Keith William Bennett v. State ( 2015 )

FI LED
GREGG COUtlTY. TEXAS
NO. 44069-B
KEITH WILLIAM BENNETT, § FILED IN
IN THE DISTRIC
APPELLANT 6th COURT OF APPEALS
TEXARKANA, TEXAS
vs. § 7/22/2015DISTRICT
124rn JUDICIAL 8:26:00 AM
DEBBIE AUTREY
THE ST ATE OF TEXAS, Clerk
APPELLEE § GREGG COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES KEITH WILLIAM BENNETT, who was Defendant in the above styled and
numbered cause, by and through his counsel, EBB B. MOBLEY, the trial court having granted
permission to appeal, and files this notice that he wishes to appeal from the conviction to the Sixth
Court of Appeals on errors raised by written motion and ruled on before trial and on errors arising
during and subsequent to trial.
Sentence was imposed on July 17, 2015, and this written Notice of Appeal is filed with the
Clerk of this Court within 30 days of that date.
Respectfully submitted,
EBB B. MOBLEY
Attorney at Law
422 North Center Street-Lower Level
P. 0. Box 2309
Longview, TX 75606
Telephone: (903) 757-3331
Facsimile: (903) 753-8289
ebbmob@aol.com
EBB B. MOBLEY
Attorney for Appellant
State Bar License# 14238000
EBB B. MOBLEY
ATTORNEY AT LAW
422 NORTH CENTER STREET - LOWER LEVEL
P. 0. BOX 2309
LONGVIEW, TEXAS 75606
TELEPHONE: (90.)) 757-3331
FAX: (903) 753-8289
July 21, 2015
FI LED
GREGG COUt1TY, TEXAS
Tina Campbell
Gregg County Court Reporter
124th Judicial District Court
101 East Methvin, Suite 447
Longview, Texas 75601
RE: Cause No. 44069-B
State v. Keith William Bennett
Dear Ms. Campbell:
I have been appointed to represent the above Appellant on his appeal. I need a complete
Reporter's Record of this case, including all pre-trial hearings, arguments of counsel, voir dire of the
jury, and any exhibits entered into the record.
Thank you for your attention to this matter.
Very truly yours,
Ebb B. Mobley
/kk
cc: Mr. Carl Dorrough
Gregg County District Attorney
101 East Methvin. Suite 333
Longview, Texas 75601
V" Ms. Barbara Duncan
Gregg County District Clerk
I 01 East Methvin, Suite 334
Longview, Texas 75601
~ Keith William Bennett
Gregg County Jail
101 East Methvin, Suite 635
Longview, Texas 75601
NO. 44069-B
THE ST ATE OF TEXAS § IN THE DISTRICT COURT
vs. § 124rn JUDICIAL DISTRICT
KEITH WILLIAM BENNETT § GREGG COUNTY, T~E D
GREGG COUNTY, TEXAS
MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
BY
COMES NOW KEITH WILLIAM BENNETT, Defendant, by and throug·~--,.,,.......'--
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 in the case.
III.
Defendant would show the Court that the sentence is so disproportionate as to constitute cruel
and unusual punishment in violation of the Texas and U.S. Constitutions. The trial court exhibited
bias in failing to consider the entire range of punishment.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for New Trial
be set for hearing, and, upon hearing, that the Court grant him a new trial.
Respectfully submitted,
EBB 13. MOBLEY
Attorney at Law
422 North Center Street-Lower Level
P. 0. Box 2309
Longview, TX 75606
Telephone: (903) 757-3331
Facsimile: (?03) 753-8289
ebbmob a ol.com
EBB B. MOBL
Attorney for Defendant
State Bar License# 14238000
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing motion was
forwarded to the office of Zan Colson Brown, Gregg Coufl!)' tssistant District Attorney, 101 East
Methvin, Suite 333, Longview, Texas 75601, on this t . (JV day of July, 2015, by efile.
Isl EB BLEY
EBB B. MOBLEY
NO. 44069-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
vs. § 124rn JUDICIAL DISTRICT
KEITH WILLIAM BENNETT § GREGG COUNTY, TEXA~ \LE 0
GREGG co~TY. TEXAS
DESIGNATION OF RECORD ON APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
I. A complete Reporter's Record of the trial of this cause, the voir dire examination of the jury, the final
argument of counsel, any pre-trial or post-trial hearings, or any other matters connected with this case
where the court reporter was present and transcribing the proceedings.
2. The indictment.
3. Any special pleas and motions of the Defendant and motions of the State.
4. Any written waivers.
5. Court's docket sheet.
6. Charge of Court on both guilt or innocence and punishment.
7. Any special requested charges submitted by the Defendant.
8. The verdict of the jury.
9. Court's Findings of Fact and Conclusions of Law.
I 0. Court's judgment and sentence.
I I. Motions for New Trial.
12. Notice of Appeal.
13. Letter to court reporter requesting preparation of Reporter's Record.
14. Any notes from the jury and the Court's responses thereto.
15. All exhibits.
16. All juror information sheets and information on peremptory strikes.
17. Any other matter contained within the Court's files.
18. Any order appointing a visiting or retired Judge to preside on this case.
19. Any presentence investigation prepared for and used in this case.
20. Trial Court's Certification of Defendant's Right of Appeal.
WHEREFORE, PREM !SES CONSIDERED, the Defendant respectfully requests that these matters be contained
within the record of this appeal.
Respectfully submitted,
CERTIFICATE OF SERVICE
ff
I, the "de.'{f d, heceby oertHY that a true aod correct copy of the above and focego;"g w"' fon