Henry Earl Randle v. State ( 2015 )

ACCEPTED
12-15-00240-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/27/2015 12:04:03 PM
Pam Estes
CLERK
IN THE COURT OF APPEALS
TWELFTH APPELLATE DIVISION
STATE OF TEXAS
FILED IN
12th COURT OF APPEALS
HENRY EARL RANDLE, § TYLER, TEXAS
APPELLANT § 10/27/2015 12:04:03 PM
§ PAM ESTES
v. § No. Clerk
12-15-00240-CR
§ No. 12-15-00241-CR
THE STATE OF TEXAS, §
APPELLEE §
___________________________________________________
APPELLANT’S BRIEF
___________________________________________________
On appeal from Cause Number F1320287 & F1320014
in the 145th District Court, Nacogdoches County, Texas
Honorable Judge Campbell Cox Presiding
Respectfully submitted,
Dean Watts
Attorney for Appellant
SBN # 24003143
120 East Pilar Street
Nacogdoches, Texas 75961
(936) 559-9288
Fax (936) 559-0959
Identity of Parties & Counsel
Appellant ......................................................... Henry Earl Randle
Seth Johnson
TRIAL COUNSEL
Dean Watts
APPELLATE COUNSEL
Appellee ........................................................... The State of Texas
Nicole Lostracco
TRIAL & APPELLATE COUNSEL
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Table of Contents
Identity of Parties & Counsel i
Index of Authorities iii
Statement of the Case 1
Issue Presented n/a
Statement of Facts 1
Summary of the Argument 1
Argument 2
Prayer for Relief 2
Certificate of Service 3
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Index of Authorities
Case Law:
Anders v. California, 386 U.S. 738 (1967) 2
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To the Honorable Justices of the Court of Appeals:
COMES NOW the Appellant in this cause, by and through his attorney of record,
Dean Watts, and pursuant of the provisions of TEX.R.APP.PRO. 38, et seq., files this
brief on appeal.
Statement of the Case
Appellant entered a plea of guilty to state jail felony theft in cause number
F1320287 and to a separate state jail felony theft in cause number F1320014 on August 7,
2015 (Vol 2, p 9). On the same day, the Court found the Appellant guilty and sentenced
him to confinement for a term of twelve months on both cases, with the sentences to be
run concurrently. (Vol. 2 p. 34). The Appellant timely filed a notice of appeal for each
case on August 28, 2015.
Statement of Facts
On August 7, 2015, the Appellant pled guilty to two separate offenses of state jail
felony theft. (Vol 2, p 9). A subsequent punishment hearing was held in which the
Appellant was sentenced to 1 year imprisonment (Vol. 2, p. 34). There were no
substantive objections during the punishment hearing from either the State or the
Defense.
Summary of the Argument
After a careful review of the record, it appears to Appellate Counsel that there
does not seem be errors that could support an appeal in this case. In such cases as this, it
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is the duty of Appellate Counsel to inform the Court that in Counsel’s opinion, no good
faith basis for appeal exists and Appellate Counsel now so informs the Court.
Argument
Because the Appellant pled guilty to the offenses of theft, without raising any pre-
trial issues, there are no issues to be raised on the guilt-innocence phase of trial. (Vol 2, p
3-4). At the punishment hearing, various documents were admitted into evidence by the
State and the Defense without objection. (Vol. 2, p.10, 22). The Defense called the
Appellant and his wife, and they testified without objection about Appellant’s
background and his efforts to turn his life around. (Vol.2 p. 11-32). At the conclusion of
trial, the Court sentenced the Appellant to one year in state jail for each case, with the
sentences to run concurrently, which was within the legal range of punishment for state
jail felonies. (Vol. 2, p. 34).
During this punishment trial, there were no objections substantive objections
during the punishment hearing which would warrant a reversal. As such, there does not
appear to be any valid legal errors which could be raised at the punishment phase of
Appellant’s trial.
Consequently, after a careful review of the record, Counsel finds nothing
that “might arguably support the appeal”. Anders v. California, 386 U.S. 738 (1967).
Prayer
WHEREFORE, PREMISES CONSIDERED, Counsel respectfully prays that this
Court permit him to withdraw after this Court’s own examination of the record in this
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cause to afford Appellant his right to file any pro se brief he may wish to file.
Respectfully submitted,
/s/ Dean Watts
Dean Watts, Attorney for Appellant
SBN 24003143
120 East Pilar Street
Nacogdoches, Texas 75961
(936) 559-9288
Fax (936) 559-0959
Certificate of Service
A true copy of the State’s brief has been provide by hand delivery to the Attorney
for the State at 101 West Main Street, Nacogdoches, Texas 75961, and by mail to the
Appellant, TDCJ # 02014217, Gist Unit, 3295 FM 3514, Beaumont, Texas 77705 on
October 27, 2015.
/s/ Dean Watts
Dean Watts, Attorney for Appellant
Certificate of Compliance
In accordance with Rule 9.4 of the Texas Rules of Appellate Procedure, I certify
that the total number of words in this document are 756 words.
/s/ Dean Watts
Dean Watts, Attorney for Appellant
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