Fred Wright, Jr. v. State ( 2015 )

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QREOO COUNTY. TEXAS
CAUSE NO. 43,014-A SEP t t 2015
STATE OF TEXAS x IN THE DISTRICT COURT 3'. pS o'ClocKXM
x FILED IN
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6th COURT OF APPEALS
x IN AND FOR TEXARKANA, TEXAS
VS. x 9/11/2015 3:57:57 PM
x GREGG COUNTY, TEXAS
DEBBIE AUTREY
x Clerk
FRED WRIGHT, JR. x 188TH JUDICIAL DISTRICT
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW FRED WRIGHT, JR., Defendant herein, by and through his
undersigned counsel for appeal and would show:
FRED WRIGHT, JR., Defendant, hereby gives his Notice of Appeal of the
Judgment of conviction dated August 18, 2015, by taking his appeal to the Court of
Appeals for the Sixth Appellate District in Texarkana.
Respectfully submitted,
LEW DUNN
Attorney at Law
201 E. Methvin, Suite 102
P.O. Box 2226
Longview, TX 75606
Tel. 903-757-6711
Fax 903-757-6712
Attorney for Appellant
Texas State Bar No.# 06244600
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
document was hand-delivered and/or electronically transmitted to the offices of Hon.
Zan Colson Brown, Assistant District Attorney, Gregg County Courthouse, Longview,
Texas on this-JI_
day of September, 2015.
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FILED
GREGG COUNTY, TEXAS
CAUSE NO. 43,014-A SEP 11 2015
STATE OF TEXAS x IN THE DISTRICT COURT 3 '. ()OQ'CLOCK \:> M
BA~2_Afois~RK
x ev``UTY
x IN AND FOR
vs. x
x GREGG COUNTY, TEXAS
x
FRED WRIGHT, JR. x 188rn JUDICIAL DISTRICT
DESIGNATION OF RECORD ON APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Defendant/Appellant FRED WRIGHT, JR., and submits
this "Designation of Record on Appeal" in the above-referenced case, and requests:
That the following items be contained in the record of this appeal in Cause No. 43,014-A:
1. A complete Statement of Facts (Reporter's Record), including any and all
pre-trial hearings, admonishments by the Court, any voir dire, the trial proceedings on
guilt/innocence and/or guilty plea, and on punishment; any side-bar conferences, any
post-conviction hearings, hearing on motion for new trial, all evidence and arguments of
counsel, and any and all exhibits, whether filed by the State or Defense.
2. Indictment
3. Any special pleas, affidavits, letters, and motions of the Defendant and
motions of the State, and the Court's Orders and/or rulings on same,
including, with filing date indicated:
State's Motion Designating Expert Witnesses
State's Amended Motion Designating Expert Witnesses (two of these,
each signed by a different assistant DA)
State's Second Motion Designating Expert Witnesses
State's Third Motion Designating Expert Witnesses
Notice of Intent to Use Extraneous Offenses and Prior
Convictions, 9-22-14
Notice oflntent to Use Prior Convictions & Extraneous Offenses, 9-22-14
State's Notice oflntent to Cumulate, 4-7-14
Notice of Intent to Use Extraneous Offenses, 4-7-14
State's Motion in Limine Number 1, 4-7-14
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State's Motion for Discovery of Defendant's Witness List, 4-7-14
Motion to Disclose Experts, 4-7-14
4. Waiver of arraignment, 2-1 7-14
5. Request for Appointment of counsel on appeal, 8-20-15
6. Docket Sheets
7. Felony Court Costs
8. Precept to serve Indictment
9. State Ex. #1, Ex. #2, and Ex. #3
10. Trial Court's Certificate of Defendant's Right of Appeal 6-26-2014
11. Defendant's Application for Probation, 8-18-15
12. Written Plea Admonishments, 8-18-15
13. Sex Offender Registration and Auto-Life Statute, 8-18-15
14. Plea Agreement, 8-18-15
15. Judgment of Conviction by Court, Waiver of Jury Trial, 8-18-15
16. Copies of all subpoenas issued 7-20-15 for court appearance on 8-18-15
17. Waiver of Jury Trial
18. All pre-trial and trial hearing exhibits
19. Letter to court reporter requesting preparation of Reporter's Record
20. Notice of Appeal
21. Motion for New Trial
22. Capias, 11-1-13
23. Bond
24. Conditions of Bond, 11-1-13
25. Magistrate's Warning, 11-1-13
26. Any other matter contained within the Court's files.
27. This "Designation of Record on Appeal"
WHEREFORE, PREMISES CONSIDERED, the Defendant/Appellant respectfully
requests that these matters be contained within the record of this appeal.
Respectfully submitted,
LEW DUNN
Attorney at Law
201 E. Methvin, Suite 102
P.O. Box 2226 Longview, TX 75606
Tel. 903-757-6711
Fax 903-757-6712
Attorney for Defendant
Texas State Bar License# 06244600
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document
was hand-delivered and/or sent via electronic transmission to the offices of Hon. Zan
Colson Brown, Assistant District Attorney, Gregg Co
this_L}__day of September, 2015.
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FILED
GREGG COUNTY, TEXAS
CAUSE NO. 43,014-A SEP 1 1 2015
STATE OF TEXAS x IN THE DISTRICT COUR13'.dOo·cLocK ~ M
BARBfJN!!NCAN, DISTRICT ,CLERK
x BY ~ SCM 1 ~PUTY
x IN AND FOR y
vs. x
x GREGG COUNTY, TEXAS
x
FRED WRIGHT, JR. x 188TH JUDICIAL DISTRICT
MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW FRED WRIGHT, JR., Defendant herein, by and through
his undersigned counsel for appeal, files this, his Motion for New Trial and
Motion in Arrest of Judgment pursuant to Rules 21 and 22, TEX. R. APP.
PROC., and respectfully showing unto the Court as follows:
I.
The evidence offered by the State at the trial was legally insufficient to
prove the matters alleged by the State in its indictment by the applicable
burden of proof.
II.
The judgment was contrary to the law and the evidence.
Ill.
Defendant's "judicial confession" alone is legally insufficient to prove the
matters alleged in the indictment. Moreover, it does not satisfy the requirements of Art.
1.15, TEX. CODE CRIM. PROC. See, Menefee v. State, 287 S.W.3d 9 (Tex. Crim.
App. 2009); Puente v. State, 320 S.W.3d 352 (Tex. Crim. App. 2010).
WHEREFORE, PREMISES CONSIDERED, Defendant requests that the
Court set this matter for a hearing, that upon hearing that the Court grant a new trial
herein, and for such other and further relief to which the Defendant is entitled at law
and equity.
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Respectfully submitted,
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~Attorney at Law
201 E. Methvin, Suite 102
P.O. Box 2226
I Longview, TX 75606
Email: dunn@texramp.net
I Tel. 903-757-6711
Fax 903-757-6712
State Bar No. 06244600
Counsel for Defendant
II CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
document was hand-delivered to the offices of Hon. Zan Colson Brown, Assistant
II District Attorney, Gregg County Courthouse, Longview, Texas on this I I
of September, 2015, and/or delivered via electronic tr ' '
day
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