Diez, James Logan ( 2015 )

AFFIDAVIT IN FORMA PAUPERIS
I, James Logan Diez, do hereby swear under penalty of perjury pursuant to the Statutory Law on the
unsworn declarations by prisoners that:
• I am presently confined by GPS/SISP and House Arrest by the TDCJ Parole Division at the
Avalon Correctional Services, Inc.'s El Paso Correctional Services;
• That I have no income and have not worked in a wage.earning job since my release from the
TDCJ-CID prison system;
That I have no a~sets such as lands, bank accounts and/or other tangible property which could
be converted to cash;
• That I am seeking a Writ of Mandamus which I believe I am legally entitled to because State
Officials have refused to conform with Texas Court of Criminal Appeals findings/rulings in
Case No. WR-14,622-18 and that I am asking the Court to ORDER said Officials to conform
with said findings/rulings; and
• That I do not seek such relief maliciously, but because I believe I am entitled to redress for my
grievance.
So I do swear under penalty of perjury this the 22nd day of September 2015.
. ~EC~~VED .~~
. COURT OF CRJMINAlAWf~l~
SEP 29101~
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12,797-B I Ct.Crim.App. No.14,622·t~=~~~\\~n{EIQJ ~{M
PETITION FOR WRIT OF MANDAMUS COURT OF CRJMIN/\t ~EAt~
SEP 29 2015
To the Honorable Justices ofthe Texas Court of Criminal Appeals:
Comes Now JAMES LOGAN DIEZ (Petitioner) and petitions the Court to is~~l~'iit'i~1,.Cie~
Mandamus ORDERING the Director of the Texas Department of Criminal Justice (TDCJ)
and/or the Chairman of the Board of Pardons and Paroles (Board) to immediately issue
DISCHARGE CERTIFICATE on Sentence No. 12,797-B and release Petitioner from Custody;
or, in the alternative, demonstrate by Certified documentation why Petitioner should not be
Discharged as would be consistent with this Petition's presented Facts. In support of this
Petition for Writ of Mandamus, Petitioner would show the following FACTS.
I
On November 27, 2013 TDCJ issued to Petitioner a Certificate of Mandatory Supervision
(which Petitioner refused to sign) purportedly pursuant to the 65th Leg. Mandated "release from
confinement" date. However, rather than release Petitioner from confinement per applicable
Law, Petitioner was transferred from the TDCJ-CID's prison facilities to GPS/SISP
CONFINEMENT and/or "House Arrest" at a TDCJ-PD (Parole Division) contracted Multi-Use
Facility (MUF) in El Paso operated by Avalon Correctional Services, Inc. [the El Paso
Transitional Center or EPTCJ, which is basically a privately operated minimum security work
release prison. 1 Petitioner has basically REMAINED under such confinement from 11/27/2013
through Present date. The Certificate of Mandatory Supervision issued to Petitioner on
November 27,2013, stated a Sentence Expiration Date 12/05/2015.
\ II
1
Petitioner is a 65th Legislative offender whose offense occurred May 6, 1982, and his parole/mandatory
supervision is, therefore, controlled by the law in effect on 5/6/1982. Said law MANDATES that he be RELEASED
FROM CONFINEMENT when his Flat Calendar Time served plus any Good Conduct Time equals the length of his
sentence. However, TDCJ/Board Officials have seen fit to ignore this and continue Petitioner in ACTUAL
Confinement dispite the mandated "release from confinement" under 65th Leg. Statute.
1
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12,797-B j Ct.Crim.App. No. 14,622-18
On Ju~e 25, 2014, by unpublished opinion, this Court dismissed Petitioner's state Habeas
Corpus Application on finding the Petitioner's Sentence of 30 years in Cause No. 12,797-B had
been DISCHARGED. However, the TDCJ/Board did NOT conform with this Court's finding
that the Sentence had Discharged, but has ignored said finding and continued Petitioner under
conditions of ACTUAL confinement and conditional release. 'I:=x.~~ ~ ~ i- A]
III
On August 22, 2014, TDCJ Director William Stephens provided Petitioner a print-out
showing Petitioner's Maximum Expiration of Sentence Date to be 12/05/2015. [Exhibit B]
However ...
IV
On December 10, 2014, TDCJ Program Specialist Charley Valdez (TDCJ Classification and
Records) provided an Affidavit which set Petitioner's Maximum Expiration of Sentence Date at
May 7, 2016. [Exhibit C] ***** It should be noted that the Valdez Affidavit is saturated with
incorrect dates/periods of confinement/release. *****
v
On December 10, 2014, TDCJ Parole Division (based on the Valdez Affidavit) provided
Petitioner a print-out, also, showing Petitioner's Maximum Expiration of Sentence Date as being
5/07/2016; and, containing incorrect information [i.e. that the Sentence is to be served "Flat
only" (without the benefit of Good Time); and, that "Restitution" is applicable, when in fact NO
\
restitution was imposed by the convicting Trial Court]. [Exhibit C]
VI
Hence, the State of Texas, through this Court and THREE State Officials/Agencies has
asserted Petitioner's Sentence of Record EXPIRES on:
2
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12,797-B I Ct.Crim.App. No. 14,622-18
a) June25, 2014;
b) December 5, 2015;
c) May 7, 2016; and, when the Petitioner calculated his time,
5
d) February 12, 201~.
VII
The Texas Court of Criminal Appeals is this State's highest Authority on criminal matters.
It MUST be presumed when the Ct.Crim.App. rules upon a matter, the Court has correctly and
accurately applied BOTH the Facts AND the Law controlling the Case.
As demonstrated through Exhibit A, this Court found Petitioner's Sentence had been
DISCHARGED as of June 25, 2014. Ergo, Petitioner should have been issued a
DISCHARGE Certificate and immediately released from all custodial restraints in JUNE 2014 --
-yet, he was not. The TDCJ/Board Officials ignored this Court's finding and continued the
Petitioner in ACTUAL confinement.
NOR did said Officials notify this Court that it had erred in its finding in order for the Court
to make a timely review of Petitioner's time credits and/or, if appropriate, to re-open the state
Habeas Corpus proceedings.
VIII.
TWO things MUST be recognized by all interested Parties:
' 1) The Opinions/Findings ofthe Texas Court of Criminal Appeals MUST be respected and
adhered to by State Officials as well as the Citizenry; and, where said Officials take
exception/object to the Court's Opinions or Findings, those Officials CANNOT simply
ignore the Court, but MUST follow the legal Due Process procedure by which the
disagreement with the Court can be properly considered by the Justices thereof; and,
2) A Citizen serving a Sentence imposed by a District Court has a statutory and
constitutional RIGHT to have an accurate calculation of his Time Served and a fixed
3
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12 797-B I Ct.Crim.App. No. 14,622-18
1
Discharge of Sentence date, and to know specifically WHEN that Discharge is. Officials
CANNOT establish 2 or 3 different dates of Discharge and apply whichever they
arbitrarily choose to his release.
IX
WHEREFORE, PREMISES CONSIDERED, Petitioner prays the Court will issue Writ of
Mandamus ORDERING the TDCJ/Board to conform with the Court's finding that Petitioner's
30 year Sentence in Cause No. 12,797-B is and has been Discharged as of (at least) June 25,
2014, as was determined and stated by this Court in Habeas Review No. WR-14,622-18.
Should the TDCJ/Board take exception/object to or otherwise dispute this Court's finding that
the Petitioner's Sentence had DISCHARGED; Petitioner respectfully Prays that the Court:
I. Rule that the time for the Officials to file such challenge/appeal has long since expired
and cannot now be raised; or,
II. Re-open Habeas Corpus No. WR-14,622-18 and issue written (published?) Opinion on
the Grounds/Issues presented therein; or,
III. ORDER State Officials to present to the Court, with copy to Petitioner, CERTIFIED
Documents demonstrating the TIME SERVED by Petitioner in ACTUAL Confinement
behind bars and/or while on parole/mandatory supervision, including but not limited to:
1. ALL TDCJ-CID housing and tracking records maintained on JAMES LOGAN DIEZ
#342162 during his·periods of ACTUAL confmement in TDCJ-CID prison units and
facilities;
"· 11. ALL TDCJ Parole Division/Board of Pardons and Paroles records mai:qtained which
show periods JAMES LOGAN DIEZ # 342162 was confined in ANY detention facility
under a parole Pre-Revocation Hearing Warrant (Blue Warrant);
111. ALL TDCJ Parole Division/Board of Pardons and Paroles records maintained which
show periods JAMES LOGAN DIEZ #342162 has been held on ACTUAL Confinement
under GPS and/or SISP (Super Intensive Supervision Program) House Arrest and/or
confined so at the El Paso Transitional Center; and/or,
4
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12,797-B / Ct.Crim.App. No. 14,622-18
1v. ALL other documents/records which show any/all periods of Time on parole/mandatory
supervision JAMES LOGAN DIEZ #342162 is legally entitled to credit for against his
Sentence of Record in Cause No. 12, 797-B.
ATTENTION; Petitioner vigerously asks the Court NOT accept any TDCJ Computer print-out,
NOR~· "Summary" of Petitioner's Time Credits from Charley Valdez or other TDCJ/Board
Employee/Member, as it is obvious that SOMEONE has entered INCORRECT dates into the
Computer at SOME point in Time, hence, ALL calculations/summaries by/from said computer
have been rendered UNRELIABLE.
ONLY by complete review of the ORIGINAL documents will it be possible to get Petitioner's
TIME SERVED CREDITS and Sentence Discharge Date cleared up.
Petitioner asserts that the extraordinary conflict between the THREE diverse Discharge
Dates for his Sentence; the fact State Officials ignored the Court's June. 25, 2014, finding that
Petitioner's Sentence was Discharged; the fact State Officials have NOTfollowed the proper
legal procedure to appeal or dispute said finding by the Court; and, the fact Petitioner has well
documented the controversy, is more than adequate to justify extraordinary measures by the
Court and the issuance of a Writ of Mandamus as requested by Petitioner.
THEREFORE, in conclusion, Petitioner Prays the Writ of Mandamus 1ssue and he be
ORDERED Discharged and Released from Sentence No. 12,797-B of30 years. 2
So Petl.tioned and Prayed for this the 22nct day of September 2015.
'·
2
This Court, also, ruled long ago that parole fees constitute a Cost incidentto the Sentence imposed by the Trial
Court, since parole and all conditions thereof are part of the imposed Sentence. Therefore, this Court held, the
imposition of parole fees can NOT be applied to offenses which occurred BEFORE the statutory parole fee was
enacted and took effect, for such would violate Ex Post Facto.
Nonetheless, TDCJ Parole Division has EXTORTED parole fees from Petitioner despite the fact his offense and
trial occurred BEFORE the parole fee statute took effect.
Petitioner, therefore, would respectfully ask the Court to, also, ORDER the TDCJ Parole Division to cease and
desist in its efforts to extort parole fees from JAMES LOGAN DIEZ #342162; and, TO REIMBURSE ALL PAROLE FEES
PREVIOUSLY OBTAINED FROM DIEZ ON CAUSE NO. 12,797-B.
5
IN THE TEXAS COURT OF CRIMINAL APPEALS
In Re: State of Texas vs. James Logan Diez
Cause No. 12,797-B I Ct.Crim.App. No. 14,622-18
CERTIFICATE OF SERVICE
I, James Logan Diez, do hereby Certify under penalty of perjury that a true and correct copy
of the above and foregoing Petition for Writ of Mandamus, along with Exhibits A-C, has been
served by U.S. First Class Mail to the following on :;f!nct September 2015:
• Texas Attorney General
• TDCJ Director William Stephens
• TDCJ Parole Division Director Stewart Jenkins
• File
'\
6
EXHIBIT A
. .
·'
APPLICANT JAMES LOGAN DIEZ APPLICATION NO. WR-14,622-18
APPLICATION FOR 11.07 WRIT OF HABEAS CORPUS
ACTION TAKEN
.
"1.) •
EXHIBITB
CSIMF800/INI801 COMMITMENT INQUIRY 08/22/14 13:53:2
INMTCICS/LHA9541 /605 TDCJ-ID NO: 00342162 SIDNO: 01968225
NAME: DIEZ,JAMES LOGAN APPL: STATUS: P D8 L1 #OFF: 02
OLD TDC#: 00000000 CNTY CONV: 226 ~
OFF-REC: 2209 U:RJ RL: 11-27;,..2013]REC: 09-09-1982 MAX-TERM: 30Y OM OD
PEN-REC: 030.020 MAX-EX: 12-05-2015 BEGIN:,.:05±13-1982~ PAR-ELIG: 11-16-2001
ISF OFF CAT ISF~PE: IS - HB1433: N HB1433 VOTE:
DYNAMIC RISK ASSESSMENT TYC: ~ HB1433 MIN EXP
OFFCD: 22090000 BURG HAB-I~ _· JJ'._{ _t-Jo}.~,CJ
1DEG - _1-/~W J ~ 65TH
PENAL: 030.020 MS :YCPL_EA:"G-:CAUSE: 12 I 797-B CNT: 00 OFF:OS-06-1982
CC CNTY OFF:226 CNTY/CRT:226 119 MAX TERM: 30Y OM OD BEG:OS-13-1982
MIN EXPJi~..:.27~20\3~(§X: 1Z:OS-20_15 \PAR ELIG: 01-01-0001 SENTENCED: 07-21-1982
HB1433:N HB1433 VOTE: HB1433 MIN EXP: REST: N
OFF TDCNO: 00342162 CTO DATE 01-01-0001
OFFCD: 20110000 ARSON
2DEG 70TH
PENAL:028.200 MS:Y PLEA:G CAUSE:CR89-0681-A CNT: OFF:10-21-1989
CC CNTY OFF:226 CNTY/CRT:226 051 MAX TERM: SY OM OD BEG:10-21-1989
MIN EXP: 10-31-1996 MAXI:_10--31..;.199~1 PAR ELIG: 01-01-0001 SENTENCED: 02-07-1990
HB1433 :N HB1433 VOTE: HB1433 MIN EXP: REST: N
OFF TDCNO: 00342162 CTO DATE 01-01-0001
PF7:UP,PF8:DOWN,PF2:TOP OF LIST,OR NEXT REQUEST/TDC OR SID
·-·-·-
END OF OFFENSES; ALL OFFENSES HAVE BEEN DISPLAYED
• - 1t .
EXHIBITC
:9'FIDAVlT OF CHARLEY V A.l,l):EZ
STATE OF T:EXAs
COUNTY OF WALKER
BEFORE ME, the Undersigned, a Notary Public in and for the State of TellaS. on this day ·
personally appeared Charley Valdez, who, after being duly sworn, deposes as follows:
"My name Is Charley Valdez. ram over twenty-one years of age, of sound mind; capable of
making this affidavit; and personally acquainted With the faats herein stated.
I am employed as Program Sllpei"Visor Ill for the Classification and Records Department
("CRD") of the Texas Department of Criminal Justice-Correctional Institutions Division, and my
office is located in Hunts-ville, Texas. I have reviewed time records kept by the CRD regarding
Offender James Logan DJez, TDCJ I# 342162. CRl:> mairttaln~ these records in the regular course of
business of every offender confined; and It was the regular course of business for an employee or
representative to TOC1-CID with knowledge of the act, event, condition, opinion or diagnoses,
recorded to make the record or to transmit infonnatlon thereof to be reasonably soon thetef!ft:er. Based
on my review of these records, the following table contains the current sentence infonnat!on for Diez.
.·
niez. James Logan TDCJ# 3421fi2
Page2
Offense County Caus!: Number Sent~cb · Offens~ Sentence Sentence MAXimum
Oat~: Date Besin Date Discharge Date
'·i
' i
! IUieased To Pr~>ollevocatloil Warrarit Warrant Sllp~rvision Jail Credit Tim~ Forfeited
!
Super.vtsloo , W!\rrPntlssneil Executed Wltlidraw11 R~voked
i
(.
1.'
l
11·27·2013 l-20·2014 -./ 1-20-2014 ..( 5-lS-2014 1·2o.2014 to ,( No1. Revol:cd·
1 ,; 5-28-2014 v..
6-16-2014 ../ 6-16-2014 ·/ 7-3-2014 6-16-2014 to v' Not Rcvol:cd·
·./ 7-3-2014 · v". -
Offender Die% was received into 1'DCJ custody on 9-9-1982 from Tom Green County on a 30-year sentence. Offender
Diez was convicted by the 119111 District Court for the following:
)Burglary Habitation, under cause number 12,797·8. Offender Diez was convicted for an offense occurrin~ on
5-6-1982, with sentencing on 7-21·1982 !§dseritence to begin on 5,13-1982:; '~. "'
I'I?'Y .
Offender Diet was released from TDCJ custody orf~=27=1988-to parole \ 2,-:::'::,.~ ro/'? I J "l 9,/
. ~fo;?-z?·T-
'""':c ,-·~1- ____ , -· - A>I.z/gJ
A pre-revocation warrant of arrest was issued ~'L2:1.0:12~9J>y the Parole Division, and executed on-~-l0-1-989-in Tom
Green County, and warrant withdrawn oh3=-w~~279ff.en~er Oie2 rljCeive-Arson,
of'o:~~
und~r ~aus.e !!'!~Tiber .CR$2:~681-A. O!f~~~- Di~~ w~ co~y-i~d for a_n...,~ffet:tse occurring on
([0-21-I91!9,~withs_entencingon~:7-1990:':,sentencetobeglnon 10-2)-1989. J <·..::=
'J '&".:..£ :, r- .;!-'\,
~ tft"J' Offender !'!ez~ P_!II'Oie was revoke~ on_l:;t'8;J?9o-::=_o.ffender Diez was charged with out of custody for time s~ent
v on superv1s1on, !·year, 2-months, ~d 24~!-Y!. (Seotton 508.283, Texas Ooverrunent Code, regarding street t1me
credit, applies iln!Y. to @YOcations on or
after 9-1-2001 ). Offender Diez received jail credit frortJ~fl~Th'~Oto date'
of next release onJ 1-2·1~~0:]
Offender Diez was released from TDCJ custody to parole oil:. I l·~ ttfl't
Diez, James Logan TDCJ# 342162
Pa&e4
Program Supervisor III -
Classlficatiou and Records
Texas Department of Criminal Justice
Correctiooallnstitutionsl>iv.ision
SUBSCROitD AND SWORN TO before me, the said Notary Public on this the 10 day of
111
December. 2014, to certify whioh wlmess my hand and seal of office.
Notary Public In and For
The State ofTexas
(
6S~29r62~S'f6:Cl
TDCJ-OIMS Page 1 of2
~ TDCl-O!MS
NAME: D!E'Z , lAf'llf.S LOGAN Fact sheet ID
LOCATION: ~L PA';() CfN'IT'R·c')ll"fl"
',-cASe·-.' '- - ·· ~ " 1
-=----·_
1
SID! OJ 9682:?.5 Public Information ID
~-OWNER: i i.U.? 9UJNONES' -~ .
STATUS: Normill Re~c1rt TDCl : 0034 2162 • TYPE :Super-Intensive
... supervision
Public Information Display
Demographics
Age 59 Hair color Brown
Date of birth 06/15/1956 Eve color Blue
.,_ <'
State/ County of birth TX/TbM GREEN Height 6' 04' ..
Race WHITE Weight ~.05 ~I!
- '
NCIC Race WHITE
?
Gender MALE Shoe size 11.0
~
I .
. --·- ..
~ . .. JA~lES CDIEz,-jAMES~biEZ';"'JAMESWGANDIAZ7""
-~ ........ ~ ...... -·-~----- .
~ TDCJ-ID commitment summary
c, <:>- Projected release date 02/27/2014 Parole eligibility date
,. c::J ·~? Max expiration date [Qs;o7/2o16-::J Sentence begin date 05/13/1982
-.
1/ Latest received date
Offense of record
Offense BURG IIABJT NCIC{Penalcode 22090000 I 030020
County of conviction TOM GREEN Cause number 12,797-B
Court of conviction 119 Sentence type Concummt
Sentence length 30yr(s) Omo(s) Oday(s) Count 00
sentenced date 07/21/1992 ., ,,.·, cease to operate date
~~ato~~·-- ves·_~f c~ r/ ~ Deadly weapon No
. c
Other offenses
Offense ARSON NCIC/Penal code 20110000 I o2e2o0
countv of conviction TOM GREEN Cause number CR89·068l-A
court of conviction 051 Sentence type Concurrent
sentence length Syr(s) Omo(s) Oday(s) Count
Sentenced date 02/07/1990 cease to operate date
Flat onlv No Deadly weapon No
Any Out of State and/or other commitments For this offender can be vlewert on the Commitments
scl'een.
Restitution
Restitution (
' ·-
Yes
., Amount of restitution TBD
Institutional
Discretionary
Offender tvpe IS mandatory supervision No
case
Initial received 06/22/1993 SB45 case No
From countv EL PASO
Release information
\Release
~~---
date - 11/27/2013 Departure type Mandatory
Release county EL PASO Current residence 1650 HORIZON BLVD.
~ORTH
EL PASO, TX
http://oims~pesweb l/oims/offender/publicinformation/publicinformation.jsp?_tdcjld=003... 12/10/2014