Alford Winkfield v. State ( 2015 )

MOVANT, ALFORD JAY WINKFIELD
FILED A WRIT OF HABEAS CORPUS (WHC)(2)
ON OR ABOUT MARCH 27, 2015 ON THESE
STATUTE OF LIMITATION MATTERS
SAID APPLICATION WAS FILED IN
THE 18TH DISTRICT COURT OF JOHNSON COUNTY
CLEBURNE TEXAS, IN TRIAL CAUSE NO: F-43573.
COURT OF APPEALS
WACO, TEXAS
(cover-page)
AffiIL-.fr-,2015
District Clerk,
David R. Lloyd
Guinn Justice Center
204 S. Buffalo Ave. Ste. 206
P.O. Box 495
Cleburn, Texas 76033-0495
(817) 556-0495
Re: Request for file-mark, Movant's Pro-se Motion for Judicial Notice.
Cause Number: F-43573
Style: Alford J. Winkfield vs State of Texas
Court: 18th District Court of Johnson County, Texas
Honorable John E. Neill Presiding
Dear Mr. Lloyd / Clerk,
Please find enclosed for filing Movant's Pro-Se Motion for Judicial
Notice w/proposed order & Bench Warrant attachment.
Movant Winkfield, is requesting for said Motion to be filed with the
18th District Court of Johnson County, Texas for the Honorable Judge:
John E. Neill, considerations of Movant's pleadings therein.
Sincerely,
AlMrd J. Winkfiel/, #1664170
Wynne Unit
810 FM 2821
Huntsville, Texas
77349
Thank-You, in advance for your time and assistance with this matter.
I.
(LET. TO CLK. REQUEST FOR FILE MARK)
CAUSE NO. F-43573
ALFORD J. WINKFIELD, § IN THE 18TH DISTRICT COURT
VS. § OF JOHNSON, COUNTY
THE STATE OF TEXAS, § TEX\S
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Alford J. Winkfield, T.D.C.J No. 1664170 Movant Pro-Se, here-
an-after, to present:
MOTION FOR JUDICIAL NOTICE
"...and moves this Honorable Court to take judicial notice of certain ad
judicative facts; and in support thereof would show the Honorable Court as
follows:
I. STATEMENT OF THE CASE
Briefly,
The State of Texas vs. Alford J. Winkfield, in the above aforementioned
cause of said Court, for the CHARGE: Agg. Sexual Assault of a Child, the defendant
PLEAD: Guilty & True to two enhancement paragraphs, VERDICT: Guilty, SENTENCE:
"LIFE", T.D.C.J - ID.
II. PROCEDURAL HISTORY
Additional post-conviction proceedings as follows:
APPEAL: Winkfield vs. State CAUSE NO. 10-10-00394-CR COURT: 10TH District Court
of Appeals JUDGEMENT: "Affirmed", the trial courts Judgement & Sentence, In an
unpublished opinion, September 28, 2011.
DATE: February 1, 2012 FILE-MARK DOCUMENT: Petition for Discretionary Review (PDR)
COURT: Court of Criminal Appeals of Texas CAUSE NO. PD-1590-11
JUDGEMENT BY COURT: "Refused"
DATE: April 18, 2013 FILE-MARK DOCUMENT: Writ of Habeas Corpus, w/supporting
memorandum of law, as said writ was filed w/COURT: 18th District Court of Johnson
County, Texas, FORWARDED TO: Court of Criminal Appeals of Texas, WHC (l)
Ex Parte Winkfield, WR-79,807-01 (State Habeas, Rec. "S.H.Tr." 199-210)
FILED: April 18,2013
On September 4, 2013 Petitioner Winkfield, sent a "Formal Letter", to the U.S.
District Court,for the Northern District of Texas— Dallas Division, Requesting
permission to file an untimely Federal Petition §2254 (Doc. 3. at l) said Court
allowed Petitioner (30) days to file an amended Federal Petition. (Doc.4)
On October 6, 2013, Petitioner Winkfield, mailed his amended Petition on the
appropriate form w/request for file-mark.
-1- C0PY
ORIGINAL
MMCN RE JUDICIAL NOTICE, Cont.
II. PROCEDURAL HISTORY Cont.
United States District Court— Office of the Clerk, issued Cause No.
3:13-CV-3651-L (BH) Style: Alford J. Winkfield, vs. William Stephens, Director/
Petitioner Respondent, T.D.C.J - ID
On November 12, 2013 U.S. District Court for the Northern District of Texas-
Dallas Division, "dismissed" §2254 Petition w/prejudice, adopting the Magistrate's
Findings, Conclusions, and Recommendations of October 17, 2013.
No. 3:13-CV-3651-L (BH) " vs.
III. TEX. R. EVID. 201
Tex. R. Evid. Rule 201 provides that a trial court may take judicial notice
of adjudicative facts. The Rule further provides that judicial notice is mandatory
when requested by a party and when the trial court is supplied with the necessary
information.
TV. JUDICIAL NOTICE REQUESTED
In this case, the Movant Winkfield' T.D.C.J No. 1664170 request herein that
the Honorable Courts take judicial notice that judicial notice is requested, for
the following adjudicative facts:
(1). Defendant Winkfield's charges from 2000, s/be
Tex. Penal Code 22.021(a)(2)(B). He was/is charged
under 2007 Codes. Whereas, the alleged crime occurr
ed in 2000. The statue of limitations for Tex. Penal
Code 22.021(a)(2)(B) is three (3) years. Ref. Texas
Code of Criminal Procedure, Art. 12.01
Under the Ex-Post Facto law, they the Courts should
have went back to law in 2000 that was in effect at
the time of the offense.
(2). The date the complaint was signed by the all
eged victim, the courts had (90) days to indict. If
the complaint was signed in or after 2007 it is sub
ject to Ex-Post Facto law. Because, the law changed
in 2007.
(3). In the instant case, signed in 2009, it is the
subject of the Ex-Post Facto law, which means the 2000
law is not the same law created in 2007.
All offenses in 2000 such as 22.021(a)(2)(B) state a
3-year statue of limitations.
optotmat -?- COPY
MOTION KR JUDICIAL WTKE, Gent.
IV. JUDICIAL NOTICE REQUESTED
Cont.
(4). In 2000 Texas Penal Code was cited as 22.011(a)
(2)(C), a second degree felony. See: (F) of the Penal
Code 22.011(A)(1)(f) sets forth how the courts elevated
said offense to a first degree felony.
V. SUBMISSION TO COURT
Movant Winkfield' submits he has supplied the Court's with the necessary
information for the taking of Judicial Notice. Singleton v. State, 91 S.W.3d 342 (2002)
Movant is requesting, an opportunity to be heard. Tex. R. Evid, 201 (e)
as he is requesting a "Live Evidentiary Hearing", be afforded to resolve the
issue— of his current sentence, s/be void and illegal. Further, requesting
that he may be bench warranted from his current place of confinement and appoint
ed counsel for the aforementioned reasons.
PRAYER
WHEREFORE, PREMISES, CONSIDERED, winkfield Movant Pro-Se, prays that this
Motion be granted, and the Honorable Court take judicial notice of the adjudicative
facts as requested— and the Honorable Court to consider remidial measures sua-
sponte, on it's own accord to correct Movant's unlawfull confinement.
As, an alternative consider Applicant to draft and submit, a (State) Writ
of Habeas Corpus subsequent writ WHC (2).
DATED ON THIS THE 30 DAY OF April, 2015 CjJJmJQ. )';A*Jffc//Pr0"Se
MOVANT, Winkfield* further submits, Alford
.ford J. WinkfieM,
Winkfield, #1664170
4
for the Hon. John E. Neill presiding Judge's Wy^e \]nit
review and considerations, that this Court
has the authority to correct— said sentence 810 F.M. 2821
and to issue any order's and or directives Huntsville, Texas
to the asst. dist. atty. listed herein, to '
bench warrant— whereas supporting authority 77349
is cited as follows: Trial Counsel' failure
to inform the defendant that the said charges
were barred by statue of limitations, rendered
the Guilty plea involuntary.
U.S. V. Hansel. 70 F.3d 6 (2nd. Cir. 1995)
PLEAD GUILTY: Sept. 14, 2010 (Open Plea of Guilty / Judge)
INDICTED ON: April 8, 2009
CRIME COMMITTED: On or about Feb. 1, 2000
TRIAL BEGAN ON; Sept. 15, 2010
ORIGINAL -3- COPY
CAUSE NO. F-43573
ALFORD J. WINKFIELD, § IN THE 18TH DISTRICT COURT
VS. § OF JOHNSON, COUNTY
THE STATE OF TEXAS, § TEXAS
ORDER
On the day of 2015. Came before the Court Movant Winkfield'
Request for Judicial Notice, Whereas, it is after review of Movant's pleadings
therein, Oppossing argument from the State, If any ?
The Court is of the opinion, that Judicial Notice is hereby:
GRANTED and/or DENIED
BY AND FOR IN THE INTEREST OF JUSTICE.
Presiding Judge:
18th District Court
Johnson county, Texas
Additional directives are listed as follows:
[BENCH WARRANT]
ORIGINAL -4- COPY
CAUSE NO. F-43573
TO: THE WARDEN OF WYNNE UNIT, 810 F.M. 2821,
HUNTSVILLE, TEXAS 77349
BENCH WARRANT
SDOEOFTEES
(HMY OF JON9CN
ALFORD J. WINKFIELD, B/M 5'11%'* DOB: T. D.C.J 1664170
SH# , a prisoner said to be in your official custody,
has a mandate hearing set in the 18th District Court of Johnson,
County Texas, on 2015, at a.m.
You are therefore requested and directed to deliver to the
bearer hereof, BOB L. ALFORD Sheriff of Johnson, County, Texas,
or any of his deputies, the custody of the said ALFORD J. WINKFIELD,
for the purposes and reasons above stated, in order that he may
stand trial for said offense.
WITNESS MY HAND at Johnson County, Texas this day of
,2015
Mart. M. Strahan
Asst. Dist. Atty. / Attorney for State
JUDGE PRESIDING
ATTEST:
David R. LLOYD
District Clerk
Johnson County, Texas
By:
Deputy
ORIGINAL -5- COPY
UNSWORN DECLARATION UNDER PENALTY OF PERJURY
State Law, V.T.C.A. Civ. Prac. & Rem. Code §132.001 - 132.003 / Federal Law §1746
I, Alford J. Winkfield, T.D.C.J No. 1664170 certify that I am currently
incarcerated, at the John M. Wynne Unit 810 F.M. 2821 Huntsville, Texas 77349
Texas Department of Criminal Justice Institutional Division, located in Walker,
County declare under penalty of perjury that the foregoing is true and correct
to the best of my knowledge.
EXECUTED ON THIS THE 30 DAY OF April, 2015. Ci9Lt,