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FILED
9/6/2023 11:22 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lafonda Sims DEPUTY
Cause No. DC-23-04417
ROBERT WAYNE MITCHELL IN THE DISTRICT COURT OF
Plaintiffs,
Vv. 298th JUDICIAL DISTRICT
BRYAN COLLIER, EXECUTIVE
DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE DALLAS COUNTY, TEXAS
Defendants.
DEFENDANTS’ OPPOSITION TO PLAINTIFF’S APPLICATION FOR TEMPORARY INJUNCTION
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant Bryan Collier asks the Court to deny Plaintiff's Request for Temporary
Injunction. In further support, Defendants respectfully show the Court as follows:
On August 18, 2023, Plaintiff, Robert Wayne Mitchell, filed his first amended petition and
supplemental application for temporary restraining order and request for temporary injunction
without properly serving Defendant Bryan Collier. In this petition, Mitchell asserts that a
temporary injunction is necessary because he would allegedly suffer imminent and irreparable
harm; namely, that he should have been discharged from parole on July 12, 2021. See Plaintiff’s
First Am. Pet. According to Mitchell, an injunction is proper because he “alleges a viable cause of
action and shows a probable right to the relief sought...” Jd. Mitchell’s entire lawsuit hinges on
the certificate of parole issued on May 17, 1999 that states “If Parole is satisfactorily completed,
Discharge Date will be 7-12-2021.” See Plaintiffs Pet. for Writ of Mandamus, Ex. B (emphasis
added).
On September 5, 2023, this Court held a hearing on Plaintiff’s motion for a temporary
injunction. At the time, Defendant was unaware that this Court intended to hear Plaintiff's
temporary injunction. Due to the expedited nature of the case, Defendant was not able to marshal
evidence that indicated Plaintiff had not satisfactorily completed his parole, and thus would not
have a likelihood of success on the merits warranting a temporary injunction. As referenced at the
hearing, undersigned counsel provided Plaintiff an affidavit from Charley Valdez, who is the
Program Supervisor V for the Classification and Records Department of the Texas Department of
Criminal Justice. In her affidavit, Ms. Valdez makes clear that Plaintiff did not satisfactorily
complete his parole when he was released on May 5, 1999.
Plaintiffs parole was revoked on January 10, 2008, after he was sentenced to two 6-month
sentences for False Statement to Obtain Property and Fraud Use/possession of identification
information on December 5, 2007. See Ex. A. Plaintiff forfeited the time spent on supervision,
namely 8 years, 4 months, and 17 days, pursuant to Texas Government Code 508.149(a)(1) and
508.283(b). See also Ex parte Hernandez, 275 S.W.3d 895, 898 (Tex. Crim. App. 2009). Plaintiff
was subsequently picked up on multiple bench warrants while he was in TDCJ’s custody for
offenses out of Dallas and Collin County related to theft and credit card abuse. Ex. A at 4-5.
Plaintiff was released from TDCJ custody to parole supervision on October 21, 2014 and informed
that he would be discharged from parole—if he satisfactorily completed his parole conditions—on
November 27, 2029. Ex. A at 5.
To obtain a temporary injunction, the applicant must plead and prove three specific
elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and
(3) a probable, imminent, and irreparable injury in the interim. Butnaru v. Ford Motor Co., 84
S.W.3d 198, 204 (Tex.2002).
As listed above, and as orally presented to this Court at the September 5 hearing, it is clear
that Plaintiff does not have a probable right to the relief sought. Plaintiff failed to satisfactorily
complete his parole conditions when he committed various new offenses from 2004 through 2007
while on parole. Plaintiff's parole was properly revoked. Plaintiff's subsequent relief on parole in
2014 made clear that he would remain on parole until 2029 if he satisfactorily completed the new
parole conditions. Because the new discharge date has not yet accrued, Plaintiff has no right to a
temporary injunction and this Court should maintain the status quo that Plaintiff remain on parole.
Additionally, because Plaintiff was properly revoked on parole in 2008, he does not have a probable
right to the relief sought. Accordingly, this Court should deny Plaintiff’s motion for temporary
injunction.
PRAYER
For these reasons, Defendant respectfully asks the Court to deny Plaintiffs application for
Temporary Injunction.
Respectfully submitted,
ANGELA COLMENERO
Provisional Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
GRANT DORFMAN
Deputy First Assistant Attorney General
JAMES LLOYD
Acting Deputy Attorney General for Civil Litigation
SHANNA MOLINARE
Chief for Law Enforcement Defense Division
/s/ Luis A. Suarez
LUIS A. SUAREZ
Assistant Attorney General
Texas Bar No. 24117110
Luis.Suarez@oag.texas.go
Office of the Attorney General
Law Enforcement Defense Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 463-2120 / Fax (512) 320-0667
COUNSEL FOR DEFENDANT
CERTIFICATE OF CONFERENCE
Undersigned counsel contacted Plaintiff’s counsel on September 6, 2023 and he is
opposed to this motion.
CERTIFICATE OF SERVICE
[hereby certify that a true and correct copy of the foregoing instrument has been served
electronically through the electronic-filing manager in compliance with Texas Rule of Civil
Procedure 21a on this the September 6, 2023, to all counsel of record:
/s/ Luis A. Suarez
LUIS A. SUAREZ
Assistant Attorney General
Cause No. DC-23-04417
ROBERT WAYNE MITCHELL IN THE DISTRICT COURT OF
Plaintiffs,
Vv. 298th JUDICIAL DISTRICT
BRYAN COLLIER, EXECUTIVE
DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE DALLAS COUNTY, TEXAS
Defendants.
DEFENDANTS’ OPPOSITION TO PLAINTIFF’S APPLICATION FOR TEMPORARY INJUNCTION
EXHIBIT A
DC-23-04417
ROBERT WAYNE MITCELL
TDCJ# 00599854
Plaintiff, IN THE DISTRICT COURT
Vv 298TH JUDICIAL DISTRICT
BRYAN COLLIER, DALLAS COUNTY, TEXAS
EXECUTIVE DIRECTOR,
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE
Defendant,
AFFIDAVIT OF CHARLEY VALDEZ
STATE OF TEXAS
COUNTY OF WALKER
BEFORE ME, the undersigned, a Notary Public in and for the State of
Texas, on this day personally appeared Charley Valdez, who, after being duly
sworn, deposes as follows:
“My name is Charley Valdez. I am over twenty/one years of age, of
sound mind, capable of making this affidavit, and personally acquainted with
the facts herein stated.
I am employed as Program Supervisor V for the Classification and
Records Department (CRD) of the Texas Department of Criminal Justice,
Correctional Institutions Division (TDCJ-CID), and my office is in Huntsville,
Texas. I have reviewed time records kept by the CRD regarding
MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459
Page 2
Plaintiff, ROBERT WAYNE MITCHELL, TDCJ# 00599854 / SID#
02516459. CRD maintains these records in the regular course of business for
every inmate confined; it was in the regular course of business for an
employee or representative of the TDCJ-CID with knowledge of the act, event,
condition, opinion, or diagnosis recorded to make the record or to transmit
information thereof to be included in such record; and the record was made
at or near the time or reasonably soon thereafter. Based on my review of these
records, the
following contains the current sentence information for Inmate Mitchell.”
Offenses County Cause Number Sentence Offense Sentence Sentence Maximum
Date Date Begin Date Expiration Date
Theft of Property Dallas F91-42483T 30 Years 06/17/1991 10/04/1991 07/12/1991 11/27/2029
Theft Prop O/20k. Dallas F-0800433-1 12 Years 01/02/2007 08/24/2009 11/25/2007 11/25/2019
False Statement DISCHARGED
Obtain Property Tarrant 1092415W 6 Months 11/25/2007 12/05/2007 11/24/2007 05/21/2008
Fraud Use / DISCHARGED
Possession ID Tarrant 1092421W. 6 Months 11/25/2007 12/05/2007 11/24/2007 05/21/2008
Evading Arrest Dallas F-0724059-J 6 Months 05/10/2007 08/24/2009 06/03/2007 DISCHARGED
11/29/2007
Theft 0/1500 Collin 219-82675-05 9 Months. 09/20/2005 09/10/2010 04/16/2008 DISCHARGED
01/10/2009
Credit Card DISCHARGED
Abuse. Collin 219-81438-04 9 Months 04/29/2004 09/10/2010 04/16/2008 01/10/2009
Credit Card DISCHARGED
Abuse Collin 219-81437-04 9 Months 04/29/2004 09/10/2010 04/16/2008 01/10/2009
Released to Pre- Pre- Pre- Supervision Jail Credit Time Forfeited
Supervision Revocation Revocation Revocation Revoked
Warrant Warrant Warrant
Issued Executed Withdrawn
07/05/1999 05/13/2004 05/13/2004 05/17/2004 05/13/2004 to
05/17/2004
11/26/2007 11/26/2007 01/10/2008 11/26/2007 to 8 years, 4 months, 17 days
10/21/2014
10/21/2014
MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459
Page 3
Plaintiff was received into TDCJ custody on 10/28/1991 from Dallas County on
a 30-year sentence and was convicted by the 283" Judicial District Court for the
following:
e Theft of Property, under cause number F91-42483T. Plaintiff was
convicted for an offense occurring on 06/17/1991, with sentencing on
10/04/1991 and sentence to begin on 07/12/1991.
Plaintiff was released from TDCJ custody to parole on 07/05/1999.
An arrest warrant was issued on 05/13/2004 by the Parole Division and
executed on 05/13/2004 in Tarrant County. Warrant was withdrawn on 05/17/2004,
and Plaintiff was continued on parole supervision. Plaintiff received jail credit from
05/13/2004 to 05/17/2004.
An arrest warrant was issued on 11/26/2007 by the Parole Division and
executed on 11/26/2007 in Tarrant County.
On 12/05/2007, Plaintiff received two 6-month sentences by the Criminal
District Court #3 for the following:
e False Statement Obtain Property, under cause number 1092415W.
Plaintiff was convicted for an offense occurring on 11/25/2007, with
sentencing on 12/05/2007 and sentence to begin on 11/24/2007.
Fraud Use/Poss of ID Info, under cause number 1092421W. Plaintiff
was convicted for an offense occurring on 11/25/2007, with sentencing
on 12/05/2007 and sentence to begin on 11/24/2007.
Plaintiffs parole supervision was revoked on 01/10/2008 and he was
transferred to TDCJ custody on 04/15/2008. Because Plaintiff had a prior
conviction for aggravated robbery (under Cause Number F79-9511-HJ, served
MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459
Page 4
under prior TDCJ# 00350417), he forfeited the time spent on supervision:
8 years, 4 months, and 17 days. Tex. Gov't Code §§ 508.149(a)(12), 508.283(b);
Ex parte Hernandez, 275 S.W.3d 895, 898 (Tex. Crim. App. 2009). He also
forfeited any previously accrued good time. Tex. Gov't Code § 498.004(b).
Plaintiff was picked up from TDCJ on a bench warrant by Dallas County
Sheriffs Office 06/12/2008, and convicted by the Criminal District Court #3 for the
following:
e Theft of property > 20K Elderly, under cause number F-0800433-J and
sentenced to 12 years. Plaintiff was convicted for an offense occurring on
01/02/2007, with sentencing on 08/24/2009 and sentence to begin on
11/25/2007.
Evading arrest, under cause number F-0724059-J and sentenced to
6 months. Plaintiff was convicted for an offense occurring on 05/10/2007,
with sentencing on 08/24/2009 ad sentence to begin on 06/03/2007.
Plaintiff was returned to TDCJ custody on 09/24/2009.
Plaintiff was picked up from TDCJ custody on a bench warrant by Collin
County Sheriffs Office 06/12/2010 and received three 9-month sentences by the
219* District Court for the following:
e Theft 1500-20,000, under cause number 219-82675-05. Plaintiff was
convicted for an offense occurring on 09/20/2005, with sentencing on
09/10/2010 and sentence to begin on 04/16/2008.
Credit Card Abuse, under cause number 219-81437-04. Plaintiff was
convicted for an offense occurring on 04/29/2004, with sentencing on
09/10/2010 and sentence to begin on 04/16/2008.
Credit Card Abuse, under cause number 219-81438-04. Plaintiff was
convicted for an offense occurring on 04/29/2004, with sentencing on
09/10/2010 and sentence to begin on 04/16/2008.
MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459
Page 5
Plaintiff was returned to TDCJ custody on 09/30/2010.
Plaintiff received jail credit from 11/26/2007 to date of release on 10/21/2014.
Plaintiff was released from TDCJ custody to parole supervision on 10/21/2014
with a maximum discharge date of 11/27/2029.
CHARLEY DEZ
Program pervisor V,
Classification and Records
Texas Department of Criminal Justice
Correctional Institutions Division
Sworn to and subscribed before me on the Is day of St U wb
2022.
Potty td
(Notary’s Signature)
Notary Public, State of Texas
BRITTNEY VEST
\-\Notary Publio-State of Texas.
Notary ID #13177902-0
Qe Commission Exp, OCT. 25, 2028
Notary without Bond
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Sherry Hightower on behalf of Luis Suarez
Bar No. 24117110
Sherry.Hightower@oag.texas.gov
Envelope ID: 79253116
Filing Code Description: Response
Filing Description: DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP
INJ
Status as of 9/7/2023 9:02 AM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
Deborah Woltersdorf Deborah.Woltersdorf@oag.texas.gov | 9/6/2023 11:22:16 AM | SENT
Associated Case Party: TDC, ID, BRYAN COLLIER
Name BarNumber | Email TimestampSubmitted | Status
Luis Suarez | 24117110 luis.suarez@oag.texas.gov | 9/6/2023 11:22:16 AM | SENT
Associated Case Party: ROBERTWAYNEMITCHELL
Name BarNumber | Email TimestampSubmitted | Status
Taj Warren twarren@warrenlawpllc.com | 9/6/2023 11:22:16 AM | SENT
Preview
FILED 9/6/2023 11:22 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lafonda Sims DEPUTY Cause No. DC-23-04417 ROBERT WAYNE MITCHELL IN THE DISTRICT COURT OF Plaintiffs, Vv. 298th JUDICIAL DISTRICT BRYAN COLLIER, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE DALLAS COUNTY, TEXAS Defendants. DEFENDANTS’ OPPOSITION TO PLAINTIFF’S APPLICATION FOR TEMPORARY INJUNCTION TO THE HONORABLE JUDGE OF SAID COURT: Defendant Bryan Collier asks the Court to deny Plaintiff's Request for Temporary Injunction. In further support, Defendants respectfully show the Court as follows: On August 18, 2023, Plaintiff, Robert Wayne Mitchell, filed his first amended petition and supplemental application for temporary restraining order and request for temporary injunction without properly serving Defendant Bryan Collier. In this petition, Mitchell asserts that a temporary injunction is necessary because he would allegedly suffer imminent and irreparable harm; namely, that he should have been discharged from parole on July 12, 2021. See Plaintiff’s First Am. Pet. According to Mitchell, an injunction is proper because he “alleges a viable cause of action and shows a probable right to the relief sought...” Jd. Mitchell’s entire lawsuit hinges on the certificate of parole issued on May 17, 1999 that states “If Parole is satisfactorily completed, Discharge Date will be 7-12-2021.” See Plaintiffs Pet. for Writ of Mandamus, Ex. B (emphasis added). On September 5, 2023, this Court held a hearing on Plaintiff’s motion for a temporary injunction. At the time, Defendant was unaware that this Court intended to hear Plaintiff's temporary injunction. Due to the expedited nature of the case, Defendant was not able to marshal evidence that indicated Plaintiff had not satisfactorily completed his parole, and thus would not have a likelihood of success on the merits warranting a temporary injunction. As referenced at the hearing, undersigned counsel provided Plaintiff an affidavit from Charley Valdez, who is the Program Supervisor V for the Classification and Records Department of the Texas Department of Criminal Justice. In her affidavit, Ms. Valdez makes clear that Plaintiff did not satisfactorily complete his parole when he was released on May 5, 1999. Plaintiffs parole was revoked on January 10, 2008, after he was sentenced to two 6-month sentences for False Statement to Obtain Property and Fraud Use/possession of identification information on December 5, 2007. See Ex. A. Plaintiff forfeited the time spent on supervision, namely 8 years, 4 months, and 17 days, pursuant to Texas Government Code 508.149(a)(1) and 508.283(b). See also Ex parte Hernandez, 275 S.W.3d 895, 898 (Tex. Crim. App. 2009). Plaintiff was subsequently picked up on multiple bench warrants while he was in TDCJ’s custody for offenses out of Dallas and Collin County related to theft and credit card abuse. Ex. A at 4-5. Plaintiff was released from TDCJ custody to parole supervision on October 21, 2014 and informed that he would be discharged from parole—if he satisfactorily completed his parole conditions—on November 27, 2029. Ex. A at 5. To obtain a temporary injunction, the applicant must plead and prove three specific elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex.2002). As listed above, and as orally presented to this Court at the September 5 hearing, it is clear that Plaintiff does not have a probable right to the relief sought. Plaintiff failed to satisfactorily complete his parole conditions when he committed various new offenses from 2004 through 2007 while on parole. Plaintiff's parole was properly revoked. Plaintiff's subsequent relief on parole in 2014 made clear that he would remain on parole until 2029 if he satisfactorily completed the new parole conditions. Because the new discharge date has not yet accrued, Plaintiff has no right to a temporary injunction and this Court should maintain the status quo that Plaintiff remain on parole. Additionally, because Plaintiff was properly revoked on parole in 2008, he does not have a probable right to the relief sought. Accordingly, this Court should deny Plaintiff’s motion for temporary injunction. PRAYER For these reasons, Defendant respectfully asks the Court to deny Plaintiffs application for Temporary Injunction. Respectfully submitted, ANGELA COLMENERO Provisional Attorney General of Texas BRENT WEBSTER First Assistant Attorney General GRANT DORFMAN Deputy First Assistant Attorney General JAMES LLOYD Acting Deputy Attorney General for Civil Litigation SHANNA MOLINARE Chief for Law Enforcement Defense Division /s/ Luis A. Suarez LUIS A. SUAREZ Assistant Attorney General Texas Bar No. 24117110 Luis.Suarez@oag.texas.go Office of the Attorney General Law Enforcement Defense Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2120 / Fax (512) 320-0667 COUNSEL FOR DEFENDANT CERTIFICATE OF CONFERENCE Undersigned counsel contacted Plaintiff’s counsel on September 6, 2023 and he is opposed to this motion. CERTIFICATE OF SERVICE [hereby certify that a true and correct copy of the foregoing instrument has been served electronically through the electronic-filing manager in compliance with Texas Rule of Civil Procedure 21a on this the September 6, 2023, to all counsel of record: /s/ Luis A. Suarez LUIS A. SUAREZ Assistant Attorney General Cause No. DC-23-04417 ROBERT WAYNE MITCHELL IN THE DISTRICT COURT OF Plaintiffs, Vv. 298th JUDICIAL DISTRICT BRYAN COLLIER, EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE DALLAS COUNTY, TEXAS Defendants. DEFENDANTS’ OPPOSITION TO PLAINTIFF’S APPLICATION FOR TEMPORARY INJUNCTION EXHIBIT A DC-23-04417 ROBERT WAYNE MITCELL TDCJ# 00599854 Plaintiff, IN THE DISTRICT COURT Vv 298TH JUDICIAL DISTRICT BRYAN COLLIER, DALLAS COUNTY, TEXAS EXECUTIVE DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE Defendant, AFFIDAVIT OF CHARLEY VALDEZ STATE OF TEXAS COUNTY OF WALKER BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Charley Valdez, who, after being duly sworn, deposes as follows: “My name is Charley Valdez. I am over twenty/one years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated. I am employed as Program Supervisor V for the Classification and Records Department (CRD) of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), and my office is in Huntsville, Texas. I have reviewed time records kept by the CRD regarding MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459 Page 2 Plaintiff, ROBERT WAYNE MITCHELL, TDCJ# 00599854 / SID# 02516459. CRD maintains these records in the regular course of business for every inmate confined; it was in the regular course of business for an employee or representative of the TDCJ-CID with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. Based on my review of these records, the following contains the current sentence information for Inmate Mitchell.” Offenses County Cause Number Sentence Offense Sentence Sentence Maximum Date Date Begin Date Expiration Date Theft of Property Dallas F91-42483T 30 Years 06/17/1991 10/04/1991 07/12/1991 11/27/2029 Theft Prop O/20k. Dallas F-0800433-1 12 Years 01/02/2007 08/24/2009 11/25/2007 11/25/2019 False Statement DISCHARGED Obtain Property Tarrant 1092415W 6 Months 11/25/2007 12/05/2007 11/24/2007 05/21/2008 Fraud Use / DISCHARGED Possession ID Tarrant 1092421W. 6 Months 11/25/2007 12/05/2007 11/24/2007 05/21/2008 Evading Arrest Dallas F-0724059-J 6 Months 05/10/2007 08/24/2009 06/03/2007 DISCHARGED 11/29/2007 Theft 0/1500 Collin 219-82675-05 9 Months. 09/20/2005 09/10/2010 04/16/2008 DISCHARGED 01/10/2009 Credit Card DISCHARGED Abuse. Collin 219-81438-04 9 Months 04/29/2004 09/10/2010 04/16/2008 01/10/2009 Credit Card DISCHARGED Abuse Collin 219-81437-04 9 Months 04/29/2004 09/10/2010 04/16/2008 01/10/2009 Released to Pre- Pre- Pre- Supervision Jail Credit Time Forfeited Supervision Revocation Revocation Revocation Revoked Warrant Warrant Warrant Issued Executed Withdrawn 07/05/1999 05/13/2004 05/13/2004 05/17/2004 05/13/2004 to 05/17/2004 11/26/2007 11/26/2007 01/10/2008 11/26/2007 to 8 years, 4 months, 17 days 10/21/2014 10/21/2014 MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459 Page 3 Plaintiff was received into TDCJ custody on 10/28/1991 from Dallas County on a 30-year sentence and was convicted by the 283" Judicial District Court for the following: e Theft of Property, under cause number F91-42483T. Plaintiff was convicted for an offense occurring on 06/17/1991, with sentencing on 10/04/1991 and sentence to begin on 07/12/1991. Plaintiff was released from TDCJ custody to parole on 07/05/1999. An arrest warrant was issued on 05/13/2004 by the Parole Division and executed on 05/13/2004 in Tarrant County. Warrant was withdrawn on 05/17/2004, and Plaintiff was continued on parole supervision. Plaintiff received jail credit from 05/13/2004 to 05/17/2004. An arrest warrant was issued on 11/26/2007 by the Parole Division and executed on 11/26/2007 in Tarrant County. On 12/05/2007, Plaintiff received two 6-month sentences by the Criminal District Court #3 for the following: e False Statement Obtain Property, under cause number 1092415W. Plaintiff was convicted for an offense occurring on 11/25/2007, with sentencing on 12/05/2007 and sentence to begin on 11/24/2007. Fraud Use/Poss of ID Info, under cause number 1092421W. Plaintiff was convicted for an offense occurring on 11/25/2007, with sentencing on 12/05/2007 and sentence to begin on 11/24/2007. Plaintiffs parole supervision was revoked on 01/10/2008 and he was transferred to TDCJ custody on 04/15/2008. Because Plaintiff had a prior conviction for aggravated robbery (under Cause Number F79-9511-HJ, served MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459 Page 4 under prior TDCJ# 00350417), he forfeited the time spent on supervision: 8 years, 4 months, and 17 days. Tex. Gov't Code §§ 508.149(a)(12), 508.283(b); Ex parte Hernandez, 275 S.W.3d 895, 898 (Tex. Crim. App. 2009). He also forfeited any previously accrued good time. Tex. Gov't Code § 498.004(b). Plaintiff was picked up from TDCJ on a bench warrant by Dallas County Sheriffs Office 06/12/2008, and convicted by the Criminal District Court #3 for the following: e Theft of property > 20K Elderly, under cause number F-0800433-J and sentenced to 12 years. Plaintiff was convicted for an offense occurring on 01/02/2007, with sentencing on 08/24/2009 and sentence to begin on 11/25/2007. Evading arrest, under cause number F-0724059-J and sentenced to 6 months. Plaintiff was convicted for an offense occurring on 05/10/2007, with sentencing on 08/24/2009 ad sentence to begin on 06/03/2007. Plaintiff was returned to TDCJ custody on 09/24/2009. Plaintiff was picked up from TDCJ custody on a bench warrant by Collin County Sheriffs Office 06/12/2010 and received three 9-month sentences by the 219* District Court for the following: e Theft 1500-20,000, under cause number 219-82675-05. Plaintiff was convicted for an offense occurring on 09/20/2005, with sentencing on 09/10/2010 and sentence to begin on 04/16/2008. Credit Card Abuse, under cause number 219-81437-04. Plaintiff was convicted for an offense occurring on 04/29/2004, with sentencing on 09/10/2010 and sentence to begin on 04/16/2008. Credit Card Abuse, under cause number 219-81438-04. Plaintiff was convicted for an offense occurring on 04/29/2004, with sentencing on 09/10/2010 and sentence to begin on 04/16/2008. MITCHELL, ROBERT WAYNE TDCJ# 00599854 / SID# 02516459 Page 5 Plaintiff was returned to TDCJ custody on 09/30/2010. Plaintiff received jail credit from 11/26/2007 to date of release on 10/21/2014. Plaintiff was released from TDCJ custody to parole supervision on 10/21/2014 with a maximum discharge date of 11/27/2029. CHARLEY DEZ Program pervisor V, Classification and Records Texas Department of Criminal Justice Correctional Institutions Division Sworn to and subscribed before me on the Is day of St U wb 2022. Potty td (Notary’s Signature) Notary Public, State of Texas BRITTNEY VEST \-\Notary Publio-State of Texas. Notary ID #13177902-0 Qe Commission Exp, OCT. 25, 2028 Notary without Bond Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sherry Hightower on behalf of Luis Suarez Bar No. 24117110 Sherry.Hightower@oag.texas.gov Envelope ID: 79253116 Filing Code Description: Response Filing Description: DEFT'S OPPOSITION TO PLTF'S APPLIC FOR TEMP INJ Status as of 9/7/2023 9:02 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status Deborah Woltersdorf Deborah.Woltersdorf@oag.texas.gov | 9/6/2023 11:22:16 AM | SENT Associated Case Party: TDC, ID, BRYAN COLLIER Name BarNumber | Email TimestampSubmitted | Status Luis Suarez | 24117110 luis.suarez@oag.texas.gov | 9/6/2023 11:22:16 AM | SENT Associated Case Party: ROBERTWAYNEMITCHELL Name BarNumber | Email TimestampSubmitted | Status Taj Warren twarren@warrenlawpllc.com | 9/6/2023 11:22:16 AM | SENT