Sergio Fonza-Carey v. State ( 2015 )

Electronically Submitted
11/18/2015 5:02:29 PM
Gregg County District Clerk
By: Britnie Minor ,deputy
CAUSE NO. 43866-A
THE STATE OF TEXAS § IN THE 188TH DISTRICT COURT
FILED IN
6th COURT OF APPEALS
vs. § IN AND FOR TEXARKANA, TEXAS
11/23/2015 3:13:59 PM
SERGIO FONZA-CAREY § GREGG COUNTY, TEXAS
DEBBIE AUTREY
Clerk
NOT:ICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Defendant in the above entitled and numbered
cause, by and through Defendant's Attorney of Record, and shows
the Court the following:
I.
The defendant was convicted of the offense of Unlawful
Possession of Firearm by Felon and sentenced to two years'
confinement in the Texas Department of Criminal Justice-
Insti tutional Division on the 20th day of August, 2015.
II.
That the Defendant properly and timely filed his Motion for
a New Trial.
III.
That the Defendant hereby gives written Notice of Appeal
from said judgment of conviction and sentence to the 188th
District Court of Gregg County, Texas and to the Court of
Appeals for the Sixth Judicial District of Texas at Texarkana,
Texas, within 90 days of the date of sentencing.
RESPECTFULLY SUBMITTED,
ATTORNEY FOR DEFENDANT
140 E. TYLER STREET, SUITE 240
LONGVIEW, TX 75601
903-753-7071 FAX 903 -753-8 783
STATE BAR # 06249300
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify
that a true and correct copy of the above and foregoing document
was this date provided to the Gregg County District Attorney's
Office, Gregg County Courthouse, Longview, TX .
Date: .11-;j>jff
13. Trial was by: Court
14. Punishment assessed: Two years' confinement in the Texas Department of Criminal
Justice-Institutional Division.
15. Whether appeal is from a pretrial order: No
16. Whether appeal involves validity of a statute, ordinance or rule: No
17. Whether court reporter's record has been or will be requested: Yes
18. Whether trial was electronically recorded: No
19. Court reporter: Grelyn Freeman
20. Whether motion and affidavit of indigence filed: No
Respectfully submitted,
CAUSE NO. 43866-A
THE STATE OF TEXAS § IN THE 188111 DISTRICT COURT
vs. § INANDFOR
SERGIO FONZA-CAREY § GREGG COUNTY, TEXAS
ORDER
BE IT REMEMBERED, that on the - - - day of
- - - - - - - - , 20 , came on to be considered the above and
foregoing Written Notice of Appeal. After consideration of the
same, it is the opinion of the Court that Defendant's Notice of
Appeal be:
GRANTED.
DENIED, to which ruling the Defendant excepts.
SET FOR HEARING ON THE - - - day of
20 , at o'clock
SIGNED:
JUDGE PRESIDING
FILED()\/\/
GREGG COUNTY, TEXAS
CAUSE NO. 43866-A
THE STATE OF TEXAS § IN THE 188m DISTRICT,.Gfim````
vs. § INANDFOR
SERGIO FONZA-CAREY § GREGG COUNTY, TEXAS
MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW SERGIO FONZA-CAREY, Defendant, by and through his attorney for
appeal, and files this Motion for New Trial in this case.
I.
Defendant would show the Court that there has been material error committed that is
calculated to injure the rights of Defendant.
II.
Defendant would show the Court that both the guilt/innocence verdict and the
punishment verdict are contrary to the law and the evidence on the case.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for new
trial be set for hearing, and, upon hearing, that the Court grants his a new trial.
Respectfully submitted,
u.....w ~•"'