MOTION TO COMPEL PROMPT REVOCATION HEARING
by Lakeith Sharif
Written May 3, 2005

IN THE 282NC DISTRICT COURT
Dallas County, Texas

CAUSE NO. F0273127-s

State of Texas
v
Lakeith Amir-Sharif

Defendant's (2nd) Motion To Compel
Prompt Revocation Hearing

Now comes Defendant, Lakeith Amir-Sharif, acting pro.se and pursuant to Article 42.12 § 21(b) C.C.P., moves this court to order that a prompt revocation hearing be held immediately and at ++ within 20 days (May 22, 2005) of the filing of this motion and in support of this Motion, Defendant shows:

    (1)    On March 29, 2005, defendant filed his (1st) Motion To Compel Prompt Revocation Hearing.  The motion was served by regular U.S. Mail from the Dallas County Jail's Government Center Facility.

    (2)    On April 07, 2005, defendant personally gave attorney Thomas Grett a copy of the 1st Motion to Compel Hearing along with other documents, intended for the Honorable Judge Karen Greene.

    (3)    To defendant's best knowledge, information and belief, attorney Thomas Grett destroyed, discarded, lost and/or purposely withheld the defendant's pro.se Motion to Commit Hearing from Judge Karen Greene.

    (4)    On or about April 12, 2005, the defendant called the 282nd clerk and Court Coordinator (at 214/653-5850 and 5852), and was informed that nothing had been received from the defendant by either office since pro.se motions the defendant filed back in June/July 2003.

    (5)    The original conviction in this cause for Criminal Mischief (scratching the rearend of a truck) occurred on or about July 01, 2002.  Defendant was granted a 3 year deferred adjudication probation sentence.

    (6)    On February 10, 2005, defendant was arrested on a warrant issued by this court for an alleged violation of the terms of that probation.

    (7)    Defendant has been continuously confined in the Dallas County Jail for 82 days (to date) and has NEVER been provided his right to a revocation hearing within 20 days of the filing of his March 27, 2005 Motion, and when that motion was not held, the defendant was legally entitled to be released from custody on April 18, 2005.

    (8)    They attorney Thomas Grett was on February 15, 2005, assigned by this court to supposedly represent this defendant, but Thomas Grett has NEVER to this date, made any effort to assert the defendant's wishes and right to the revocation hearing.

    (9)    Thomas Grett's inaction has deprived the defendant of his liberty, his right to substantive and procedural due process as well as equal protection of the law, which Thomas Grett knew of or should have known of given the educational background hes supposed to obtain to practice law in Texas.

Under due process consideration of fundamental fairness, the court given the totality of circumstances surrounding defendant's 1st Motion to Compel Hearing and the slipshod, prejudiced, and wholly ineffective legal assistance of Thomas Grett, a revocation hearing should be set and held immediately to uphold the integrity of the Dallas County, Texas Judicial System, and the values of the Texas and United States Constitutions.

WHEREFORE, based on the foregoing facts, the defendant prays that this court grant this motion and order a revocation hearing be held immediately or within 20 days of the filing of this motion pursuant to Article 42.12, Section 12(b) of the Code of Criminal Procedures, and if a hearing is not held, that defendant be released from the custody of Dallas County Texas Sheriff and Staff on May 22, 2005. 

In the alternative that the state's motion to revoke probation be dismissed on the grounds that the defendant has unlawfully been denied his statutory right to a prompt hearing and his constitutional rights, both state and federal to a speedy revocation hearing.

Lakeith Amir-Sharif
Dallas County Jail (11-N-5)
Dallas, Texas 75202

UNSWORN DECLARATION

I, Lakeith Amir-Sharif BN # 05011624, being presently incarcerated at the Dallas County Jail in Dallas County Texas declare under penalty of pejury that the foregoing Motion To Compel Prompt Revocation Hearing and the statements made therein are true and correct.

Executed on May 03, 2004

Lakeith Amir-Sharif

REQUEST TO SELF REPRESENT
by Lakeith Sharif
Mailed May 8, 2005

THE LAWYER

Dallas County