated in the Ramsey I Unit, do state that the following 

facts above are true and correct under the penalty of perjury.• 

"--c:::::==~ tted, 

SENRICK WILKERSON f'R.O '5E. 

TDCJ no. 1885146 

Ramsey I Unit 

1100 FM 655 7E-2-17T 

Rosharon, TX 77583 

paqe z.oF 3 
CERTIFICATE OF SERVICE 

·\\,\'1 2P 

I hereby certify that on 2015, the foregoing motion 

has been U.S. mailed to: Felicia Pitre District Clerk, 133 N. 

Riverfront Blvd., LBl2, Dallas, Texas 75207 & The Court of 

Criminal Appeals, P.O. Box 12308, Capitol Station, Austin, Texas 

7 8 7 ll . <:::: 0:::::::::::. : ;, ;; j_ ~'--

ORDER 

The above MOTION TO VACATE THE JUDGMENTS DUE TO STATE'S 

VIOLATION OF DUE PROCESS & FILINGS OF FRAUDULENT DOCUMENTS is 

hereby: (granted I denied) 

JUDGE PRESIDING 
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