M - Voice For The Defense Online

july/august 2007
:: motion of the month
NOS 12,043; 12,044
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § OF WASHINGTON COUNTY, TEXAS
§
RODNEY GLENN GRAY § 21st JUDICIAL DISTRICT
MOTION FOR JUDICIAL CLEMENCY
RODNEY GLENN GRAY, Defendant in the above-captioned cause of action, makes this, his Motion for Judicial
Clemency, and shows:
1. Facts.
On May 16, 1995, RODNEY GLENN GRAY was placed on probation for two offenses resulting from the same set
of facts. Defendant was placed on “Regular Probation” in Cause No. 12,044 for the State Jail Felony of Delivery of Marijuana,
and was placed on Deferred Adjudication Probation in Cause No. 12,043 for the Second Degree Felony of Delivery of a
Controlled Substance
2. Defendant Discharged From “Regular Probation” in Cause No. 12,044.
On July 22, 1997, RODNEY GLENN GRAY was released from “Regular Probation” in Cause No. 12,044 after
serving his entire two-year term of probation. A true and correct copy of the Order Discharging Defendant From Probation
is attached hereto as Exhibit “A.”
3. Defendant Released From Disabilities in Cause No. 12,044.
The Order Discharging Defendant From Probation in Cause No. 12,044 states, in relevant part:
It is therefore, ORDERED, ADJUDGED AND DECREED by the Court that the judgement of
conviction heretofore rendered herein on the 16th day of May A.D., 1995 assessing the punishment
of Rodney Glenn Gray at confinement in the Texas Department of Corrections for a period of two
(2) years, but with sentence thereon suspended, be and the same is hereby set aside; that the original
sentence imposed is amended and modified to conform to the probationary period satisfactorily
completed by the defendant; and the indictment against such defendant is hereby dismissed, and
the defendant be, and defendant is released from all penalties and disabilities resulting from the
crime or offense of which defendant has been convicted, except that proof of said conviction shall
be known to the Court should the defendant again be convicted of any criminal offense.
4. Defendant Discharged From Deferred Adjudication Probation in Cause No. 12,043.
On November 4, 2003, the Court signed an Order Discharging Defendant from Probation (Deferred) (Early) that
dismissed RODNEY GLENN GRAY from probation after his having served eight years and five months of his original 10
year probationary term. A true and correct copy of the Order Discharging Defendant From Probation (Deferred) (Early) is
attached hereto as Exhibit “B.”
5. Defendant Released From Disabilities in Cause No. 12,043.
The Order Discharging Defendant From Probation in Cause No. 12,043 states, in relevant part:
M
It is therefore, ORDERED, ADJUDGED AND DECREED by the Court that the deferred proceedings
and adjudication of Texas Code of Criminal Procedure Article 42.12 Section 3d(a) of 16 th day of
May 1995, assessing ten (10) years of probation is hereby set aside; that the original probation
term imposed is amended and modified to conform to Texas Criminal Code of Procedure,
Article 42.12, Section 3d(c); and the indictment against such defendant is hereby dismissed and
the defendant be and is released from all penalties and disabilities resulting from the crime or
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