------·----------- THE STATE OF TEXAS §
§
§
I ,~AS.Q~_!.!._PEGQ~~-ftZ~!!l2§., DECLARE mmER PENALTY OF PERJURY THAT
THE FACTS STATED AND SHOWN IN SUPPORT OF THIS MOTION BY WAY OF THE
INVESTIGATING/ARRESTING RECORD ARE TRUr AND CORRECT, AND I HEREBY
SWEAR TO THESE FACTS.
THE PETITIONER WAS CONVICTED AND SENTENCED FOR AGGRAVATED SEXUAL
ASSAULT. THE INVESTIGATING/ARRESTING RECORD OF THIS CASE £6185 STATES
THAT DNA WAS DETECTED ON J~!Q!!!_lL!~!! ALTHOUGH THERE WERE NO
SUSPECTS AT THE TIME OF DNA BEING DETECTED. THE PETITIONER WAS NOT
ARRESTED UNTIL MA!f!!_l.z1.2.~~' AND IT WAS NOT BECAUSE OF DNA OR ANY KIND
OF PHYSICAL EVIDENCE/BIOLOGICAL MATERIAL TO THE PETITIONER'S
RECOLLECTION, DNA WAS NOT ADMITTED INTO EVIDENCE NOR INTRODUCED AT
TRIAL, AND DUE TO RECENT STATEMENTS IN RESPONSES AND AFFIDAVITS BY
THE STATE fTHAT DNA WAS TESTED, CONFIRMING THE PETITIONER AS THE
PERPETRATOR, AS WELL AS THE RECORD SHOWING THAT DNA WAS DETECTED, THE
PETITIONER IS ASKING THIS HONORABLE COURT TO DEMAND THE STATE TO
PRESENT THIS DNA AND TEST IT.
EXECUTED ON: ____________________
RESPECTFULLY SUBMITTED,
J ASON-'T:-'P EG UES ff 72 8196-- PETITIONER: x/file: "' .. PRAYER ---·--- WHEREFORE PREMISES CONSIDERED, PETitiONER, ~A~QN T. PEGUES #728196,
RESPECTFULLY PRAYS THAT THIS HONORABLE COURT TAKE INTO CONSIDERATION
ALL OF THE FACTS IN THIS MOTION AND GRANT THIS POST-CONVICTION FORMAL
MOTION FOR FORENSIC DNA TESTING.
EXECUTED ON THIS .-... ___ cay of ~--------------------'2015.
RESPECTFULLY SUBMITTED,
JASON -T-.-p EGUES#728i~-­ PETITIONER:
CERTIFICATE OF SERVICE ---------------·-------- . I, ~!~ON_!~_fiQQ~~-!l~~~~' THE PETITIONE~, BEING PRESENTLY CONFINED IN WALKER COUN~Y, TEXASt DO HEREBY AFFIRM THAT I HAVE DELIVERED THE ORIGINAL OF THIS POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING TO THE PRISON MAILROOM OFFICIALS FOR DELIVERY TO THE FOLLOWING via U.S. POSTAL SE~VICE:
THE DISTRICT CLERK, ANNIE REBECCA ELLIOTT: OF FORT BEND. COUNTY 240th JUDICIAL DJSTRICT COURT HONORABLE JUDGE THOMAS R. CULVER III jol JACKSON STREET, RICHMOND TEXAS 77046
SIGNED ON
------------.------------ SIGNATURE.OF PETITIONER JASON T. PEGUES #728196 PETITIONER:
!J!~!!~--.!l~£1!!!!!!Q! I,JASO_!!_!~_PEG,!!!L!72~196_, PRESENTLY HWARCERATED IN WALKER COUNTY, TEXAS, HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE ABOVE MENTIONED IN MY POST-CONVICTION FORMAL MOTION FOR FORENSIC DNA TESTING IS TRUE AND CORRECT. SIGNED ON THIS day of ,2015.
JASON T. PEGUES #72Bl96 PETITIONER:
ATTACHMENT ''H'' EXHIBIT ,'.) v. STATE, No. 01-95-01008-CR., December 18, 1997 -TX ... · I 0 I 2121.htmi
® FOR LEGAL PROFESSIONALS
Court of Appeals of Texas,Houston (1st Dist.).
PEGUES v. STATE Jason Tyrone PEGUES, Appellant, v. The STATE of Texas, Appellee.
No. 01-95-01008-CR.
--December 18, 1997
Before SCHNEIDER, C.J., and O'CONNOR and MARGARET GARNER MIRABAL~ .U.
Cary M. Faden, Sugarland, for Appellant.John F. Healey, Jr., John H. Harrity, ill, Richmond, for Appellee.
OPINION ON MOTION FOR REHEARING
We overrule the appe!lant's motion for rehearing, withdraw our previous opinion, and substitute this in its stead.
Jason Tyrone Pegues, the appellant, was found guilty by a jury ofthe offense of aggravated sexual assault. Punishment was assessed at 50 years in prison. On appeal, the appellant argues the trial court erred in (1) not entering written findings of fact and conclusions oflaw on the