S/0 -t5 ORIGINAL CASE NO. 12-14-00189-CR In The Court of Appeals For The Twelfth Supreme Judicial District of Texas

Tracy Ray Hass V. i ^ •y !£)*»" ne The State of Texas .8 7 2015 Appeal in Case No. 061728 Bring Forth This Petition S5^SSS CourtolAPE petition for Discretionary Review FILED \U COURT OF criminal APPEALS AUS 19 2015 Abel Acosta, Clerk

Petition for Discretionary Review Shipman V. State 604 SW 2d. 182,185 Tex.Crim.App 1980 stating that state may not rely on its own questioning to get collateral matters, extraneous offenses, and bad acts that would otherwise be inadmissible... (Prejudicial effect was the only proof the District Attorney relied on.)

Texas Rules of Evidence Rule 404 (b) 403 Generally, evidence of an extraneous offense is not admissible during the guilt, innocence phase of trial. See Abnor v. State 871 s.w.2d-726, 738Texcrim. app 1994...

For extraneous offense evidence to be admissible under 404, the evidence must be relevant to a fact of consequence in the case apart from its tendency to prove conduct in formity with character. See Santellan v. State 939 s.w. 2d 155,167 Tex. Crim.

App. 1997 holding that rule 404b objection entails a Relevancy analysis even when not clearly articulated...

5th Amendment to U.S. Const. Nor shall any person be subject for the same offense to be twice put in jeopardy...Nor shall be compelled in any criminal case to be a witness against himself. Nor be deprived of life, liberty or property without due process of law.

4th Search and Seizures...No warrants shall issue but upon probable cause. Section 1 of 14th amendment, declares him a citizen of the U.S. and promises that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States of America.

Furthermore the Appellant will show the court did error in not suppressing evidence seized as a result of an illegal arrest. /k£/r*$i

On January 15, 2012 at 2:13 pm a call was received to Grayson County Dispatch, (Check dispatch log) about a white truck pulling a trailer and a car on an abandoned property. When the officer went to that address the officer found nothing out of place. After driving around, the officer found a damaged gate at a different location and address. He entered the property and investigated the premises, walked about 400 yards up the road and searched finding about 30 vehicles, 2 houses and a shed...nothing more.

That's unlawful entry. The officer took control of that property 14 hours after any call to the area was made. The officer went back; found a car stuck on the side of the road. The car that was stuck on the side of the road did not fit the description of one of the vehicles of earlier reported. 14 hours later still no confirmation of any wrong doing on this property. The officer in court testified he had no knowledge of any wrong doing or proof. He just knew a feeling. That does not constitute probable cause.

The officer put appellant in the cop car and searches the car that is stuck on the side of the road. There were no warrants.

Appellant goes to jail charge of theft and gets out on bond.

Several weeks' later court put burglary of a building charge on appellant with $2000.00 bond. There was no proof that a burglary of a building took place. Also no proof of any physical evidence - no finger prints, foot prints, no witnesses, no DNA, and no finger prints on the property itself (by the gate). All evidence points more to possession of second hand stolen property than anything else' Vlf)oA+b A-C^c An^^t i ^ •TWin J£ 6t,m«** e^or3\>2<zA cl Cv JId^^c 4o CW +- <l 4W^-V ^ +U¥ oat There's not enough legal evidence to up hold the conviction of theft and burglary of a building.

If evidence is sufficient enough in one court it should be sufficient enough in a different court. Coleen Williams turned herself in May 9, 2012 on the charges of a burglary of a building and theft.

Coleen Williams testified that appellant had nothing do with these offenses. Coleen Williams also testified that nothing was stolen or taken out of the buildings or property. By Ms. Williams coming forward of her free will and independently, the court believed her story and agreed to abandon the burglary of a building. In that being said, the burglary of a building was then placed on the appellant. Doesn't this fall under Brady Law? (See exhibits 1-4 1-1 could see the officer coming down the road a quarter of a mile away towards me. Ask yourself why would I wait for the officer to pull up directly behind Ms. Williams' car before I closed the trunk? To hide something?

2 - I walked to Ms. Williams' car from 3 driveways down from where she was stuck. So that puts me walking west to the car.

That confuses the officer because the car is facing east. The officer asked me why is the car facing east if you came from an eastern location? I told the officer I didn't know and he would need to ask the person that was driving the car. Apparently this confuses the officer further or he was grabbing at straws to justify probable cause. I told the officer that she just walked over the hill, you can go ask her. I also told the officer that Ms. Williams had asked me to assist her in getting her car unstuck.

The officer saw the damaged gate on his first time to investigate.

In his report he is making it look like the only time he saw the damaged gate is when Ms. Williams' car was stuck on the side of the road, and then using that as probable cause to search the car.

The 4th Amendment was violated. There is a 14 hour time difference, as well as Ms. Williams' car didn't fit any description of any vehicles earlier reported.

Why should I be punished for the lower courts errors?

To go check and talk to Elwood - that's the person that picked me up earlier that day and took me to his house. David Hewitt aka Elwood. 3 driveways up from Ms. Williams' car.

3 - It took 3 men to unload the 2 motors out of the back seat - the officer, the owner of the property and the man that was driving the tow truck. Those 3 proceeded to load the items into the truck bed of property owners' vehicle and put back into the field where they had apparently come from. I have a hand that has been shattered and a metal plate with screws in my right knee. At the time I weighed about 150lbs. There is no possible way Icould have lifted those motors and put them in the back seat of that car. Please look at the police videos.

4 _ The gate that was all damaged was green in color with white paint scrapes on its damaged areas. The car that was stuck close to this gate in a ditch had no dents or damage to it of any kind and the car was a solid maroon paint.

5 - How can I be found guilty of a crime namely burglary of a building when no such crime happened? It was a charge put on the appellant because of his prior convictions.

There was no call in to dispatch on January 16th 2012 at 2:13 am to an address in Pilot Grove TX of 2 automobiles - one pulling a trailer. The dispatch log sheet needs to be checked not the police report. Someone changed the time pm to an am time. This will show that the officers' word is in question. The officers' assumptions that car parts are stolen at night. According to Ms. Williams it was around 4:30 pm on January 15th when she was in the area and around the property getting the parts.

1.- Also the district attorney threatened Ms. Williams. The district attorney stated to Ms. Williams he needed to speak with her. Ms. Williams asked the district attorney if she was required to speak with him and he told her no. When she told him she had nothing to say to him then he apparently got upset and in front of myself and my attorney and made the comment "you'll wish you would have.". My attorney asked Ms. Williams if she heard the district attorney threaten her, yet chose to not bring that up in the court proceedings. • - My attorney failed to bring up the burglary of a building. • - My attorney did not attempt to lower the charge to possession of stolen property. • - My attorney failed to address the officers' unlawful entry of the property.

That is ineffective assistance of counsel - David Zedler.

The district attorney could only present assumptions, accusations, theories but no facts.

I have medical conditions as well as mental including bipolar, ADHD, anxiety, and manic depression. Between my physical and mental limitations I do receive a disability check. It is hard for me to stay still or focused and when my anxiety and mania are active it is impossible for me to "be still".

The officer should not be allowed to say anything just to justify his own actions. He is an officer- it doesn't mean he is always right just because he has a badge.

Ms. Williams' family owns wrecking yards. Her grandfathers business was located in McKinney, TX and was called Kanaday and Son Auto Salvage. She also worked at Millennium Auto located also in McKinney TX. She managed her place of employment and had her certifications for brakes, and tune ups. She also had her inspection license for the vehicle emissions testing. Her shop did some paint and body. Car parts of any kind in Ms. Williams' car would not seem strange or out of place to me giving these facts.

I went to court 2 years after Ms. Williams. Her case had already been disposed of.

I went to jail on January 16, 2012 and did not go to court until March 17, 2014.

The appellant prays that after review of this motion the Honorable Judges will overturn the conviction of the said charges or give the lower court orders to render a new trial with instructions specifying that the court isn't allowed to mention the appellants priors and to suppress evidence.

Appellant Tracy Ray Hass

Address Tracy Ray Hass 01918959 Segovia Unit hcM ~TlSwb ^.0+ 1201 El Cibolo Rd U EdinburgTX 78542 -rr

07/28/2015

To Whom It concerns:

My name is Coleen Williams. On March 17 of 2014 I was approached by the Grayson County district attorney. I was a witness for Mr. Tracy Ray Hass' trial. While talking with Mr. Hass and his attorney the district attorney asked if he could speak with me. I proceeded to ask him if I was required to and he told me no. I then told him I had nothing to say to him . Apparently it upset him because he made a threatening remark stating that I will wish I would have as he walked off. This was directly in front of Mr. Hass and his attorney. His attorney asked if I heard the implied threat and I told him yes. I didn't understand why it wasn't ever brought up in Mr. Hass' trial to the judge as that is sever misconduct on the district attorneys behalf. I do not appreciate being threatened in any manner or it being used as some kind of bully tactic .

Thank You,

Coleen A. Williams

lo«t ACKNOWLEDGMENT

STATE OF OKLAHOMA ) county of fynJUq ) Beforeme, the undersigned, a Notary Public in and for said County and State, oil this V/K day of fJMH^ •20 & .personally appeared to me known to be the identical person who executed the following described instrument ,and acknowledged to me that Slf)? executed the same as \\fr free and voluntary act and deed for the uses and purposes therein set forth.

WITNESS my hand and Seal the day and year last above written.

LARALIOLBERT *f*3tary Public, State of Oklahoma Commission #10005868 My Commission Expires July 21,2018 w\"sm MyCommission Expires NOTARY PUBLIC CD 1 REPORTER'S RECORD

2 TRIAL COURT CAUSE NO. 061729

3 VOLUME 1 OF 1 VOLUMES

6 THE STATE OF TEXAS IN THE DISTRICT COURT

7 VS. 15TH JUDICIAL DISTRICT

8 COLEEN WILLIAMS GRAYSON COUNTY, TEXAS

13 PLEA OF GUILTY

20 On the 30th day of May, 2012 the following proceedings came on to be heard in'the above entitled and numbered cause before the Honorable Jim Fallon, Judge Presiding, held in Sherman, Grayson County, Texas.

24 Proceedings reported by Case Catalyst machine shorthand.

CERTIFIED SHORTHAND REPORTER £XHSBir Q) May 30, 2012 2 (Open court, defendant present.)

3 THE COURT: This is cause number 61729 The State of

4 Texas versus Coleen Williams.

5 Are you Mrs. Williams?

6 MRS. WILLIAMS: Yes.

7 THE COURT: Mrs. Williams is here in person with attorney. Is the State ready?

6l> MR. SMITH: The State is ready, Y<our Honor. We move to abandon and withdraw count two, the burglary of a building, J - - -c- - - ~ -- .._» 11 We will proceed on the state jail felony of theft of property 12 of $1,500.00 to $20,000.00.

13 MR. FRITTS: Your Honor, with respect to the 14 indictment the name of the defendant her first name is

15 actually spelled C-o-l-e-e-n. Just one L. We are okay with 16 their eliminating and changing the first name on the 17 indictment. Her first name is pronounced the same way.

18 THE COURT: All right. I will have that changed on 19 the indictment. With that is the Defense ready?

20 MR. FRITTS: We are, Your Honor.

21 THE COURT: Ma'am, with that it's my understanding 22 that you worked out a plea agreement to resolve this case 23 today. But before you enter that plea I need to go over some 24 things with you. So would you raise your right hand for me?

25 (Witness complied.)

CERTIFIED SHORTHAND REPORTER ^xfoteT 10

1 record?

2 A. Coleen Williams.

3 Q. Mrs. Williams, prior to the Grand Jury proceedings on your co-defendant, Tracy Hass, you had not been arrested on this case?

A. Correct.

Q. And you may or may not know but you weren't even a suspect in this case; is that correct?

A. Correct.

Q. You showed up downstairs and you were a little bit insistent I guess would be the word that you have the right tc testify at the Grand Jury regarding Mr. Hiss's case? flfWv/ ££> aoiz A. Yes, I chose to testify.

Q. And people marched out and told you that you weren't subpoenaed and you didn't have to testify but you were insistent because you told them you knew information about this offense; correct?

A. Correct.

Q. When you got in there and you got done testifying the Grand Jury decided to indict you; fair enough?

A. Correct.

Q. So they indicted you?

THE COURT: We all make mistakes.

Q. They indicted you on this case based on the information for which you testified to in the Grand Jury; fair

CERTIFIED SHORTHAND REPORTER cx-mj&r 11

i enough?

2 A. Fair enough.

3 (State's Ex. No. 2 marked. )

4 MR. SMITH: I will move to offer State's two which

is the o ffense report. Basically my understanding that you

want to accept responsibility for th is by entering a no

contest plea today because you want to take the benefit of the

8 plea agreement that the State is off ering you?

9 A. Yes.

10 Q. That is basically that we have agreed to cap your

11 deal with probation an d the judge could decide whether you get deferred or not? .

13 A. Yes.

14 Q. Fair enough?

15 A. Yes.

16 Q- Do you want to take advant age of that deal and also you would agree based on the testimony that you present ed and based on what Mr. Hass might say and what the offense r eport

19 shows is there is a li kelihood that a jury could come back anc find you guilty anyway So you want to basically ~_ ust dispose of it wi th a plea of no contest; is that fair?

22 A. Yes.

23 Q. Do you have any questions about anything we are

24 doing?

25 A. No.

CERTIFIED SHORTHAND REPORTER JjIu^M

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