James Joseph Watts v. State ( 2015 )

ORIGINAT FPa r::o
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NO. 22,781 2015 FEB 2'" p·
FILED IN
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6th J OFN2:f2
APPEALS
STATE OF TEXAS § IN THE DISTRICJr,````L u;c,:-w~TEXAS
TEXARKANA,
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5/12/2015
vs. § 354tb JUDJCIAL'1DI§!_~CT ~
DEBBIE AUTREY
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§ . Clerk
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JAMES JOSEPH WATTS § HUNT COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes James Joseph Watts, Defendant in the above styled and numbered cause, and
gives this written notice of appeal to the 6th District Court of Appeals of the State of Texas from
the judgment of conviction and sentence herein rendered against James Joseph Watts.
Respectfully submitted,
Law Office ofToby C. Wilkinson P.C.
2815 Wesley St.
P.O. Box 324
Greenville, TX 75403-0324
Tel: (903) 454-6096
Fax: (903) 454-0446
By:-=-``~c~v.)``~==---
Toby C.
State B o. 21497300 f
leegull4 u@hotmail.com i....
Attorney for James Joseph Watts l~
CERTIFICATE OF SERVICE
This is to certify that on February 25, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Hunt County, Texas, by hand
delivery.
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CASE No. 22781
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COUNT 1
INCIDEl\TT No./TRN: 9087913265 A001 /8 }O/j"
THE STATE OF TEXAS §
§
IN THE ``"~
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§ OF HUNT COUNTY, TEXAS Co.. ~
JAMES JOSEPH WATTS §
§
STATE ID No.: TX 06074124 § 354TH JUDICIAL DISTRICT
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, RICHARD A. BEACOM, JR. , Judge of the trial court certify this criminal case:
2f' is not a plea bargain case, and the defendant has the right of appeal; or
0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and not
withdrawn or waived and the defendant has the right of appeal; or
0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the right to
appeal; or
0 is a plea bargain case, and the defendant has NO right of appeal; or
0 the defendant has waived the right of appeal.
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Signed on 02·18·2015.
354m JUDICIAL DISTRICT COURT
I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this
criminal case, including any right to file a prose petition for discretionary review pursuant to Rule 68 ofthe Texas Rules of
Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals' judgment and
opinion to my last known address and I have only thirty (30) days in which to file a prose petition for discretionary review in
the court of appeals. TEX. R. APP. PRO. R. 68.2. I acknowledge that, if 1 wish to appeal this case and if I am entitled to do so, it
is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently
living or any change in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my
appella attorney of any change in my address, 1 may lose the opportu ity to file a pr petitio for discretionary review.
At
Mailing Address: 5Jstej rm 5J;). Mk SBN: -----"-1~.-1..1l-'D``::::....:...c\l~t....::3:......_._____
37 Tex. 337, 339-340
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CERTIFICATE OF PRESENTMENT
By signature above, I hereby certify that a true and correct copy of the above and
foregoing has been hand-delivered to the Office for the 354th Judicial District Court of Hunt
County, on this day, March 17,2015.
CERTIFICATE OF SERVICE
This is to certify that on March 17,2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Hunt County, Texas, by hand
delivery.
AFFIDAVIT
BEFORE ME, the undersigned authority, appeared Toby C. Wilkinson, who after being
duly sworn by me stated the following under oath:
"My name is Toby C. Wilkinson. I am the attorney for James Joseph Watts in this
cause. I am over the age of 18 years, have never been convicted of a felony, and am competent
to make this affidavit.
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority,
this fZih day of ll7McA ~201-.
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r::::`````````` NOtaJ;Ub1iC, State ofTexas
~···``:"!'··~ KRISTEN MOORE
J*o;.~··A··~;\ Notary Public. State of Texos
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,.,....,,\: October 31. 201 7
(1872-73), the Supreme Court, which at that time had criminal jurisdiction, held:
... The discretion of the District Court, in granting new trials, is almost the only
protection to the citizen against the illegal or oppressive verdicts of prejudiced,
careless, or ignorant juries, and we think the District Court should never hesitate
to use that discretion whenever the ends of justice have not been attained by those
verdicts.
State v. Gonzalez. 855 S.W.2d 692 (Tex. Crim. App. 1993).
5. For the foregoing reasons, and for such other reasons that may arise on the
hearing of this Motion, Defendant requests a new trial.
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WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside
the judgment of conviction entered in this cause and order a new trial on the merits.
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Respectfully submitted,
Law Office of Toby C. Wilkinson P.C.
2815 Wesley St.
P.O. Box 324
Greenville, TX 75403-0324 I
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Tel: (903) 454-6096 t
Fax: (903) 454-0446
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By:cd
Toby C.
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State B
leegull4u@hotmail.com
Attorney for James Joseph Watts
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