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`3
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`‘Ex
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`CAUSE No_ MD_0346546
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`STATE or TEXAS
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`VS.
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`RICHARD EARL CHENEY
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`§
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`§
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`§
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`IN THE _ COUNTY
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`COURT
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`OF GALVESTON COUNTY, TEXAS
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`CC2
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`UDICIAL DISTRICT
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`MOTION TO DESTROY CONTROLLED SUBSTANCES
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`the State of Texas, by and through the undersigned Assistant District Attorney, and requests an order
`COMES NOW,
`authorizing destruction of the controlled substances listed in the preceding inventory, pursuant to subchapter E of Chapter 481 of the
`Texas Controlled Substances Act. The State, based upon the attached affidavit, states to the Court that the items listed in the affiant’s
`attached inventory were seized in connection with an offense under Chapter 481, Texas Controlled Substances Act and:
`___J_ the defendant was convicted or placed on deferred adjudication; or
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`the criminal charge against the defendant was dismissed.
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`ANT DISTRICT ATTORNEY: STRIKE‘ 66: THE ENTii1E SHADED SECTION IFTHE
`DEFENDANT’S CASE WAS DISMISSED.
`Pursuant to Article 38.43 Texa§’eode of Criminal Procedure, ifiaidefendant is convicted, evidence known to contain biological’:/iiaterial
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`must be preserved until the defendant is executed, dies, completes his sentence, is released on parole or mandatory supervision, or has
`received notice of intent to destroy the evidence and no objectionswswere made within 90 days. The“defendant injtlii" case has (select one):
`_______,__w Beenexecutedfg
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`Died;
`as
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`«ij;;Comp1eted,his7her sentence
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`/» : Been releasedbn parole or mandatory super,vis,1,0.1:1;i
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`Executed a written waiver of his/her rights to have said evidence preserved; or
`‘l§The defendant, the defendant’s last attorney of record and the convicting court were duly noticed of the
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`planned destruction of all evidence,: whether it is known to contain biological material or not, that was collected and/or seized during the
`investigation ofthe above referenced offense; ‘Said notice was sent by:
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`. (A)
`certified mail on
`(date)”and received y the defendant and/or the attorney’ on
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`‘ (date),
`and’ proof of defe'ndant’s/attorney’s receipt of the notice was received, by the prosecutor on
`(date) and no written objections were made by either defendant, last attorney of record, or the convicting court within
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`90 days from lei later of the ‘following dates; (l)'the date the notice was mailed to the defendanfis last attorney of record; or (2).the date
`the prosecutor received proof that notice was received by the defendant; or .
`W
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`: (date),
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`(B)
`said notice was hand delivered to the defendant and/or to the attorney on *
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`and no written objections were made by either defendant, last attorney ofrecord; or the convicting court within 90 days from the date the
`notice was served on the defendant and his attorney.
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`INSTRUCTION TO Ass
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`Pursuant to Subchapter E of Chapter 481 of the Texas Controlled Substances Act, the State requests that the listed agency be ordered to
`destroy the controlled substances listed in the attached Inventory of Controlled Substances. Sufficient documentation as to the ultimate
`disposition of said controlled substances will be retained by said agency.
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`in4wesééwet eam
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`V
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`'3
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`CAUSE No.
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`MD_0346546
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`STATE OF TEXAS
`
`VS.
`
`RICHARD EARL CHENEY
`
`§
`
`§
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`’ §
`
`IN THE _ COUNTY
`
`COURT
`
`OF GALVESTON COUNTY, TEXAS
`
`_CC2
`
`IUDICIAL DISTRICT
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`REQUEST FOR DESTRUCTION OF CONTROLLED SUBSTANCES
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`the
`possesses
`GALVESTON COUNTY SHERIFF'S OFFICE
`the
`that
`states
`Affiant, DEPUTY AMANDA QUINTANILLA ,,
`controlled substances listed below. rurtner, tne controlled substances were seized in connection with an offense under Chapter 481 of the
`Texas Controlled Substances Act and the seizure is described in offense report number 14-00002390
`. The criminal case involving
`the
`listed
`controlled
`substances was
`assigned
`to
`the
`above
`referenced Court, where
`the
`defendant
`received
`6 DAYS COUNTY JAIL
`(assert either defendant’s sentence or dismissal).
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`INSTRUCTION TO AFFIAN’/I‘: Please check any of the following categories that apply. The defendant has: ( I)
`been executed;
`(2)
`died; (3) »/
`completed his/her sentence; (4)
`Iheen released on parole or mandatory supervision; (5)
`1
`signed a
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`written waiver of his/her rights to have evidence preserved; (6)
`5
`Y
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`received notice of the intent to destroy evidence, as described in the
`State’s motion to destroy; or (7) 1
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`the defendant’s criminal charge resulted; in a dismissal.
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`Note to Affiant: If any of the ‘above categories apply to theydefendant yort may strike out the paragraph in1’mediately’b'el:‘oiv,<that
`discusses thepresence ofbiological material.
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`ism) mom to
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`is)( A A;
`PRESENCE or BIOLOGICAIQ MATERIAL} Affiant further‘ states that the listed property (I A
`contain biological material that~if subjected to scientific testing would more likely than not: (A) establish the identity of the person
`tr‘A!
`committing the offense; or (B) exclude person from the group ofperson who could have committed the offense.
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`Inventory of Controlled Substances seized in connection with above referenced case:
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`Item
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`Item 3:
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`Item 5:
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`Item 2;
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`Item 4:
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`Item 6:
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`Pursuant to Subchapter E of Chapter 481, Texas Controlled Substances Act, affiant request that the State of Texas, by and through her
`Assistant District Attorney, move for a destruction order authorizing destruction of the above listed controlled substances by the above
`referenced law enforcement agency‘ Sufficient documentation as to
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`e disposition of the controlled substances will be retained
`by the agency.
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` AMANDA QUINTANILLA
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`DATED:
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`I
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`SIGNED:
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`Affiant
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`Sworn to and subscribed before me this theL day ofA/2_‘a4__, A.D., 20
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`SIGNED:
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`JAMES DUTTON
`Nomw.pup||c, state of Taxes
`My Commission Expires
`June 23. 2019
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`ary Public for the State of T as
`y Commission Expires: é 23 7
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`(Type or Print Name)
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