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VOICE for the defense
offense of the defendant for which defendant was brought into court, except that proof of said
probation period shall be known to the Court should the defendant again be brought before the
Court for any criminal offense.
6. Defendant Has Been Rehabilitated.
RODNEY GLENN GRAY would show the court that he has reformed, rehabilitated, and changed his life since
committing the offenses that are the subject of the above-mentioned orders. In partial proof thereof, RODNEY GLENN
GRAY attaches hereto Exhibits “C” through “U,” and includes them herein as though recited herein verbatim.
7. “Judicial Clemency” is an Established Concept of Texas Jurisprudence in Accordance With Cuellar v. State.
A. First Type of Discharge.
There are two types of discharge from probation. The first type of discharge from probation is that which is required
after a person who has been placed on probation has completed his entire term of probation and satisfactorily fulfilled all
the conditions of probation. In this situation, the judge shall discharge the probationer. This is the case in Cause No. 12,044,
above. In some cases, such as in Cause No. 12,043, above, the court may terminate Defendant’s probation early. In this
first and most common type of discharge from probation, Defendant essentially “graduates” from probation. In this type of
discharge, the Defendant has been convicted of a felony, even though he never went to prison, and even though for some
purposes the conviction may not be “final.”
B. Second Type of Discharge.
The second, less common type of discharge is one giving rise to the concept of Judicial Clemency, recognized by
the Court of Criminal Appeals, Cuellar v. State, 70 S.W.3d 815 (Tex. Crim. App. 2002). This type of discharge is not a matter
of right, but is a matter of “Judicial Clemency” within the trial court’s sole discretion. According to this theory, when a trial
judge believes that a person on community supervision is completely rehabilitated and is ready to re-take his place as a
law-abiding member of society, the trial judge may set aside the verdict or permit the defendant to withdraw his plea, and
shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released
from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has
pled guilty. If a judge chooses to exercise his discretion to grant Judicial Clemency, the defendant is free to walk away from
the courtroom released from all penalties and disabilities resulting from the conviction. Although a person who successfully
completes all the terms and conditions of community supervision must be discharged from community supervision, whether
to dismiss the indictment and set aside the conviction is wholly within the discretion of the trial court.
:: motion of the month
8. Defendant Requests Judicial Clemency.
Since being released from probation, RODNEY GLENN GRAY has had difficulty overcoming the record of conviction
reported in such sources as “backgroundchecks.com,” a true and correct copy of which is attached hereto as Exhibit “V.”
Additionally, although RODNEY GLENN GRAY has obtained a Bachelor of Science degree from Texas A & M University at
Kingsville in the subject of Kinesiology Education, he has had difficulty in obtaining a job as a result of his criminal record.
Specifically, and without limitation, RODNEY GLENN GRAY has obtained a job as a teacher, but was fired because of his
criminal record; has obtained a job at Academy, but was fired after two weeks because of his criminal record; has applied
for jobs with the Houston, Katy, Klein, and Alief Independent School Districts, but was turned down because of his record;
and has applied for, but been unable to secure, jobs with at least 50 employers. The grant of Judicial Clemency from the
court would enable RODNEY GLENN GRAY to obtain and maintain employment.
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