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Cause Number 1284277-B Willie Edward Choice § In The Applicant § v COURT OF CRIMINAL APPEALS § of Texas 178th District Court Harris County, Texas § Austin, Texas

IIUI'ION TO SUPPLEMENT ANSWER Applicant's Response to Trial Court's Finding of Facts and Conclusion of Law.

Comes n:::M Applicant Willie Eowa;:d Choice Pro:....se befon~ the Court of Criminal Appeals of Texas and files the Motion to Enhance Response to the following: Issue(26) pg. 5) States writ, Procedural Qefault. Applicant response: Default is the result of ineffective assistance of counsel.- The Sixth Amendment itself requires that responsibility for the default be imputed to State which may not conduct trial which a person who face incarcecation must defend themselves with- out aoequate legal assistance. Murray v Carrier, 1_<06-s.ct: /.645z.•Guyler'''VU_-,:-;,, Sullivan, 100 S.Ct. 1708, 1716. Ineffective assistance of counsel is the cause for a procedural default. Issue(2) Sta.tes writ: Investigation. Trial Counsel, Mr. Osborne, absolutely did not do a full investigation.. Mr. Osborne did not obs~rve the Indictment's probable cause errors. The child, Davondria Evangelista, and Affiant, JaJ::l<ie Blanchard, sta:.-ed in the probable ca:1se. on or about some- time last year in 4th grade the offense supposedly ocurred alleging March 17, 2010; which date is a (seven month period) of the same year. The alleged out- cry of October 23, 2010 is an inconsistent report and voids the Indictment.

ThereL>re, Applicant was prosecuted on "both Complainant's" using the State's error violated Applicant's right to Due Process of Law. Counsel Mr. Osborne failed to observe this error which is "egregious" error by Trial Counsel. App- licant's Acquittal of both girls in the first trial should have barred a second trial relitigating the same hearsay allegations. See State's Exhibits D-E and B--e Indictments. Applicant prays that the Honorable Court of Criminal Appeals reverse the conviction in it's entirety.

l- Z. C. -L.ct> Willie Edward Choice, Appellant Pro-Se TDCJ-ID Number 01776962 Neal Unit 9055 Spur 591 Amarillo, TX 79107-9696 ' .. •/:'" .. ·:-, Oil :).1 I ~~:L I I THE STATE OF TEXAS 01121251 D.A. LOG NUMBER:l6920·~---~--_, vs. ens TRACKING NO.: WILLIE EDWARD CHOICE SPN: BY: SC DA NO: 0016771~ c 1006 CAROLYN CT. #D DOB: BM 10/16/57 AGENCY:HUMBLE PD ~ ~ 52 HUMBLE, TX 77338 DATE PREPARED: 11/5/2010 0/R NO: 10005703. ~ ~ c3 ·~ . ~ ARREST DATE: TO BE ~ ~ t; &n ::. . c c;::, -· 8 :s NCIC CODE: 1115 35 RELATED CASES: SAME DEF. -FELONY 1-( ~ E; ~ S ~-A 2: :z: FELONY CHARGE: Aggravated Sexual Assault of a Child CAUSE NO: BAIL: $30,000 HARRIS COUNTY DISTRICT COURT NO: 1284277 PRIOR CAUSE NO: FIRST SETTING DATE: 176 IN THE NAME AND BY AUTHORITY OF mE STATE OF TEXAS: Before me, the undersigned Assistant District Attorney of Harris County, Texas, this day appeared the undersigned affiant, v:ho u.."!.der oath says that he has good reason to believe and does believe that in Harris County, Texas, WILLIE EDWARD CHOICE hereafter styled the Defendant, heretofore on or about MARCH 17, 201Q, did then and there unlawfully intentionally and knowingly cause the penetration of the FEMALE SEXUAL ORGAN of DATAVIA EVANGELISTA hereinafter called the Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant

PROBABLE CAUSE AFFIANT, JACKIE BLANCHARD, IS A CREDffiLE AND RELIABLE PERSON WHO IS A CERTIFIED PEACE OFFICER EMPLOYED BY THE HUMBLE POLICE DEPAR1MENT, AND HAS REASON TO BELIEVE AND DOES BELIEVE THAT WILLIE EDWARD CHOICE, HEREAFI'ER TIIE DEFENDANT, COMMIITED THE FELONY OFFENSE OF AGGRAVATED SEXUAL ASSAULT OF A CHILD AT 1006 CAROLYN CT #D, HUMBI..E, HARRIS COUNTY, TEXAS ON OR ABOUT MARCH-17;2010 AND ocTOBER 2Q, 2010. AFFIANT BASES THAT BELIEF ON TilE FOLLOWING: AFFlANTOBSERVEDTiiEFORENSICINTERVIEWOFCOMPLAINANTDAVONDRIAM.EVANGELISTA(DATEOFBIRTHOl-21- 00) WHO IS A 10 YEAR OLD CHILD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOUT "SOME TIME LAST YEAR WHEN SHE WAS IN THE 4TII GRADE" (MARCH 17, 2010) HER STEP FATHER (DEFENDANT) INSERTED HIS INDEX FINGER INTO HER "VAGINA" (FEMALE SEXUAL ORGAN) WHILE THEY WERE AT 1006 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS. AFFIANT OBSERVED TilE COMPLAINANT EXPLAIN TIIAT TilE DEFENDANTCALLED HER INTO IDS ROOM AND INSERTED IDS FINGER INTO HER "VAGINA" TWICE AND IT CAUSED PAIN. AFFIANT OBSERVED THE COMPLAINANT TO SAY THAT THE DEFENDANT ALSO SUCKED ON HER NIPPLES ON AT LEAST ONE OCCASION AND TOUCHED THEM WITII HIS HANDS ON TWO DIFFERENT OCCASIONS. THE COMPLAINANT STATED THAT HER MOTHER WAS AT WORK AND EVERYONE ELSE IN THE HOUSE WAS ASLEEP WHEN THIS OCCURRED. liDS COMPLAINANT STATED .... SHE DID NOT TELL DUE TO HER BEING AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WITH AN EXTENSION THAT ~RD. ~NT OBSERVED THE FORENSIC INTERVIEW OF COMPLAINANT DATAVIA M..EYANGELISTA (DATE OF BIRTII 12-22-00) \'{HO IS A 9 YEAR OLD ClllLD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOUT OCTOBER 20, 2010 AT ~06 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS HER STEPFATHER (DEFENDANn INSERTED HIS INDEX FINGER tfrrO HER "VAGINA" (FEMALE SEXUAL ORGAN) AND FURTIIER EXPLAINED THAT THE DEFENDANT HAD INSERTED IDS ~GER INTO HER "VAGINA" ON THREE DIFFERENT OCCASIONS. AFFIANT OBSERVED THE COMPLAINANT EXPLAIN 1'flAT THE DEFENDANT WOULD COME INTO HER ROOM, REMOVE HER COVERS, STAND HER UP, PULL DOWN HER PANTS, ~INSERT IDS INDEX FINGER INTO HER "VAGINA". THE COMPLAINANT STATED THAT TillS CAUSED HER PAIN. THE @MPLAINANT STATED THAT SHE WAS AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WfTII AN EXTENSION (50RD. c Q) ..{FFJANT WAS ADVISED BY THE COMPLAINANTS THAT TilEY KNOW lllM BY NAME AND BY SIGHT BECAUSE HE IS THEIR ~P-FATilER. ""0 I!) t;:: '-2 I!) u EXHIBIT . \ s-+c,te~ w,_,,_ ... ,~~,

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THE STATE OF TEXAS D.A. LOG NUMBER:1692092 vs. CJIS TRACKING NO.: 9166001560A002 WILLIE CHOICE SPN: 1121251 BY: SQ DA NO: 1677155 AGENCY:HUMBLE I 006 CAROLYN CT # D DOB: 10/16/1957 PD HUMBLE, TX 77338 DATE PREPARED: 3/9120 II 0/R NO: 10005703 ARREST DATE: TO NCIC CODE: 111535 RELATED CASES: SAME DEF. -FELONY FELONY CHARGE: Aggravated Sexual Assault of a Child CAUSE NO: 1284277 . BAIL: $30000 HARRIS COUNTY DISTRICT COURT NO: J 76 PRIOR CAUSE NO: FIRST SETTING DATE: 3/2212011

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas, WILLIE EDWARD CHOICE, hereafter styled the Defendant, heretofore on or about October 20, 2010, did then and there unlawfully, intentionally and knowingly cause the penetration of the FEMALE SEXUAL ORGAN of DATAVIA EVANGELISTA hereinafter called the Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant.

Time: Harria coun\Y. teua

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THE STATE OF TEXAS 01121251 D.A. LOG NUMBER:1692092 ._._ _ _.... , . _ .

VS. ens TRACKING NO.: WILLIE EDWARD CHOICE SPN: BY: SC DA NO: 00167715~ c: 1006CAROLYNCT. #D DOB: BM 10/16/57 AGENCY:HUMBLE PD ,...,...., g~ S HUMBLE, TX 77338 DATE PREPARED: 11/5/2010 0/RNO: 10005703 ~ ~o ·~ ARREST DATE: TO BE ~ ~ 't .&n 0 c:'t: C::» CJ NCIC CODE: 1115 35 RELATED CASES: SAME DEF.- FELONY ....... E~ .

E ~-J ~ ;:: ., ~ FELONY CHARGE: Aggravated Sexual Assault of a Child CAUSE NO: BAIL: $30,000 HARRIS COUNTY DISTRICT COURT NO: 1284276 PRIOR CAUSE NO: FIRST SETTING DATE: 176 IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: Before me, the undersigned Assistant District Attorney of Harris County, Texas, this day appeared the undersigned affiant, who under oath says that he bas good reason to believe and does believe that in Harris County, Texas, WILLIE EDWARD CHOICE hereafter styled the Defendant, heretofore on or about OCIOBFR 20, 1010. did then and there unlawfully intentionally and knowingly cause the penetration of the FEMALE SEXUAl ORGAN pfDAYONPRIA EVANGELISTA hereinafter called the Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant

PROBABLE CAUSE AFFIANT, JACKIE BLANCHARD, IS A CREDffiLE AND RELIABLE PERSON WHO IS A CERTIFIED PEACE OFFICER EMPLOYED BY TilE HUMBLE POLICE DEPARTMENT, AND HAS REASON TO BELIEVE AND DOES BELIEVE THAT WILLIE EDWARD CHOICE, HEREAFI'ER THE DEFENDANT, COMMITIED THE FELONY OFFENSE OF AGGRAVATED SEXUAL ASSAULT OF A CHILD AT 1006 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS ON OR ABOUT MARCH 17. 20IQ AND OCTOBER 20, 2010. AFFIANT BASES TIIAT BELIEF ON THE FOLLOWING: AFFIANT OBSERVED THE FORENSIC INTERVIEW OF COMPLAINANT DAVONDRIA M. EVANGELISTA (DATE OF. BIRTH 01-21- 00) WHO IS A 10 YEAR OLD CHILD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOUT "SOME TIME LAST YEAR WHEN SHE WAS IN THE 4TH GRADE" (MARCH 17, 2010) HER STEPFATHER (DEFENDANT) INSERTED HIS INDEX FINGER INTO HER "VAGINA" (FEMALE SEXUAL ORGAN) WHILE THEY WERE AT 1006 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS. AFFIANT OBSERVED THE COMPLAINANT EXPLAIN TIIAT TilE DEFENDANT CALLED HER INfO IDS ROOM AND INSERTED IDS FINGER INTO HER "VAGINA" TWICE AND IT CAUSED PAIN. AFFIANT OBSERVED THE COMPLAINANT TO SAY THAT THE DEFENDANf ALSO SUCKED ON HER NIPPLES ON AT LEAST ONE OCCASION AND TOUCHED THEM W1TI1 HIS l{ANDS ON TWO DIFFERENT OCCASIONS. THE COMPLAINANT STATED THAT HER MOTHER WAS AT WORK :AND EVERYOl'-I"E ELSE IN THE HOUSE WAS ASLEEP WHEN THIS OCCURRED. THIS COMPLAINANT STATED THAT <') SHE DID NOT TELL DUE TO HER BEING AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WITH AN EXTENSION GcPRD. ~IANT OBSERVED THE FORENSIC INTERVIEW OF COMPLAINANT DATAVIA M. EVANGELISTA (DATE OF BIRTH 12-22-00) \l(HO IS A 9 YEAR OLD CHILD AND IS RELIABLE AND CREDffiLE WHO STATED THAT ON OR ABOI IT OCTOBER 20, 20 lO AT W06 CAROLYN CT #D, HUMBLE, HARRIS COUNTY, TEXAS HER STEP FATHER (DEFENDANT) INSERTED HIS INDEX FINGER t&TO HER "VAGINA" (FEMALE SEXUAL ORGAN) AND FURTHER EXPLAINED THAT THE DEFENDANT HAD INSERTED HIS ~GER INTO HER "VAGINA" ON THREE DIFFERENT OCCASIONS. AFFIANT OBSERVED THE COMPLAINANT EXPLAIN ~T TilE DEFENDANT WOULD COME INTO HER ROOM, REMOVE HER COVERS, STAND HER UP, PULL DO~ HER PANTS, .®m INSERT HIS INDEX FINGER INTO HER "VAGINA". THE COMPLAINANT STATED THAT TillS CAUSED HER PAIN. THE c;>MPLAINANT STATED THAT SHE WAS AFRAID OF THE DEFENDANT BECAUSE HE WHIPS HER WI I HAN EX! ENSION OORD ....c . a.> hfiANT WAS ADVISED BY THE COMPLAINANTS THAT THEY KNOW HIM BY NAME AND BY SIGHT BECAUSE HE IS THEIR ~P-FATIIER. "C a.> !.;:: .€ a.> u ... . . ---· 1 ;9 .· '

THE STATE OF TEXAS D.A. LOG NUMBER:1692092 vs. CJlS TRACKING NO.: 9166001560A002 WILLIE CHOICE SPN: 1121251 BY: SQ DA NO: 1677155 AGENCY: HUMBLE 1006 CAROLYN CT # D DOB: 10/16/1957 PD HUMBLE, TX 77338 DATE PREPARED: 3/8/2011 0/R NO: 10005703 ARREST DATE: TO BE NCIC CODE: 111535 RELATED CASES: SAME DEF.- FELONY FELONY CHARGE: Aggravated Sexual Assault of a Child CAUSE NO: 1284276 BAIL: $30000 HARRIS COUNTY DISTRICT COURT NO: 176 PRIOR CAUSE NO: FIRST SETTING DATE: 3/8/2011

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: The duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas, WILLIE EDWARD CHOICE, hereafter styled..the Defendant, heretofore on or about March 17, 2010, did then and there unlawfully, intentionally and knowingly cause the penetratio~ of the FEMALE SEXUAL ORGAN of DAYOND RIA EVANGELISTA hereinafter called the Complainant, a person younger than fourteen years of age, by placing HIS FINGER in the FEMALE SEXUAL ORGAN of the Complainant.

176th Foreman E ;!GAINST THE PEACE AND DIGNITY OF THE STATE.

FOREMAN OF THE GRAND JURY INDICTMENT