Henderson, Randy ( 2015 )

Randy Henderson #1170754
George Beto Unit
1391 FM 3328
Tennessee Colony, TX 75880
July 28, 2015 ~·. ~~yl~:t[j) ~~
ee.~r Bf' C'F788 S.W.2d 205, 207 (Tex. App. --:-Houston [14th Dist.] 1990).
The Sixth Court of Appeals misapplied the law by stating " ... this COurt
cannot instruct. the trial court how to rule." See· In re Shaw, 175 S.• :W.3d 901,
904 (Tex. App. -:--Texarkana 2005). Relator never sought the Sixth Court of
Appeals to "instruct the trial Court how to rule." Relator merely sought the
Sixth Court of Appeals to order the trial court to afford him "Due Process"
regarding his Motion for Judgment Nunc Pro Tunc Order. See Exhibit G - Dis-
trict Clerk's file Mark of Relator's Motion for Judgment Nunc Pro Tunc Order
and also, Relator's Unsworn Declaration.
WHEREFORE, PREMISES CONSIDERED, Relator, for rea~on ·shown, moves the
Honorable Court to issue mandamus, ordering the trial court to afford him
hi9 due process right to be heard regarding his Motion for Judgment Nunc Pro
Tunc Order.
Respectfully submitted,
\
Randy Henderson, Relator, Pro se
CERTIFICATE OF SERVICE
I, Randy Henderson, do hereby certify that a true and correct copy of
Relator's Petition for Writ of Mandamus has been served by United States mail
addressed to:
Honorable Leon F. Pesek, Jr.
Bowie County District Judge
3
EXHIBIT A - RElATOR Is .JUDGMENTS
-. ·. '·
Cause No. 03-F-0146~.202 (90UNT ONE)TRJ\f 9027854769,,. ....;,_ "_
. . . . ·.. ~~/ 1.·!~ ;-·;·,:)~/
THESTATEOF TEXAS §
V. .. §
RANDY HENDERSON, §
DEFENDANT
SID: TX0415770~
JUDGMENT OF CONVICTION BY JURY;
SENT~NCE By~; JtJRY To INSTITUTIONAL DIVISION,
TDCJ.
PATE 0F JUDGMENT: May 1, 2003·
JUDGE PRESIDING: Bill Peek
ATTORJ\"EY Fde of Criminal Procedures.
DEFENDANT'S RlGHT THUMBPRINT
,··;.:"·
- "'
Cause No. 03-F-0146-,202 (COUNT THREE) TRN 9027~_54769
. ;· If :7" '""I r~ )'""' =~ •
'":("'I' I ) ' )
. ' ·.· . . .. 11
·: '.
THE STATE OF TEXAS § IN THE 202ND JJBICIA~ P:-1 1: 2 l
v. § DISTRICT COURT OF ;. j ·. · ·
RANDY HENDERSON, § · BOWIECOUN~~
DEFENDANT
Sill: TX04157703
JUDGMENT OF CONVICTION BY JURY;
SENTENCE BYJlJRY To INSTITUTIONAL f?JVISION,.
TDCJ
DATE OF JUDGMENT: May 1, 2003
JUDGE PRESIDING: Bill Peek
ATTORNEY :FOR THE STATE:. Nicole Habersang
ATTORNEY FOR THE DEFENDANT: David Lasbford
OFFENSE: Indecency witb a Child-Sexual Contact
STATUTE FOR OFFENSE: Article 22.11, Penal Code .
DEGREE OF OFFENSE: Second Degree Felony
·.APPLICABLE PUNiSHMENT RANGE
Second Degree 2-20 in prison/max $10,000 fine
· @ciudipg enhancements; if any}:
DATE OF OFFENSE: June 1, 2000
CHARGING INSTRUMENT: Indictment
. PLEA TO OFFENSE: Not Guilty
PLEA TO ENHANCEMENT Not Applicable
P ARAGRAPH(S):
. VERDICT FOR OFFENSE: Guilty·.
FINDING ONiENHANCEMENT:·· NotApplicable
AFFIRMATNE FINDING ON ·Not Applicable ·
DEADLY WEAPON:
OTHER AFFIRMATIVE Not Applicable
SPECIAL FINDINGS:
DATE SENTENCE IMPOSED: May lt 2003
.· ·..... PUNISHMENT A~ PLACE OF 15 years in the InstitutionalDivision-TDCJ, and a
CONFINEMENT: $Nonefine '
TIME CREDIT]s:D TO SENTENCE: 06-27:..01 to 06-28-01
os..;Ol-03 to Present
COURT COSTS: $237.25
TOTAL AMOUNT OF. RESTITUTION: $None
NAMEAND ADPRESS FOR
RESTITUTION:
· DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No.03-F·Ol46-202; Page 1 of3 Pages
. . The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the
Defendant. The age of th~ victim at the time of the offense was 10 years old.
This sentence shall run concurrent.
On the date stated above, the above. numbered and entitled cause was regularly reached
.and called for trial, 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 trial, and the Defendant pleaded ·not guilty and a jury, to wit: Derek Dwight, and
eleven others. was duly selected,· impaneled and sworn. Having heard the evidence submitted
and having been duly charged by the Court, the jury retired. to consider their verdict. Afterward,
being brought into open coun by the proper officer, the Defendant, the Defendant;s attomey,and
the State's attorney being present, and being asked if the jury had ,agreed upon a verdict, the jury
to
answered it had and returned the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes ofthe Court as follows:
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by sexual contact as charged in count three oftht indictment.
Thereupon, the Defendant having previously elected to have the punishment assessed by.
the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment. Thereafter; the jury
retired to consider such question and, after having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the Defendant's attorney, and the State's
attorney· being present, and being asked if the jury had ·agreed upon a verdict, the jury answered
it had and returned to the Court a verdict, which was read aloud; received by the Court, and is
now entered upon the Minutes ofthe Court as follows:
We, the jury, having found the defendant Randy Henderson, guilty of indecency
with a child by sexual contact as charged in count three of the indictment, assess his
punislJment at .confinement for 15 years in the I,nstitutional Division of the Texas
Department ofCriminal Justice. . ·
A presentenceinvestigation report was not required or done.
And thereupon the Court asked the Defendant whether the Defendant had anything to say
.why said sentence should no.t be pronounced upon said Defendant, and the Defendant answered
nothing in bar thereof. ¥/hereupon 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 stated above, the punishment is fixed as stated above, and the State of
. . . I . . .
Texas do have and .recover of said defendant all court costs in this prosecution expended, for
which execution will issue. ' · ·
. . . .
DS4~ Judgment of Conviction by Court; Sentence By Jury, Cause No. 03~F-0146-202; Page 2. of3 Pages
. ·.i
.-.
It is ORDERED by the Court that the Defendant be taken by the authorized a ent of the
State· of Texas or by th~ Sheriff of this county and be safely conveyed and de live ed to the
Director, Institutional D.ivision- TDCJ, there to be confined in the manner and -for e period.
aforesaid, and the said de,fendant is hereby remanded to the clistody of the Sheriff oft s county
until such time as the Sheriff can obey the directions of this sentence.
The defendantis given credit as stated above on this sentence for the time spen
jail. The Defendant also is ordered to pay restitution to the person(s) named above in
specified above.
Furthermore, the following special findings or orders apply:
Special DL for Sex Offender: Pursuant to article 42,016, Code of Criminal Proced e, the court
orders the Defendant to apply for an original or renewed Texas Driver's License r personal
identification certificate not later than 30 days after release from confinement or up receipt of
written notice fron1 the Texas Department of Public Safety (DPS) and to annuali" renew the
license or certificate. In addition, DPS shall place an indjcation on the Defenda t's driver's
license or personal identification certificate that the Defendant is subject .to the s x offender
registration requirements. In addition, the clerk of the court shall send a, copy of this order to the
DPS and to the Defendant.
THIS COUNT IS; TO RUN CONCURRENT WITH COUNTS 1,4, 5 AND 6.
«
Signed on the )lo' .:. day of May, 2003.
DS4: judgment of Conviction by Court; Sentence By Jury, Calis~ No. 03-F-0146-202; Pa 3 of3 Pages
I
efu~·"Zr N. ~ 1'MQ t~~PS NuMBER 0 3 · E·~ c> ;y ~ " :;wz_
CAUSE NUMBER . ·
I CERTIFY THAT THE ABbVE CAPTIONED INMATE
HAS COMMITTED NO SERIOUS ACTOR MISCONDUCT
VlHILE IN MY ClJSTODY
I CERTIFY THAT THE ABOVE CAPTIONED INMATE
C011MITTED SERIOUS A.CTS OF MISCONDUCT AS
FOLLO\VS:
INCIDENT DATE
DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE
ABOVE CAUSE NUMBER IN CHRONOLOGICAL.ORDER:
·QUI
& '2--«-0 J
TDCJ COORDINATOR
~---COUNTY SHERIFF DEPARTMENT
THIS FORivl SHOULD ACCOMPANY ALLINMATES·COMMITMENT.
PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF
.CRIMINAL JUSTICE INSTITUTIONAL DIVISION.
' -
ATI: STATE READY DEPARTf\1ENT
This page is attached hereto and made part hereof the judgment in this cause, pursuant to
Article 38.33 of the Texas Code of Criminal Proced'ures.
DEFEND.A.Nr•s RI\}HT THUMBPRINT
Cause No. 03-:F-0146-202 (COUNT FOUR) TRN 9027854-?~~L .- <··- _
• '·. • • ~ •' • • l ' ' : (\ 0 .. -~ [ .. ·~ ,..~~??..r-1
. . Q'J ~ ... ·~ r;·,...., . .
THE STATE OF TEXA.S § IN THE202ND.JUDibtAL:.J p,·-1 lo: 21
v. § DISTRICT COUR,J~:OQ
- -. -- _
RANDY HENDERSON~ § BOWIECOUNTY
- '%1~
0
,:·cJrx
,,
0
__ s·Q- -
00
/ /__ _L
DEFENDANT i - -~"' c.d'-~-- ~~
,
- 0-
-
-
SID: TX04157703 I
JUDGMENT OF CONVICTION B'Y JURY;
SENTENCE B:Y JlJR.Y To INSTITUTIONAL DIVISION,
: -- TDCJ
DATE OF JUDGMENT: May 1, 2003.
niDGE PRESIDING: BiU Peek
ATTOR."NE:Yi FOR mE STATE: Nicole Habersang
ATTORNEY FOR THE DEFENDANT: David Lash ford
-OFFENSE: Indecency with a Cbild-Sexual Contact
STATUTE FOR OFFENSE: Article 22.11, Penal Code
DEGREEOF'OFFENSE: Second Degree Felony
APPLICABLE PUNISHMENT RANGE
Second Degree 2-20 in prison/max $10,000 fine
(inclucfuigenhancements, ifany):
DATE OF OFFENSE: October 1, 2000
CHARGiNG INSTRUMENT: Indictment
PLEA TO OFFENSE: Not Guilty
PLEA 10 ENHANCEMENT Not Applicable
' PARAGRAPH(S):
I
VERDICT FOR OFFENSE: Guilty
FINDING ON ENHANCEMENT: Not Applicable
AFFIRMATIVE FINDING ON Not Applicable
DEADLY WEAPON:
OTHER AFFIRMATIVE Not Applicable
SPECIAL FINDINGS:
DATE SENTENCE IMPOSED: May 1, 2003 -
PUNISHMENT AND PLACE OF 15 years in the Institutional Division-TDCJ, and a
; CONFINEMENT: $None fine ., .
TIME CREDLTED TO SENTENCE: 06-27-01 to 06-28-0l·
05-01-03 to Present
COURT COSTS: $237;25
TOTAL AMOUNT OF RESTITUTION: $None
0
NAMEiAND @PRESS FOR
RESTITUTION:
DS4: Judgme~t ofCO:nv~ction by Court; Sentence By Jury, Caust: 'l'oo 03-F"0146-202; Page 1 of 3 Pages
The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the
Defendant The age of the victim at the time of the offense was 10 year~ old.
This sentence shall run concurrent.
'
On the date stated ~hove, the above numbered and entitled cause was regularly reached
and called for trial, 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
1
ready for trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and
eleven others, was duly s'elecled,
I ,.J
impaneled and sworn. Having heard the evidence submitted
,
and having been duly cha{ged by the Court, the jury retired to consider their verdict. Afterward,
being brought into open court by the proper officer, the Defendant, the Defendant's attorn~y, cind
the State's attorney being :present, and being asked if the jury had agreed upon a verdict, the jury
answered it had and retumed to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes of the Court~· follows:
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by sexual contact,as charged in count four Of the indictment. .
Thereupon; the Defendant having previously elected to have the punishment asseSsed by
the jury, pleaded to the eriliancement paragraphs, if any, as stated above, and thejury was called
of
back into.the box and heard evidence related to the question punishment. Thereafter, the jury
retired to consider such question and, afier having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the Defendant's attorney, and the. State's
attorney being present. ~d being asked if the jury had. agreed upon a verdict, the jury answered
it had and returned to th~ Court a· verdict, which was read ;1loud, received by the Court, and is
now entered upon the Minutes of the Court as follows:
We, the jury, ha:ving found the defendant Randy Hender:son, guilty of indecency
with a child by sexual contact as charged in count four of the indictment, assess his
punishment at c~nfinement for 15 yea·rs in the Institutional Division of the Texas
Department of Cfiminal Justice.·
' . .
A presentence inv~stigation report was not required or done.
I .
····· ··-----·- ··-···-····--·----·:.. _______________________________ _
And -ihereup.on-ilie.Courfasked the Defendant whether theDefendanthad ariythingto say··--------··-.
why said sentence should: not be pronounced upon said Defendant, and.the Defendant answered ·
. nothing in bar thereof. I Whereu:pon 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 s~ted above, the punishment is fixed as stated above, and the State of
Texas do have and reco·o,~cr of said defendant all court costs in this prosecution expended, for
which execution will issue. ·
DS4: Judgment of~onviction by Court; Sentence By Jury, Calise No. 03-F-0146-202; Page 2 of 3 Pages
·.-
It is ORDERED by the Court that the Defendant be taken by the authorized agentofthe
State of Texas or by the Sheriff of this county and be safely conveyed and delivered to the
Director, Institutional Qivision-TDCJ; there to be confined in the manner and for the period
aforesaid, and the said d~fendant is hereby remanded to the custody of the Sheriff of this county
until such time as the Sheriff can obey the directions of this .~entence.
The defendant is given credit l,1S stated above on this sentence for the time spent in county
jaiL The Defendant also i:s ordered to pay restitution to the person(s)named above in the amount
-specified above.
Furthermore~ the following special fmdings or orders apply:
-Special DL fot· Sc:x: Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court
orders che Deft:nd~nt to apply for an original or renewed Texas Driver's License or personal
identification certiticate not later than 30 days after release from confmement or upon receipt of
written notice frorp the Texas Department of Public Safety (DPS) and to annually renew the
license or certificate. In addition, DPS shall place an indication on the Defendant's driver's
license or personal identification certificate that the Defendant is subject to the sex offender
registration require~1ents. In addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant.
TillS COUNT lS TO RUN CONCl.JRRENT WITH COUNTS 1, 3, 5 AND 6.
.. "r--1-}
Sigried on the .JL. day ofMay, 2003.
Judge Presiding
·--·~----·----···----------------------··-········
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Page 3 of 3 Pages
I ~ERTIFY THAT THEA!BiOVE CAPTIONED INMATE
HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT
WHILE IN MY CUSTODY .
I CERTIFY THAT THE ABOVE CAPTIONED INMATE
~01v1MITTED SERIOUS ACTS OF MISCONDUCT AS
FOLLO\VS:
INCIDENT . DATE
-DATES SUBJECT HAS BEEN ARRESTED AND -RELEASED ON THE
ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:
u.- 2:-«-o r
. 5 -- I - o-·--'--·_.-----,---~----------
--·------
_ _.:__~-------------------~-__;__~---
···-··· -~- ----------- ------------------------------------ - - - - -- -·-- -------------- --- ------------·-------------- __ ..... __ ----- -- ----------
TDCJ COORDINATOR
COUNTY SHERIFF- DEPARTMENT
---'--
THIS FORl\1 SHOULD ACCOMPANY ALL INMATES COMMITMENT
PAPERS TRANSFERRED TO THE TEXAS DEPARTMENT OF
CRIMINAL JUSTICE INSTITUTIONAL DIVISION.:
ATT: STATEREADYDE?ARTMENT
.)
nUs page is attached hereto and made part hereof the judgment in this cause,· pursuant to·
Article 38.33 of the T:exas Code of Criminal Procedures.
DEFENDANJ·s RlPHT THUMBPRINT
---· __ ; __________ _:,;_.:. ______ ,__ --------·-----------------------------·---' -· ·-· --------------- -·-- . . ___ . _____ _____ ... -·-···-··----------------------·· ---------.. ··-····· ------- -----------·--·---------------- --------------
,.
:·.
Cause No. 03-F-0146-202 (COUNT FNE) TRN 90278547~9r: '-np .')!;; .... ~.:~n
·THE STATE OF TEXAS §
V. §
RANDY HENDERSON, §
DEFENDANT.
SID: TX04157703
JUDGMENT OF CONVICTION BY JURY;
SENTENCE BY JURY TO INSTITUTIONAL DIVISION,
TDCJ.
DATE OF JUDGMENT: May 1, 2003
JUDGE PRESID'IJ'.l'G: Bill Peek
ATTORNEY FOR THE STATE: Nicole Habersang
ATTORNEY FOR THE DEFENDANT: David Lasbford
OFFENSE: · Indecency with a Child-Sexual Contact
STATUTE FOR OFFENSE: Article22.11, P.enal Code
DEGREE OF OFFENSE: Second Degree Felony
APPLICABLE PUNISHMENT RANGE
(including enhancements; if any): Second Degree '2-20 in prison/max $10,000 fme
DATE OF OFFENSE: December 20,2000
CHARGING INSTRUMENT: Indictment
PLEA TO OFFENSE: Not Guilty
PLEA TO ENHANCEMENT Not Applicable
P ARAGRAPH(S):.
VERDICT FOR OFFENSE: Guilty
FINDING ON ENHANCEMENT: Not Applicable
N"F1RMATIVE FINDING ON . Not Applicable
DEADLY WEAPON:
OTHER AFFIRMATIVE Not Applicable
SPECIAL FINDINGS:
DATE SENTENCE IMPOSED: May 1, 2003
Pt:JNISHM'ENT AND PLACE OF 15 yearsin•tbeiinstitutional-Division"'TDCJ, and a
. CONFINEMENT: $None fine .
TIME CREDITED TO SENTENCE: 06-27~01 to 06-28-01
05-01-03 to Present
COURT COSTS: $237.25
TOTAL AMOUNT OF RESTITUTION: $None
NAME AND ADDRESS FOR
RESTITUTION:
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F~o 146-202; Page 1 of 3 Pages
The Sex Offender Registration Requirements under Chapter 62, CCP, apply to the
Defendant. The age of the victim at the time of the offense was 10 years old.
This sentence shall run concurrent.
On the date stated above,· the above numbered and entitled cause was regularly reached
. and called for trial, 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 trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and
eleven others, was duly selected, impaneled and sworn. Having heard the evidence submitted
and having been duly charged by the Court, the jury retired to consider their verdict. Afterward, ·
being brought into open court by the proper officer, the Defendant, the Defendant's attorney, and
the State's attorney being present, and being asked if the jury hadagreed upon a verdict, the jury
answered it had and returned to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes of the Court as follows:
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by sexual contact as charged in count five of the indictment.
Thereupon, the Defendant having previously elected to have the punishment assessed by
the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment. Thereafter, the jury
retired to consider such question and, after having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the' Defendant's attorney, and the State's
attorney being present, and being. asked if the j Liry had agreed upon a verdict, the jury answered
it had and returned to the Court a verdict, which was read aloud, received by the Court,- and' is
now entered upon the Minutesofthe Court as follows:
We, the jury, having found the defendant Randy Henderson, guilty of indecency
with a child by sexual contact as charged in count five of the indictment, assess his
punishment at confinement for IS years in the Institutional Division of the Texas
Department of Criminal Justice.
A presentence investigation report was not required or done.
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.
Jt is therefore ORDERED, ADJUDGED and DECREED by the Court that the defendant
is guilty of the offense stated above, the punishment is fixed as stated above, and lhe State of
Texas do have and recover of said defendant all court costs in this prosecution expended, for.
which execution will issue.
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03·F·Ol46-202; Page 2 of 3 Pages
'
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, Instit~tional Division-TDCJ, there to be confined in the manner and for the period
aforesaid, and the said defendant is hereby remand-ed to the custody of the- 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:
Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court
orders the Defendant to apply for an original or renewed Texas Driver's License or personal
identification cert1ficate not later than 30 days after release from confinement or upon receipt of
written notice from the Texas Department of Public Safety (DPS) and to annually renew the
license or certificate. ln addition, DPS shall place an indication on the Defendant's driver's
license or per3';onal identification certificate that the Defendant is subject to the sex offender
registration requirements. In addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant. -
CumuJat-ion Order(Art. 42.01, Sec 1( 19) CCP): The co@ orders ili,_~t-_the sertfe'fice· iif this
cori~icti.C:m''shaU1l\rufl1cofi'secutively arid shall Bighr only when the judgmen(and seritence in Count
_6 has ceased to op~ratc; -
- THIS COlJNT IS TO RUN CONSECUTIVE WITH COUNT 6 Al"'ID IS TO RUN
CONCURRENT WITH COUNTS 1, 3, and 4.
~
Signed on the. ) !:;; ~:day ofMay, 2003.
Judge Presiding
0
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03·F-0146-202; Page 3 of3 Pages
--"---· I CERTIFY THAT THE A'BtJVE CAPTIONED INMATE
HAS COMMITIED NO SERIOUS ACT OR MISCONDUCT
\VHILE IN MY CUSTODY
I CERTIFY THAT THE ABOVE CAPTIONED INMATE
COMMITTED SERIOUS ACTS OF MISCONDUCT AS
FOLLO\VS:
INCIDENT DATE
DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE
ABOVE CAUSE NUMBER IN CHRONOLOGICAL 0120yearsin:.the·IIlstitution'a1Division•TDCJ, and a·
~ONFINEM~NJ: $None fine .
TIME CREDITED TO SENTENCE: 06-27-01 to 06-28-01
iI 05~01-03 to Present
COURT COSTS: . $237.25
TOTAL AMOL'NT OF RESTITUTION: .$None
NAME AND ADDRESS FOR
· RESTITUTION:
I
DS4: Judgment ofConv~ction by Court; Sentence By Jury, Cause No. 03-Fc0146-202; Page 1 of3 Pages
. '.!l
The Sex Offender Registration .Requirements under" Chapter 62, CCP, apply to the
Defendant. the age of the victim at the time of the offens.e wa5 10 years old.
This sentence shall tun concurrent.
On the date stated above, the above numbered and entitled cause was r~gularly reached
and called for trial, 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 trial, and the Defendant pleaded not guilty and a jury, to wit: Derek Dwight, and
eleven others, was duly selected, impaneled and sworn~ Having heard the evidence submitted
and having been duly charged by the Court, the jury retired to consider their verdict. Afterward,
being brought into open court by the proper officer, the Defendant, the Defendant's attorney, and
the State's attorney being present; and being asked if the jury had agreed upon a verdict, the jury
answered it had and returned to the Court a verdict, which was read aloud, received by the Court,
and is now entered upon the Minutes of the Court as follows:
We, the jury, find the defendant, Randy Henderson, guilty of indecency with a child
by sexual contact as charged in count six of the indictment..
Thereupon, the Defendant having previously elected to have the punishment assessed by
the jury, pleaded to the enhancement paragraphs, if any, as stated above, and the jury was called
back into the box and heard evidence related to the question of punishment. Thereafter, the jury
retired to consider such question and, after having deliberated, the jury was brought back into
open court by the proper officer, the Defendant, the Defendant's attorney, and the State's
attorney being present, and being asked if the jury had agreed upon a verdict, the jury answered
it had and returned to the Court a verdict, which was read aloud, received by the Court, and is
now entered upon the Minutes of the Court as follows:
We, the jury, having found the defendant Randy Henderson, guilty of indecency
with a child .by sexual contact as charged in count six of the indictment, assess his
punishment ;:st confmement for 20 years in the Institutional Division of the Texas
Departmel,lt of Criminal Justice.·
A presentence investigation report was not required or done.
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. \Vhereupon 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 stated above, th~ 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. ·
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Page 2 of 3 Pages
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, lnstitutionalDivision-TDCJ, there to be corifined in the manner and for the period
aforesaid, and the said defendant is hereby remanded to the custody of the Sheriff of this county.
until such time as the Sheri.ff can obey the directions of this sent~nce.
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 persori(s) named above in the amount
specified above.
Furthermore~ the following special findings or orders apply:
Special DL for Sex Offender: Pursuant to article 42.016, Code of Criminal Procedure, the court ··
orders the Defendant to apply for an original or renewed Texas Driver's License or personal
identification certificate not later than 30 days after release from confinement or upon receipt of
written notice from the Texas Department of Public '·safety (DPS) and to alUlually renew· the
license or certificate. In addition, DPS shall place an indication on the Defendant's driver's
license or personal identification certificate that the Defendant is subject to the sex offender
. registration requirements. In addition, the clerk of the court shall send a copy of this order to the
DPS and to the Defendant.
Cumulation Order (Art. 42.01, Sec 1(19) CCP): The court orders that the sentence in this
conviction shall run consecutively and shall begin only when the judgment an~ sentence in Count
5 has.ceased to operate.
THIS COUNT IS TO RUN CONSECUTIVE WITH COUNT 5 AND IS TO RUN
CONCURRENT WITH COUNTS 1, 3, and 4.
) ~day of May, 2003.
Signed on the __
Judge Presiding
DS4: Judgment of Conviction by Court; Sentence By Jury, Cause No. 03-F-0146-202; Pag_e 3 of 3 Pages
I CERTIFY THAT THE AB'OVE CAPTIONED INMATE
HAS COMMITTED NO SERIOUS ACT OR MISCONDUCT
WHILE IN MY CUSTODY
I CERTIFY THAT THE ABOVE CAPTIONED INMATE
COMMITTED SERIOUS ,A.CTS OF MISC.ONDUG_T AS
FOLLO\VS: .
INCIDENT DATE
DATES SUBJECT HAS BEEN ARRESTED AND RELEASED ON THE
ABOVE CAUSE NUMBER IN CHRONOLOGICAL ORDER:
ill1.I
TDCJ COORDINATOR
- - - - COUNTY SHERIFF DEPARTMENT
THIS FORJ\1 SHOULD ACCOMPANY ALL INMATES COMMITMENT
PAl)ERS TRANSFERRED TO THE TEXAS DEPARTMENT OF
CRIMINAL JUSTICE INST[TUTIONAL DIVISION .
. ATI: STATE READY DEPARTMENT
~.., ·~-~-~· :~
·*' '··
·t . (f ,t~.
This page is attached hereto and made part hereof the judgment in this cause; pursuant to
Article 38 ..33of the Texas Code of Criminal Procedures.
EXHIBIT B - NOTICE OF PAROLE DECISION
STATE OF TEXAS
• BOARD OF PARDONS AND PAROLES
NOTICE OF PAROLE PANEL DECISION.
'':.
DATE: 7.:.7-14
NAME: HENDERSON, RANDY TDCJ-ID #: 1170754
SID#: 04157703
TDCJ-ID UNIT OF ASSIGNMENT: BETO ·
HOUSING ASSIGNMENT: ROW G..;l CELL:07
SUBJECT: Decision to grant parole approval on cause number(s) # 03-F-0146-202.
COUNTS 3 AND 4 .
•
CONSECUTIVE SENTENCE APPROVAL (CU-FI)
After a:r-eview of your case, the Board of Pardons and Paroles decision is to grant you parole
approval on the above mentioned consecutive cases and has set your next sentence(s) in the series
to begin on 3-1-2014. You have been approved for the reason(s) listed below:
lOA. Begin Next In Series CAUSE# 03-F-0146-202 COUNTS 5 AND 6
The Institutional Division will monitor your treatment plan progress and will report your progress
to the Board of Pardons and Paroles.
· Should you have any questions regarding this notice you are to contact your unit Institutional
Parole Office. . ' · · ·
CC: File
Unit Warden
Offender
EXHIBIT C - STATE COUNSEL FOR OFFENDERS
'·
~tate ([oun.se l for ~·~.~'
. The foregoi~g,Mdti~fi.-·b~~g been presented to me on .this day and· the same having
been considered it is
. , .
there;Q~~
.·
. '~bibEltED,
.· . ·:-··· ..
ADJUDGED AND DECREED that the said above
:·:<·,···.'~\·: :;_~·~_...-.,.-··
diti~~·;·-be ~riel the
entitled and numbered same is hereby dismissed against the Defendant~
RANDY.HENDERsON( /.<'~:. . ••.•• :.:.:. :•~·.· .
.SIGNED Tfij~ ,~"~~~8FMA Y, 2003 ..
; . ·..·. ' ;': :;:;.:> . --~:::~lf}~~\2:4'
'· ·~-- .
JUDGE PRESIDING
202nd Judicial District Co~
Bowie County, Texas
EXHIBIT E
·'
•
.· State e0;un6 ee {0;~t l!J ffende~t6.
·a !IJM.lwn of. g eaxl6 !!Jepcvrtmmt 4 &iminal ~tice
P.O. Box4005.
·Huntsville, TX 77342-4005
(936) 437~5203
9/30/2014
Randy Henderson
'TDCJ#l170754
Beto Unit (Bl/022)
Dear Mr. Henderson:
Your records have been updated. The Board ofPardons and Parole voted on 03/0112014
to allow Counts 3 & 4 of Cause No. 03-F -0146.,.202 to "cease to operate". This allowed
counts 51J..)6 to begin:. With the jail-time credit awarded to these to counts, it resulted in
sentenee begin date of 02/27/2014.
.. ·
Sincerely,
~-~
J. Moore
Legal Assistant Support·Manager
Appeilate Section _ ...... ·
cc: file
: .;· ·.
J.. .
EXHIBIT F - JUDGMENT
.,
NO. ()3-F-0146-202 (COUNT SEVEN)
(:}'J .f.•: .._, j....
L'·-'.. . ..·' n c·.· r 2 I.
. '"" 1 • I • :
. ..
STATE OF TEXAS )( INTHE202~~~~-f\L'
-v~
·~-:.: ... J "" x
. . . ,.,;:·
.. . . · ;~ "·.:·i·.~
VS. )( DISTRICT
·.·'I
RANDY HENDERSON )( BOWIE COUNTY, TEXAS
JUDGMENT
The Defendant having been indicted in the above entitled and numbered cause for the
felony offense of AGGRAVATED SEXUAL ASSAULT OF A CHILD, and this. day
·.this cause being called for trial, the State appeared by .her Assistant Criminal District Attorney,
NICOLE HABERSANG, and the Defendant, RANDY HENDERSON, appeared in person and
his counsel, DAVID LASHFORD, also being present, and both parties announced ready for trial,
and said Defendant in· open Court was duly arraigned and pleaded NOT GUlLTY to the charge
contained in Count Two of the Indictment herein; thereupon a jury, to-wit: Derek Dwight,
foreman, and eleven others, was duly selected, impaneled and sworn, who, having heard the
indictment read, and th.e Defendant's plea of not guilty thereto, and having heard the evidence
submitted, and having been duly charged by the Court as their duty to determine the guilt or
innocence of the Defendant, and after hearing arguments of Counsel, retired in charge of the
.proper officer to consider to their verdict, and afterward were brought into open Court, by the
proper officer, the Defendant and his counsel being present, and in due form of law returned into
open Court the following verdict, which was received and accepted by the Court and is here now
entered upon the minute~ of the Court, to-wit:
NO,TGUILTY
OF AGGRAVATED SEXUAL ASSAULT OF A CHILD
---------------------
. . ..----- ... -- .............. __ . ____________________________________________________________________________
. . . . . _
. IT IS THEREFORE FOUND AND ADJUDGED BY THE COURT, that the said
Defend~t is NOT GUILTY of~e offense of A1~RA.VATED SEXUAL ASSAULT OF A
. CHILD m Count Seven of the Indictment. ! · . .
. BILL P~EK, Judge ofthe
202nd "Judicial District Court
. I · I
Bowie ~ounty,Texas
I
i
i !
~ -.1 Lo- 6 31
DATE ~IGNED ,
!
\
EXHIBIT G - DISTRICT CLERK'S FILE MARK
. Randy Henderson #1170754
George Beto Unft
1391 FM 3328
cOPY Tel}p.ess~e Colony, TX 75880
. ·~:~·;;i··:
··:;;::,i: ..
ZUltrOCT 20 Pi·1 1: t.O
October 15, 2014
Honorable Billy Fox Branson, District Clerk
Courthouse, .710 James Bowie Dr.
P.O. Box 248
New Boston, Texas 75570-0248
RE: Cause No. 03-F-0146-202
Dear Honorable Branson:
Enclosed, please find Motion for Judgment Nunc Pro Tunc Order. Please file
stamp thisdocument and bring to the attention of the.Court.
Also, please find two originals of this copy letter. Please file stamp and
return one (1) to me in the enclosed S.A.S.E.
Thank you very much for your time and attention to this matter.
Sincerely,
R~ ~_,-x\ogoN ~ \\'J.C>')$1..\
·~
Randy Henderson, Pro se
TDCJ-CID NO. 1170754
George Beto Unit
1391 FM 3328
Tennessee Colony, Texas 75880
... . !
. .
RANDY HENDERSON, § ·,,
_:IN THE. 202ND JUDICIAL
Appellant, §
§ DISTRICT COURT OF
v. §
§ BOWIE COUNTY, TEXAS
THE STATE OF TEXAS, §
Appellee. § ·•.HEARING REQUESTING
. .
MOTION FOR JUDGMENT. NUNC. PRO TUNC .ORDER
TO ·THE HONORABLE JUDGE OF SAID. COURT:
COMES NOW, Randy Henderson, Appellant, Pro se, Pursuant to Texas Rules
of Appellate-Procedure, specifically Rule·.23..2(a) and (b), files this Motion
for Judgment Nunc Pro Tunc.Order in the above entitled and numbered cause,
and in support would respectfully, show:
I.
.JURISDICTION
The Court has jurisdiction pursuant to Texas Rules of Appellate Proce-
dure, rule l9.3(a)' which invests the trial. court with authority to correct
clerical errors 'after expiration of a court 's plenary power. ''Nunc ·Pro Tunc
order is the proper mode to correct a clerical error, in which no judicial
. .
reasoning contributed to their entry, and for some reason were not entered
of record at the proper time. See Alvarez .v. State, 605 S.W.2d 615 (Tex. Crim.
App. 1980); Jenkins v. Jenkins, 16 S.W.3d 473.
:tf. ·.
STATEMENT OF THE CASE
Appellant appearing before the Honora~le Bill Peek, presidingin the.
202nd Judicial District Court of Bowie County, Texas on May 1, 2003, having
entered a plea of not guilty; sentenced to twenty (20) years in Count Six
to run consecutive.with Count Five (5), a fifteen ·(15) year-sentence. Count
One (1), Three (3) ,and Four (4) to run concurrent with Count,Five (5) and
Six (6).
1 of 2
III.
CLERICAL ERROR
The Texas-Department of Criminal Justice (TDQ) records reflect that
Appellant'stime calculation is erroneous, which.manifest a clerical-error.
According to the Inmate Tracking System Commitment Data Form dated January
15, 2014, Appellant's Maximum Expiratio!! date changed·from 2023 to 2038 which
?dds a new fifteen (15) year sentence. This form states, in pertinent:· "Due
! . ' .
to legal opinion from OGC Counts 5 & 6 will only be stacked to cr 3 & 4."'
The Judgment of Conviction reflec·ts that 3 & 4 as well as.l is concurrent
to 5 & 6. By stacking this to 5 & 6 adds a new sentenceiwithout a judicial
proceeding. The State Counsel for Offenders retwrn~d count seven (7);- not guilty.
Appellant, therefore, seek an order from the Court: ordering TDCJto ad'-
just the inaccuracies and deficiencies in Appellant's records in regards to
his sentence.
WHEREFORE ·PREMISES':CONSIDERED'' Appellant· for reas0n shown moves the Ho-
- .
norable Court to issue the necessary Court Order ordering that the Texas De-
partment of Criminal Justice records reflect the truth of what actually occur""
red.
Respectfully submitted,
~ . .
lh.. ri& '&~o --~
\ .
Randy Henderson, Pro se
2 of 2
UNSWORN DECLARATION [AFFIDAVIT} OF RANDY HENDERSON
PURSUANT TO CIVIL PRACTICE AND REMEDIES CODE
SECTIONS 132.001-132.003
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO.
RANDY HENDERSON, Relator
v.
HONORABLE LEON F. PESEK,. JR., JUDGE, Respondent
ON AP~ICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 03-F-0146-202 ·
FROM BOWIE COUNTY, TEXAS·
Unsworn Declaration [Affidavit] of Randy Henderson
Pursuant to Civil Practice and Remedies Code
Sections 132.001-132.003
My name is Randy Henderson. I am over eighteen years of age, of sound .
mind, capable of making this [affidavit] unsworn declaration, and personal-
ly acquainted with the facts herein stated.
1. I was tried in Bowie County. Sentenced to three (3) fifteen year sen-
tences to run concurrent with a stacked twenty (20) year sentence.
2. I filed a Motion for Judgment Nunc Pro Tunc Order, filed stamped on Octo-
ber 20, 2014, regarding the errors induced in my time calculation which
contributed to adding another sentence without a judicial proceeding.
This is presently having an adverse effect on my parole.
3. I was sentenced in 5 counts of my indictment on May 1, 2003. Count 1, an eight
year sentence and count 3, 4 and 5, 15teen years sentences were to run con-
currently~ Count 5 of the sentence were to run consecutively with count
6, count 6 being a 20ty year sentence, equating to a thirty-five (35)
1
year sentence.
4. The parole board granted me parole on July 7, 2014, in counts three and four
to begin counts 5 and 6. A part of the problem is that counts 3, 4, and
5 are concurrent. Therefore, the decision to grant parole should have
been on the concurrent counts of 3, 4, and 5. The State Counsel for Of-
fenders acknowledged this on April 20, 2011. Nicole Habersang, Assistant
District Attorney, also acknowledged this in her Motion to.Dismiss filed
on May 21, 2003.
I
5. When the parole board granted me parole in counts 3 and 4 to start 5 and 6,
the 5th count was stacked to 3 and 4. Counts 3, 4 and 5 should have been
together as "ceasing to operate," and 6 was to start. When this occur-
red, a 15teen year sentence was added.
6. The State Counsel for Offenders, on September 30, 2014, response to my let-
ter was contrary to their April 20, 2011 response. In their September
letter, they stated that count 3 and 4 "cease to operate." They then
added that counts 5, 7 and 6 were to begin. I was found not guilty in
count 7. The State Counsel for Offenders then added that my sentence
begin date at February 27, 2014.
7. I filed an original mandamus in the Sixth Court of Appeals at Texarkana, Ap-
pellate Cause Number 06-15-00034-CR, regarding the Motion for Judgment
Nunc Pro Tunc Order I filed on October 20, 2014. The Sixth Court of Ap-
peals denied my mandamus on March 10, 2015, although they acknowledged,
with authority, that the "trial court abuses discretion by refusing to
conduct hearing and render decision on motion."
8. The Sixth Court of Appeals misapplied the law by stating " ••• this Court can-
not instruct the trial court how to rule." I never sought the Sixth Court
of Appeals to "instruct the trial Court how to rule." I merely sought
the Sixth Court of Appeals to order the trial court to afford me."Due
Process" regarding my Motion for Judgment Nunc Pro Tunc Order.
My name is Randy Henderson, my date of birth.is August 27, 1964, and
my inmate identifying number, is 1170754. I am presently incarcerated in the
George Beta Unit in Tennessee Colony, Anderson County, Texas 75880. I declare
2
under the penalty of perjury that the foregoing is true and correct.
Executed on the 31Q day of -:)u.-l'-' , A.D. 2015.
\
\
AFFIANT
3