emack exhibits
DESCRIPTION
The documents submitted to the court during Mike Emack's plea of nolo contendre regarding the underage marriage and subsequent rape of Ruleen Johnson.TRANSCRIPT
OF COPIES OF DRIVING RECORDS
,sTATE OF UTAH REQUESTER: SPECIAL INVESTIGATION UNIT
COUNTY OF SALT LAKE
THIS IS TO CERTIFY THE Al'TACHED DoctlMENTS TO BE TRUE, COMPLETE AND CORRECT COPIES AS CONTAINED · IN THE STATE OF UTAH, OF PUBLIC SAFETY, DRIVER LICENSE DIVISION'S DRIVING RECORD OF THE INDIVIDUAL DESCRIBED BELOW AND DO FURTHER CERTIFY THAT THESE RECORDS ARE KEPT IN THE ORDINARY COURSE OF BUSINESS, AND ARE RECORDS., REPORTS, STATEMENTS OR DATE COMPILATIONS OF MATTERS OBSERVED PURSUANT TO DUTY STATEMENTS OR DATE COMPILATIONS OF MATTERS OBSERVED PURSUANT TO DUTY IMPOSED BY LAW AS TO WHICH MATTERS THIS OFFICE HAS A DUTY TO REPORT.
NAME : Michael George Emack DOB: 12-13-1950
UTAH DRIVER LICENSE: 3322396 EXPIRATI ON DATE: 12-13-2013
DOCUMENTS : Photo (1)
CURRENT STATUS: & Status on 10-06-2004 : VALID .
CONDITIONAL LICENSE (53-3-232)-N/A
ALCOHOL RESTRICTED DRIVER (41 - 6a-530)-N/A
I GNITION INTERLOCK DEVICE (RESTRICTED DRIVER)-N/A
SEE MVR FOR ALL ABEYANCES, 3 YEAR CITATIONS & 10 YEAR DUI OFFENSES.
TOTAL NUMBER OF PAGES I N THIS CERTIFIED RECORD: __ ________ _
I HEREBY CERTIFY THAT I 11M THE CUSTODIAN OF THE RECORDS OF THE DEPARTMENT OF PUBLIC SAFETY, DRIVER LICENSE DIVISION, THAT ALL ENCLOSED DOCUMENTS ARE TRUE, COMPLETE AND CORRECT COPIES AS CONTAINED WITHIN THE FILES OF THIS DEPARTMENT.
Further distribution or discl osure of this record is controlled by State and
Federal Law .
This is Exhibit " .....•. .... " referred to in the affidavit Of ... £.k::.!.? ..... !V!.c..h.d$ swom before me at .... iE!c.l.q.r:.q,c/.Q2 '7fXOiS/ ii iI' e F . a at Brnst Celumbia this (j s .A ... .. day Of .. J .. h.l.'j. ............. 20.W
within the Province of British Columbia
l/k/2M , I
STATE'S i1i EXHIBIT
1-\ (-z.z- 2-olG; = '"
4-9
LICENSE, CLASS: D
State of Utah DEPARTMENT OF PUBLIC SAFElY - DRIVER LICENSE DIVISION
Nannette Rolfe - Director
3322396 TYPE: REN
• Driver Ucense Record -
UTAH - DRIVER LICENSE RECORD
Page: 1
P.O. 60.1-4450,- Salt L.ake Oly. Utah 84114-lS01 • (801) 955-4437
01/0612010
---------- -
5 \ Licens::! Photo History 3322396· MICHAEL GEORGE EMACK 0110612010
Person Demographics Utah Driver License Pho t o Histo
Name: MICHAEL GEORGE EMACK License:3322396 Id Card:
I Current Photo And Signature
Photo Capture Date: 0110312007
Photo Captu re Time: 00 :00
Utah Birth ,Certification
Female Sex of Child
Ru1een Johnson Name of Child
. December 6 , 1987
Salt Lake County of Birth
Da te of Birth
Lydia A Bariow I .. "Maide"n
-,
3Q '·,>". 's
r ''1-'- - . "-c ';" . Utah
,_'" ... - .:. ,'.':e.....
.. -----,.,.-----Fra,rik T ,.
32 f a t her I s Age
>, -","
(,. ... Father', Place of Birth
I • . , -. .
• • · .... ,.7 - .";':. . i • ,
December 14, 1987 Date of Registration
June ' 2S, 2008 Date' Issued
, ,
1987 33876 ' File Number
This is an exact reproduction of the docume'1t in the State Office of Vital Statistics. Securi ty features of this official Intaglio Border, V & A images in top cycloids, ultra violet fibers and hologram Image of the Utah State Seal, over the words "State of Utah". This document displays the date, seal and signature of the State Registrar of Vital Statistics.
Barry E. Nangle State Registrar
UTAH DEPARTMENT OF HEALTH Office of Vital Records & Statistics Salt Lake City, Utah
\ . AFFIDAVIT FOR CORRECTION
This is a legal document. Complete in black ink and do not alter. ANY CHANGES MADE BELOW VOID THIS CERTIFICATE. A NEW CERTIFICATE MUST BE ISSUED TO VALIDATE CHANGES.
All vital records are registered as received. Corrections must be made by affidavit. An item on the birth or death certificate may be corrected by affidavit only once; a coun order will be required for sUbsequent corrections. There is no processing fee for affidavits registered within one year of the date of the event. After one year from the date of the event, there is a fee for filing the affidavit which includes one replacement copy. Arfidavits completed with in 90 days of issuance may be given credit for monies previously paid. (Multiple copies may require an additional fee.)
PLEASE RETURN ALL COPIES WITH ONE COMPLETED AFFIDAVIT WITHIN 90 DAYS FOR REPLACEMENT TO: UTAH DEPT. OF HEALTH. OFFICE OF VITAL RECORDS-AND STATISTICS. POBOX 141012.
SALT LAKE CITY. UT 84114-1012 BIRTH CERTIFICATES 1 Li$t the fact!> CX;,lCtly 1IS stated on the reverse sidc . Opposite each i:cm, correct the infornl;l!ion as it should have been stated at the lime of the bIrth. 2. Who m.1y "Ign Ihg .1llirl;)vll for c:ormr-linno;· If thc person listed on the rc\:ord Is under 18. bom p<1rcntS listed on lhe record. If the person listed on the record IS
, B must sign <.I!' onc of the witnesses, unless mentally Incompetent or physically incapac;t3ted. Parents or othe; older relatives are preferred witnesses lor the second If no father IS IIS\t'!(I on ;Ile record. 1.\n older wlrllivc of the mOlher of legal age may sign. The sign::ltures be nOlari7ftd .
3 rile pwcnt(s) may ,sdd or correct the from the:lt listed on [he record until the child's first birthday without proofs. The first. and/or middle name can be cOllected or added without proofs until the chlld·s sixth birthday
4. If the ctuld is under the of sir <lnd there is no father listed on the record, the child·s surname may be corrected to match the mother's maiden name without documentation.
5. Minor corrections In spe!1ing or parents· information may be corrected anytime. Some corrections may require documentary proof. 6. This affidavit cannot be used to add a father to or correct medical information on a birth cenificate. , DEATH CERTIFICATES 1. If corrections to non medieallnform.:nion orc nOl bemg made by the Funeral Home. the Informant MUST sign (IS a along with an older relative of the
decedent. or another person who is knowledgeable of the fac ts. 2. The medical inform3tion (Cause of Death) may only be correCted tly the certifying physician or the Medical Examiner.
LOCAL FILE NUMBER--o BIRTH o DEATH o STILLBIRTH
STATE FILE NUMBER NAME AS FIRST NAME :lb. MIDDLE NAME : lc. LAST NAME
REPORTED ON . , REVERSE , ,
2a. FACTS EXACTLY AS STATfD ON THE ORIGINAL RECORD lb. CORRECT INFORMATION
STATEMENT OF CORRECTIONS -- ._-- ---.
--
3. WHY tS CHANGE --NECESSARY?
-.---, \ PROOFS USED TO AMEND RECORD
f hereby certify, under penalty of perjury, that I have personal knowledge of the Subscribed Sworn 10 ocfore me this _day of ___ 2D_ above fiJctS cllld th<lt thc informaiion givr.n is true and correct. NOimy Public 5 SIGNIITURF o r WI1NCSS My expires
OATH OF FIRST fiOAi"ESicN-[D --11 ACt" OF WITNESS r. TELEPHONE II OF WITNESS WITNESS S (MUST BE 18
OR OLDER) 9. ADDRESS OF WITNESS (Street. City. State, Zip) E A
10. RELATIONSHIP TO PERSON IN la: Self Parent/Guardian Spouse l Funeral Director Informant Other (Specify)
I hereby certify, under penalty of perjury, that I have personal knowledge of the Subscrlbea & Sworn to me thiS _ 01 _ ___ 20_ above f(lets and that the information given is rrue and correct. Notary Public " . SIGNATURE OF \V1TNES5 My Commission expIres
OATH OF SECOND WITNESS 12. DAlE SIGNED 113. AGE OF WITNESS f4. DAYTIME TELEPHONE (I OF WITNESS
(MUST BE 18 ( I 5 OR OLOER) 15 ADDRESS OF WITNESS (StrCl{J1. City, Statu. Zip) E
A
Hi. RELATIONSHIP TO PERSON IN 13: Sell ParcotlGuNdian Spouse l UDOH-QVRS
REV. 0210fJ FUf\(.'Hlt Dllcc;tor Informant Other (Specrfy)
REGISTRARS USE ONLY: Number of Certificates Replaced: __ Initials: __ Date:
-::T-\..c) . arnage M • R 'd
----- -!!!!!!! -Husband: Father: George Malcom Emack III
Michael George Emack _..0..-. ___ ---Mother:
------- ---Wife: Father: Fredrick Merril Jessop
Ruleen Jessop Naturalfather: Frank Tilton Johnson - - ----Mother: Lydia Ann [Barlow] Steed Jessop
-- - -Marriage Duration: Time and Eternity Performed By: President Warren S. Jeffs as mouth
-- -=---- -----Date: August 5, 2004 Location: Home of President Warren S . .leffs at R17 --- - ---- -== Witnesses: Merril Jessop
. W. Allen Steed Ernest Jessop
_iiiiiiii- _iiiiiiiiiiiiiii-- - ! -
I.e€(\ -:')J 10,(\50 n I'd./ (P I n C. 4-J E 72 v t..tC cAl E-.-".+K....
,-"-,, 0 '..3 CPS PHOTOS
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CPS PHOTOS
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133
July 14, 2008
U:,\ I\lIbITY .I i NtlRTH HLII.TH SUE\n CE:-JTE R", 1',,,, \\:,,,h
* Edll' ,n:"it" I?'""""II' II ['" I H"11 1 C .iI"' "dl l,i >'"l l i, , '
FORENSIC DNA REPORT
Accession Numbers: 08-6704, 08-6784, 08-6785 Agency Case Number: 082503772
To the Attention of: Lisa Tanner Office of the Attorney General 300 W 15'" Street Austin , TX 78701
ITEMS RECEIVED:
Received from Henry Guevara on May 27, 2008:
08-6704.1 Envelope labeled "Ex. #14 .. . Blood Sample Michael George Emack . containing blood tube labeled" ... Emack, Michael George ... " containing liquid
Received from John Schneemann on June 5, 2008:
08-6785.1
RESULTS:
:;;b2:ed "Rule.. J.:.r,ilSCi! deb 7-28-05 "" "" containing a swab package labeled " .. Rulon Johnson ... " containing two swabs
Envelope labeled "Ruleen Johnson Emak .. . " contain ing a swab package labeled " .. Ruleen Johnson .. . " containing two swabs
Human DNA extracted from items 08-6704.1, 08-6784.1 and 08-6785.1 was analyzed for fifteen (15) genetic loci using the Applied Biosystems AmpFISTR Identifi,ler system. The results from this testing are detailed in the accompanying table.
Page 1 of 3
July 14, 2008 Accession Numbers: 08-6704,08-6784,08-6785 Agency Case Number: 082503772 Forensic DNA Report
Locus Item I
D8S1179 D21S11 D7S820 CSF1PO 03$1358 n(l1 0135317 O16S539
08-6785.1 Mother. Ruleen 10,11 28,30 10,12 12,13 15,18 6,9.3 11,13
Johnson
08-6784.1 O1ild: Rulon 10,11 28,28 10,10 10,12 15,16 9.3,9.3 12,13
Johnson 08-6704.1
All eged Father. 11,15 28,30 8,10 9,10 16,19 9.3,9.3 11,12 Michael George
Emack I Locus
Reference Item 0251338 O19S433 vWA TPOX O18S51 D5S818 FGA
08-6785.1 Mother. Ruleen 18,21 12,15 15,18 11 ,11 12,16 12,12 19,20
Johnson
080$784.1 Olild: Rulon 18,23 12,13 17,18 10,11 12,16 12,12 20,22
Johnson
08-6704.1 Alleged Father.
I 18,23 13,15 16,17 10,11 16,16 11,12 20,22 Michael George Emack
CONCLuSiONS:
The alleged father, Michael George Emack, represented by item 08-6704.1, cannot be excluded as the biological father of the chi ld , Rulon Johnson, represented by item 08-6784.1 .
Based on the DNA analysis conducted , at least 99.99997% of the male population is excluded from the possibility of being the biological father of the child, Rulon Johnson.
The observed genetic results are 2.995.000 times more likely under the scenario that Michael George Emack is the true biological father of the chi ld Rulon Johnson than if the father is an untested, unrelated random man from the Caucasian population.
The probabilrty of paternity is 99.99996% (Prior Probability of 0.50) as compared to an untested. randomly chosen person of the Caucasian population.
Page 2 of 3
9,11
11 ,13
12,13
Ame/
x,X
x,y
x,y
•
July 14, 2008 Accession Numbers: 08-6704, 08-6784, 08-6785 Agency Case Number: 082503772 Forensic DNA Report
The observed genetic results are 4.156.000 times more likely under the scenario that Michael George Emack is the true biological father of the child Rulon Johnson than if the father is an untested, unrelated random man from the African American population.
The probability of paternity is 99,99997% (Prior Probability of 0.50) as compared to an untested, randomly chosen person of the African American population.
The observed genetic results are 60.260.000 times more likely under the scenario that Michael George Emack is the true biological father of the child Rulon Johnson than if the father is an untested, unrelated random man from the Southwestern Hispanic population.
The probability of paternity is 99.999998% (Prior Probability of 0.50) as compared to an untested, randomly chosen person of the Southwestern Hispanic population.
Statistica l calculations are based on allele frequency data for the relevant populations as presented in Budowle B, Moretti TR, Baumstark AL, Defenbaugh DA, Keys KM. Population Data on the Thirteen CODIS Core Short Tandem Repeat Loci in African Americans, U.S. Caucasians, Hispanics, Bahamians, Jamaicans, and Trinidadians. J Forensic Sci 1999;44(6):1277-1286. Allele frequency data for D2S1338 and D19S433 was obtained from Budowle B, Collins PJ, Dimsoski p, Ganong CK et al. Population Data on the STR Loci D2S1338 and D19S433. FSC 2001 ;3(3).
All evidence will be returned to the submitting agency unless otherwise instructed.
In the event that you have any further questions, please feel free to contact the laboratory at (817) 735-2645.
The above is the opinion of the undersigned, and this report shall not be reproduced without written or verbal permission.
Sincerely,
. .I
Y'G'if1V Farah Plopper Forensic Analyst UNT Center for Human Identification
END OF REPORT
Page 3 of 3
. - () 0 ({VVi f 2:}i Amy Forensic Analyst UNT Center for Human Identification
•
Th' . Exh·b·t· £ ..... ed . IS IS I I .......... to In the affidavit of ... ..... N..!."(.h..(d.!? swornbeforemeat. .. E../dCi.ICc...do Texas, u s fJ . iii the PFsliRee ef OritiSA C9iuRibia this ./ .H.:?0.day ofI0JY. .........• 20.1..0 ...........
A Commissioner for taking Affidavits -tor G{se within the Province of British Columbia
Eval. Ross Barrister and Solicitor
Ministry of Attorney General 1301 - 865 Hornby Street
vancouver, B.C. V6Z 2G3 (604) 660-3093
0 1
CASE No. 993 COUNT SINGLE INCIDENT No.lTRN: 9131753701
THE STATE OF TEXAS
v.
MICHAEL EMACK
STATE ID No.: TX08213405
§ § § § § § §
IN THE 51ST DISTRICT
COURT
SCHLEICHER COUNTY, TEXAS
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Judge Presiding:
Attorn ey for State:
HON. BARBARA L.WALTHER
ERIC NICHOLS, ANGELA GOODWIN, STEPHEN LUPTON
Offense for which Defendant Convicted: Sexual Assault of a Child Charging Instrument: INDICTMENT Date of Offense: 10/6/2004 Degree of Offense: 2ND DEGREE FELONY T erm s of Plea Bargain:
Date Judgment Entered:
Attorney for Defendant:
January 22, 2010
RANDY WILSON, BRANDON HUDSON, DONALD PAYNE
Statute for Offense: 22.01l(a)(2) Penal Code
Plea to Offense: Findings on Deadly Weapon: NOLO CONTENDERE N/A
SEVEN (7) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Plea to 1St Enhancement Paragraph: Findings on 15t Enhancement Paragraph:
N/A
N/A
Plea to 2nd EnhancementiHabitual Paragraph: Findings on 2nd EnhancementlHabitual Paragraph:
N/A
N/A Date Sentence Imposed: 1122/2010 Date Sentence to Commence: 1122/2010 Punishment and Place of Confinement: Seven (7) YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
o SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
$N/A
Court Costs:
$ See Attached Bill Of Costs
Restitution:
$N/A
Restitution Payable to: D VICTIM (See Attached Waiver and Stipulation of Evidence) D AGENCYIAGENT (See Attached Waiver and Stipulation
Sex Offender Registration Requirements apply to the Defendant. TEX. CODE CRIM. PRoe. chapter 62
The age of the victim at the time of the offense was younger than 17 years.
Time Credited:
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. From 7/28/2008 to 8/612008 From 1122/2010 to 112212010 From to
Froro to From to From to
TfDefendant is to serve sentence in county iail Dr is given credit toward fine and cost..c:;, enter days credited below.
N/A DAYS NOTES: N/A All pertinent inConDa.tioD. Dames and assessments indicated above are incorporated into the language of the judgment below by r eference.
This cause was called for trial in Tom Green County, Texas. The State appeared by her District Attorney. Counsel/Waiver of Counsel <select one)
r:;<'J Defendant appeared in person with Counsel. o Defendant knowingly. intelligently, and voluntarily waived the right to representation by counsel in writinb in open court.
993 Schleicher County Michacl Emack - Judr;;ment Paroe lor 2
Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Options (select one) [2J Confine:ment in State Jailor Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the District Clerk. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. o County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of County, Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
03
o Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the County. Once there, the Court ORDERS Defendant to payor make arrangements to pay all fines and court costs as ordered by the Court in this cause.
Execution I Suspension of Sentence <select one) The Court ORDERS Defendant's sentence EXECUTED. o The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore, the following special findings or orders apply:
The Court ORDERS Defendant to apply for an original or renewed Texas Driver's License or personal identification certificate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public Safety (DPS). The Court further ORDERS Defendant to annually renew the license of certificate. The DPS shall place an indication on the Defendant's driver's license or personal identification certificate that the Defendant is subject to the sex offender registration requirements. The Court ORDERS the clerk of the Court to send a copy of this order to the DPS and to Defendant. TEX. CODE CRIM. PROC. Art. 42.016.
RENDERED and ENTERED on January 22, 2010, but SIGNED this day Of_-'-<f-iz-'--"--'Sc.,),...J'--'-O"'----
BARBARA L. WALTHER JUDGE PRESIDING
993 Schleicher County Michacl Emack· Page2o£ 2
DISTRlCT COURTS OF SCHLEICHER COUNTY
TIlE STATE OF TEXAS
VS .
MICHAEL EMACK
DEPUTY SHERIFF/ BAILIFF COUNTY
NO. 993
IN TIlE DISTRlCT COURT OF
SCHLEICHER COUNTY, TEXAS
ATTACHMENT TO JUDGMENT DATED I" ...,2,.,2"-"::...t""O'--__ _
FINGERPRlNT OF DEFENDANT RIGHTTHl)MB
This is Exhibit • .. E .. · referred to in the affidavit of ... Er:[( .... Jt/./t..h.d:'? sworn before me at Iii tile PIOvlllC€ of BlllIS" Columbia this .7"!!2day ............. 20.10 ............... ......................... .
A Commissioner for taking Affidavits within the Province of British Columbia
Eval. Ross Barrister and Solicitor
Ministry of Attorney General 1301 - 865 Hornby Street
Va 8 c. V6Z 2G3 (604) 660-3093
I 188 . . ' -..r.- u FeOERA L SECURITY CERTI FICATE STAn:. "'ILI: NO--: OS . """ aI-I e HUI,.TH .«"VleI: OF LIVE BIRTH
DIRTH NO. 143 UTAH fIlCOISTRA"" , ,.,.0. '""Ir..I1 r.:. -1. PLACE OF BIRTH .. USUAL RESIDENCE OF MOTHER(U"berc &a L,-c.1)
• • C'...ot..n-'TY S,.) 't, i t: ;(' (.1. 1. STATE b. COUNTY Ti 1 L ::::a' i • ... k '"
h. ClTY (U ouulOk l1:Uu • ..nle Jl.UilAl) c. CITY ( U U:UtI, lUlRAL) Salt Lake Ci ty ,g:" Salt Lake Ci t"r
'" 8: c:iv.: 'U'UI 1oC!d.rcn..p! i.£' 7C' (II """. !:.C '3T L'''STITUtlOS t . ..... _ :m1.. {"1 Si; .
1. CHILO'S NAM E '.:l C· ( M iJJlr) c. (Lut) (T ,p. .r ;.0-1 .. 1) Geor ge Fmack
• I h. T HIS BIRTH I fb . If TWTN OR TRIPLET 16. DATE (0, ,.) <,'ur} . ' ..:. f; rJ nvt.'O 0 TIUPUT 0 , .. 1:J ' '''' 0 ... ·,·C. , I?:; :
FATHER OF CHILD 7. FUll b. ( M IJdIe) c. (Lui)
Fmack ,,"cute I J , 01\ RAa I _ .. l.!alcol:n , -- .. . •
1
-.. ACE (Al "'H.r::.o 01 d ... bir.b) 10. <,£It7 1::.d 1CC'C.!Cl' Ih. I lib. 10:.110 0 bk INDL'SnY 1 .. .:J .... l .h !.l . 1, .. l . .. .! n ... .... ::; 8 1 L'
MOTHER OF CHILD
il , ;1 11 i , j I ,
1:. FUI.I. MAIDEN NAME . '"m'Ju. ,. <.o r .. f Jel
Ac e d al& birth), II!: and SUl e. <w I_ I", I'!;; . .. yE. ... RS r ! a!l E: n J • V • I Ge.
17. INFORMANrS NAM E A N D ADDRESS ; br:.he i iI) ... .sc:'a t \, (.' ., - .... ..... .. - .
c. (WII) Scbet ek I) . COLOR. Oil MCE
16. p n:¥'l O\l.l ,. bo.m 'Ill thh (D.! NOT illclulk t.!:r. i. c!lild) a. Ho. IDoJllr OTHER b. H- oruER. (bol. G. Hnw CUll7
I I\! .. 111" ,,.. .. '" '1lUbom (bor:l If!t.r io:;' 2 now ! "\ _ . : 0 .. plTr..anC7Ji
Ibnt:. - . ... AlTl. ... "M"T AT BIRni J CERTIFY n r .... T
• 0 .. 0 MID\I.·IPe 0 =, T HIS QULD WAS BOA.'l .".UVZ ON TH< o .... '!"!: ST AnD .... DOP.f:S3 DATe
AT '": .. ''' • I-. t:.!. J. ? .sa.; t S 'H:1.h 1 C"l tJ 1 - .I • • !:.oLe . j.9 t.c . l ? :.(' . . t? DATE REC"D BY LOCAL : :). RfGISTIV\R.1J SICN.-\n11lE . ll . DATe oS' "''HICK c rvVl NAME "ODED
OEe 22 1950""· ! .... . _ I.,: ... :;; . ' . Dr .-. fRIT..!:ul
DATE ISSUED i STATE'S EXHIBIT j.....
3 .... '\'\l'
JUN 25 2008
This Is lin exact reproduction of Inc document reg istered In the Sta la Offlco of Vito I Statistics. Security fcoturos 01 th is officia l document Include: Inl3gll0 Border, V & R Im.,gcs In top eyelaids, ultra vi ole t f ibers nnd hologram image of the Utah State Seal. over the words MStotc of Utah" . This document d isplays the dale. seal and slgnaturo of the Slate Reg istrar of Vilol Statistics.
Barry E. Nangle Slate Registrar
UTAH DEPARTMENT OF HEALT11 OWee of Vital Rccords & Statist ics Sa lt Lake Clly. Ulah
00
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State 01 Utah County of Sail Lake
I, the undersigned Couni; Clerk, do hareby 'c&it,lfy t.hl\t th e
, annexed and foregQing is t\ue,anG luli copy of an orlgirial docu,men! or, lile In my ,office, • '
Witness, my otsaio , ", ' c .no.
I ,' , SI;IE EN CL RK .'
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...-.owo ICWI '1IlOoII J.Da &MIHQI" 'UtU 'J.JWIOO "MNrQI. 'WU 'MUQOI 'J.1oIIl 010 'IIaI'M\I1GCIWt -'TYW NI .-aHO "aJ.\IOCI.MoU. NO mKWoNH .I.lo\IM.:u.-a. CHi7'IMICICW • UW v;au.o....,. ...., %W't"N'tI' Cl1iIO. CDlIh'.a'O ON U)IIf aNd.MJ WJ.'tIO tHllWII HIIoW ." CiLLW (HI MlWI'II "»NW ...... au .,...., '1W:) ('Q.I..L'I'HM III TIW
Hasbaad's Full
StreelAdd .....
Date or Birtb
Wife's Full Name
Date or Blrtb
Wife's Father's Full Name
Wife's Motber's Maiden Name
Bishop's Record Family Group Sheet
Use sa . rate sheet for each wife
List only the children livin!!: in your home
# "tr Children Dak orBlrtb Place or Birtb
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Bishop's Record Family Group Sheet
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# .. I, Children Date or Birth Place or Birth
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Street Address
Date of Birth /). - /
Husha.d's Fatber's Full Name
Wife's FuU Name
Date of Birth
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Wife's Motber's Maiden Name
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t: /VI a (;-1<:. Mother:
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A lice. /'1 tI.e. t-! a VVI WI on Mother:
Alice. Bt7;'-!ow Marriage p +- f2 It /. Performed By: r 0 ph e u On •
Duration:('flme and Eterni0
Date: Dc.f...o be r- :2. <f I f q? t I Location: R, r. ;;, 'ResiJel1a, Hddllle! c..I+qt, Witnesses: Panie I Bav-fo",", Sr-, NOrl"ee'l 1/, veUf
>al-/2 h "'. e-"" tZ(.. Ie L eli a g. ;;".., a- c. k Ge.t!>t"',Je MaN",,. k@=7ck. ) e (Car"",o .. d r;...,= k:f!=(J.
Instructions for filling out the Marriage Record 1. Full name of husband. wife. and the parents at the time of the marriage sealing.
If, at the time of the marriage sealing, the natural father of either husband or wife is different from the Priesthood father, please give both names in full. Or if the father of husband or wife is deceased and there is a stepfather, please give both names if full.
2. Marriage performed by: The name of whoever was mouth for the sealing. 3. Duration: Circle either Time and Eternity or Time Only.
Specify if it is a resealing. 4. Witnesses: Two or three Priesthood bearers that were eye-witnesses.
Note: If there is an original sealing and a resealing performed during the administration of President Jeffs, please fill out a Marriage Record sheet for each sealing.
Tuesday, January 6, 2004 9:25 a.m. Dictation
My last dictation was Saturday morning on my way from RI to RI7 with the family. We drove from Rl to RI7 from 8:00 a.m. in the morning Saturday until around 1 :00 a.m. in the morning Sunday morning. I had Naomie bring her computer speakers so that I could have the people at R 17 hear what I said at the Saturday meeting by telephone. I have had much contemplation of all these events and preparations, yearning for Zion and yeaming to know who from among our Priesthood people is Zion, prepared for the redemption of Zion; and how very few there are that are truly prepared, able to receive the knowledge of God in its fu1ness, but with the Lord's help I will go forward. I love God the Eternal Father most. Whatever He requires me to go through I yearn to do so through His strength with rejoicing. I worship and follow a God who has all power, a God of miracles, and He works among His children according to their faith. We must first trust in Him to earn His blessings of this life and the life to come, and the eternal blessings earned in this life to benefit us here and in the life to come. I fear no man. I yearn for this people. I pray the Lord to guide my words in all I do, even this dictation to be His truths.
I drove the lead vehicle with Naomie in the car so I could be alone with my scribe to dictate and so that I could receive phone calls and take care of h", ine« "no prenare for what be done this week. And I took many phone call appointments and settled many issues on the way to Rl7 through Saturday. In talking to some family members in Short Creek by phone, I could see they were shaken and very concerned about being prepared in time, as they were realizing that Uncle Fred would not be the Bishop. And many are praying more fervently than they ever have to prepare.
I had Ben Johnson drive the motor home, Nephi Jeffs with Mike Emack were in the pickup with the trailer. The weather improved as we got further south. I later learned that the stonny weather followed behind us and we were favored with better and even clear weather most of the way.
On the way I got a phone call, that Nephi's one-year-old boy, Enoch's son, Nephi's stepson, swallowed something and stopped breathing. They rushed him to the hospital. The next report I received by phone was that he was okay and was released.
I had Isaac leave the day before with my daughter Lenora and ladies Paula, Gladys, and Carla, and also LeRoy's wife Sally. Because we were stuck in the snow at RI, I had them stay overnight in Albuquerque in a motel and wait for us. So we made our rendevous and met with Isaac and those ladies around 2:00 o'clock p.m. in the afternoon Saturday in Albuquerque. I had my daughter Lenora and wife Annette get in the lead vehicle with me and Naomie and the other ladies get in the motor home, and we traveled in that arrangement to SantaRosa; and I gave Lenora the training of the places of refuge and had three revelatioris read of September 17, 2003, October 23,2003, and December 1,2003. She dec1aredshe believed and also entered into the covenant of keeping these sacred and secret and to live the fulness of the United Order.
As we arrived in Albuquerque, I got another phone call from Rich Allred from Short Creek, my phone answerer there at the Jeffs' property. He said that Nephi's one-year-old boy, Daniel, through Mary, Enoch's son, Nephi's stepson, had passed away, that on the way back from the hospital to Short Creek the boy stopped breathing. They rushed him to the fire department in Hurricane who rushed him to the hospital and the M f rT'rmr'l1lnr.p<i thp So T arranged for Nephi to drive the vehicle Isaac had brought back to Short Creek to be with his family and Isaac and Mike Emack were in the pickUp and trailer to go to R17. Nephi told me by phone that right north of Albuquerque he met stormy, snowy weather, snow packed roads most of the way, showing us how the Lord had favored us with the weather we needed to travel with all those people.
As we fueled up at SantaRosa, I had Isaac be the lead car with the truck and trailer. I drove the motor home. Mike Emack and Ben Johnson had been up all night. They took turns resting and driving behind me with the white Ford Explorer, Nephi's car. The motor home had a sweet spirit in it. The Lord has just been hastening me, and I have
Tuesday, January 6,2004 Page 8 Record of President Warren Jeffs
18
been on the Lord's schedule through all of this . I didn't tell the ladies or children where we were going until we got there. But they could see that we were going further south than that state.
We arrived at RI7 around 1 :00 a.lIl. in the morning, early Sunday morning. I intended to leave the motor home to be part of the living quarters. I assigned Sally the back room, and Monica and some of her children the front of the motor home, and arranged a boys room and the girls in the living room, Annette and Lenora and children in a room and Mother Gloria, father's wife, in a bedroom. We had our kneel down thank you prayer at that time. I said I would be there Sunday to have a meeting. And I and NaolIlie, in one car, and Isaac and Mother Jennifer and Mike Emack in the truck, traveled to SanAngelo and stayed in a motel.
I went through the heavenly session there in the motel room, was directed to do certain things, hold a meeting at 10:30 a.m. R I time and be gone in the afternoon to go back to R I to establish our training sessions there.
At 10:30 a.m. I arrived, dressed in my Sunday clothes, and we held a meeting from 10:30 a.m. until I :00 o'clock p.m. Merril Jessop and Allen Steed bore their testimony in support of this project and mission. I then gave a strong training, which included a reading of the revelation December 24, 2003, about certain men not holding Priesthood. All present received the revelation and the training as the word of the Lord. They were trained about the marred servant and how they had a living example at RI, wherein the Lord renewed strength in a heavenly way. That they were not left without an example that it could be done.
I changed, intending to leave right away. I met with Ernest Jessop, the appointed presiding Elder for now at R17, with Merril Jessop and Joseph Steed. I handed Joseph Steed and Merril Jessop $20,000 to start the farming project and Ernest a couple of thousand extra. All gave their reports. There they informed me that the east neighbor had been over by the fence line watching all these families the day before and this morning, Sunday morning, and I was alarmed that we had been so careless in not hiding away these people. So I directed Ernest to move most of the people back
into the trees. Move the trailer houses and motor home and tents as a priority of protection. I told them I would send David Allred to talk to the neighbor and just explain the families of laborers were there to build a couple oflodges, or houses.
I then took the time to drive with Allen Steed, Merril Jessop, Joseph Steed, Ernest and Mike Emack up the road to where the water system will be established, to look at the house locations, and the orchard and garden locations. The discussion on the present condition was made declaring that in many places the distance from the well to the proposed site of the water tank, there was only a couple of feet at most oftopsoil and the limestone below that was so hard, it was like glass as they tried to scrape it. It wouldn't break through. They expressed their thoughts on how to deal with the present condition. I felt an alarm as I listened to them, as we drove back -- kind of a light-minded talk, especially with Allen Steed, discussion between the brethren -- how people do when they take a present condition without a living faith. Merril Jessop was most fervent in his expressions of faith, saying he knew the soils could be renewed. Others just said the soil is weak.
When I returned back to the main house, with me ready to go, Allen Steed then asked, "Do you want us to get dynamite? That is where I was awakened to the fact that these men were receiving this test as it was, "Or should they get hammer drills, or attachments for the backhoes? They declared how slow going it would be and take much time to build this water system and dig the pipelines. I could see everyone was approaching this whole project with the attitude of how things are done in this earth today, and my simple answer after hearing it all was, "The Lord showed me He would soften the rock if we would be faithful." And they went on talking about what to bring and what to do.
I told Joseph Steed, Merril Jessop, and Allen Steed to go back to Short Creek and bring what they needed to do their work. And a yearning feeling came over me, for I knew the Lord had sent me on this project, directed these lands to be purchased, and it is a land to be conquered and not by the power of mere mortal strength or wisdom or tools or abilities. I felt an alarm that these men were approaching this whole thing according to
Record of President Warren Jeffs Page 9 Tuesday, January 6. 2004
19
Marrialle 11 Husband: Father: George Malcom Emack ill
Michael George Emack Mother:
Wife: Father: Fredrick Merril Jessop
Ruleen Jessop Natural father: Frank Tilton Johnson
Mother: Lydia Ann [Barlow] Steed Jessop
Marriage President Warren S. Jeffs as mouth
Duration: Time and Eternity Performed By:
--
Date: August 5, 2004 Location: Home of President Warren S. Jeffs at R17
Witnesses: Merril Jessop W. Allen Steed Ernest Jessop
C(5
' .
Saturday, August 7, 2004 Rl
Saturday. August 7, 2004 Page 64 Record ofPresidcDtWarren Jeffs
81 I.
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, ,
Saturday, AUJ?:ust 7, 2004
August and at 9:00 o'clock p.m. I was meeting with Merril Jessop, his daughter RuIeen and her mother, his wife Lydia. She entered mto the covenants to help in the establishment of Zion and to live the fulness of the United Order. Then I informed her that the Lord wanted married to Mike Emack.
dining room and give them a training. But when 8:00 o'clock p.m. came I was stopped, the Lord stopped me. Then these men showed up and I simply said, '"You two come back and be witnesses." So at 9:00 a 'clock p.m. there was present Merril Jessop, Allen Steed, Ernest Jessop as witnesses with my scribe and Lydia the mother, and there RuIeen Jessop was sealed to Michael
Page 68 Record of President Warren Jeffs
82
George Emack for time and all eternity, in my office, the Lord doing it through Priesthood and· the Spirit of God, and Mike Emack was just happy and chipper and bubbly, very encouraged. I told him he could no! tell his family in Short Creek because what takes place on the lands of refuge is sacred and secret, and he understood, and I ·had Ernest Jessop find an apartment for them.
Record of President Warren Jeffs Page 69 Saturday, August 7,2004
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Ut ah Birth Certification
Female Sex of
Ruleen Johnson Nama of Child
December 6 , 1 987 Date of Birth
Salt Lake County of Birth
Lydia A Barl ow Mother 's Maid en Name
30 Mother' s Age
utah Mother's Place of Birth
---------------------------------------------------
32 Father'S Age
Frank T Johnson Fa ther I s Name
Arizon a Fathe r's Place of Bi r th
---------------------------------------------------December 14 , 1 98 7
Date o f Registr ation
June 25 , 2 008 Date Issued
"
1 987 33876 File Number
This is an exact reproduction of the document registered in the State Office of Vital Statistics. Security features of this official document include: Intaglio Border, V & A images In top cyclolds, ultra violet fibers and hologram image of the Utah State Seal. over the words of Utah N
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This document displays the date. seal and signature Of the State RegIstrar or Vital Statistics . '-
UTAH OEPARTMENT OF HEALTH Office of Vital Recorda & Stltlstles Salt Lake City, Utah
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Father's Family Information Sheet Bishop's Record
RU out for all your"famiIY as a rsrxxt to the BIshoP. Name Relallonshlp
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Sarah Hammon DOB: "(811956
Married: 71301197401 Ula/\ UIah U<:<nse No. A 4029 Father: J . Marion Hammon Mother. Alice Barlow
Michael George Emack FLDS Elder
DOB: 12/13/1950 Blood drawn on 419/2008
Father: George Malcom Emack III Mother: Martha Lilly Schatek
Cella Ann Barlow DOB: 4/2711965 Married: 8/17/198510 Ulah
Father: Daniel Barlow Mother: Dorthea Marie Mills
Ann Marfe Emack DOB: 81611987
POB: Hildale, Utah
Ruth Emack DOB; 1Oni1988
POB: Hildale, Utah
"'"' 0t0fVt Emldl J 008: 1211311991
POB: Hilda". Utah
Nolly Emack DOS: 11117/1996
POS: Hildale, Utah
Marla Emick OOS: 212211999
POB: Hiidale. Utah
Johanna Emack DOS: 8130/200 1
POB; Hildale, Utah
Malvina Emick OOS: Unknown POB: unknown
Alice Mae Hammon 008: 3128/1951 Married: 10124/199610
Father: J. M. Hammon Mother. Alice Barlow
Current as of AprilS, 2010
Ruleen John.on Jessop oos: 121611987 Married: 8/512004 al R 17
Father: Frank Tittoo Johnson Mother. lyda Am Bar10w Steed Jessop
Fredckk Melril Jessop
Rulon IIkhatI Johnson 008: 712912005
Samantha ;Johnson 008; 12120/2007
This is Exhibit • .. G ... · referred to 10 tne affidavit of .. .G.J:.:ic:.. .... !JI.ic.:ht!.!..<;;. sworn before me at .c;.Id.a.r <?c.d OJ Texas, LI S ./} . 10 the Province of British Columbia this
.. .7!!'..day of .. I..v.J'j.. ........ 20./?J
............ .................. .............. . A Commissioner for taking Affidavits
within the Province of British Columbia
Eval. ROSS . sarrister and
. . 'N of Attorney __ Nbn'S", 86S Hornby
1301 - C V6Z 2<33 VanCOuver. .. nQ3
CASE NO. 998 COUNT Single INCIDENT No.lTRN: 9131753701
THE STATE OF TExAs
v.
MITCHAELGEORGEEMACK
STATE ID No.: TX08213405
§ § § § § § §
IN THE 51ST DISTRICT
COURT
SCHLEICHER COUNTY, TEXAS
JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
Judge Presiding: HON. BARBARA L. WALTHER Date Judgment Entered: 4115/2010
Attorney for State: ERIC NICHOLS/STEPHEN LUPTON
Attomeyfor Defendant:
RANDY WILSONIBRANDON HUDSON
Offense for which Defendant Convicted: BIGAMY Charging Instrument: INDICTMENT Date of Offense: 4/8/2008 Degree of Offense: 3RD DEGREE FELONY Terms of Plea Bargain:
Statute for Offense: 25.01 Penal Code
Plea to Offense: NOLO CONTENDERE
Findings on Deadly Weapon: N/A
SEVEN (7) YEARS CONFINEMENT IN THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Plea to l at Enhancement Paragraph: Findings on In Enhancement Paragraph:
N/A
N/A
Plea to 2nd EnhancementIHabitual Paragraph: Findings on 2nd
·EohancementIHabitual Paragrapb:
N/A
N/A Date Sentence Imposed: 4/15/2010 Date Sentence to Commence: 4115/2010 Punishment and Place of Confinement: Seven (7) YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY. o SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A
sN/A
Court Costs:
$ See Attached Bill Of Costs
Restitution:
$N/A
Restitution Payable to: · o VICTIM (See Attached Waiver and Stipulation of Evidence) o AGENCY/AGENT (See Attached Waiver and Stipulation
Sex Offender Registration Requirements do not apply to the Defendant. True CODE CRIM. FROC. chapter 62
The age "fthe victim at the time ofthe offense was N/A .
Time Credited:
IfDgfendant ill to serve Ilen\;(mge jn TDCJ entc:r incarceration periodll in chronological order From 8/2212008 to 8122/2008 From 112212010 to 4115/2010 From to
From to From to r'rom '0 IfDefondllnt js to Born sentence in county jail at' is given credit toward fine and costs enter days credited below
N/A DAYS NOTES: N/A All pertinent information, names and a,ses:rm.ent, indicated above arll incorporated into tho IUnCl'llG"a ortho judcment bolow by reference.
This cause was called for trial in Tom Green County, Texas. The State appeared by her District AttoI'Iley. Counsel/Waiver ofCouDsel <select one) .
t8l Defendant appeared in person with Counsel. o Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above.
The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to
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stand trial} made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it of record. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.
The Court FINDS Defendant committed the above offense and ORDERS. ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if 80 ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.
Punishment Options (select one) 181 Confinement in State Jail or Institutional Division. The COUIt ORDERS the authorued agent of the State of Texas or the Sheriff ofthia County to take, sa,£:ely cOllvey, and delivel' Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be con1i.ned for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the District Clerk. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay. any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of County, Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D Fine Only Payment. Tbe punishment assessed against Defendant is· for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the County Distdct Clerk. Once there, the Court ORDERS Defendant to payor make 8.lTaDgements to pay nIl fines and court costs as ordered by the Court in this cause.
Execution I Suspension of Sentence <select one) The Court ORDERS Defendant's sentence EXECUTED. o The Court ORDERS Defendant's sentence of con1i.nement SUSPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of ::ommunity supervision. The order setting forth the terms and conditions of community supervision is incorporated into this iudgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcel·ated.
Furthermore. the following special findings or orders apply:
RENDERED and ENTERED on April 1:;, 2010, but SIGNED this day of_v-,-,I'-.2f_/.:.../G __ _
BARBARA L. WALTHER JUDGE PRESIDING
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Cause# q9R
TIlE STA1E OF 1EXAS VS. .
Attachment to Judgement Dated tt -11"-10
Fingerprint of Defendant Right Thlimb
Deputy
County Sheriff's Office .
IN THE DISTRICT COURT SCHLEICHER COUNTY 51ST nmrCIAL DISTRlCT