Alejandro Garcia v. State ( 2015 )

0 FI LED
GREGG cown~ TEl(.1\8
NO. 43527-8
STATE OF TEXAS § IN THE DISTRICT CO FILED IN
6th COURT OF APPEALS
§ TEXARKANA, TEXAS
vs. § 124TH JUDICIAL DISTRICT
11/2/2015 9:14:43 AM
§ DEBBIE AUTREY
ALEJANDRO GARCIA § GREGG COUNTY, TEXASClerk
NOTICE OF APPEAL AND MOTION FOR SUSPENSION OF RULES PURSUANT TO
TEX. R. APP. PRO. RULE 2
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Alejandro Garcia, Defendant in the above styled and numbered cause, and
gives this written notice of appeal to the Court of Appeals of the State of Texas from the
judgment of conviction and sentence herein rendered against Alejandro Garcia.
Appellant requests a suspension of the rules pursuant to Tex. R. App. Pro. Rule 2 to allow
this notice of appeal to be considered timely filed. Appellant was sentenced 24 July 2015.
Motion for New Trial and Motion in Arrest of Judgment was timely filed 13 August 2015. On 3
September 2015 counsel was notified in person that appellant did not wish to continue his
appeal. Appellant reaffirmed the decision to counsel 4 September 2015. Appellant filed a pro se
untitled motion asking for new counsel and requesting his appeal continue, however, he did not
inform appellate counsel of his decision, nor was appellate counsel served with this motion.
Appellate Counsel first became aware of the change of heart of Appellant on 29 October
2015. Appellant now files this Notice of Appeal.
Respectfully submitted,
ROBERT L COLE JR
P. 0. Box 829
LONGVIEW, TX 75606
Tel: (903) 236-6288
Fax: (903) 236-5441
0 0
By:_~-----------­
Robert L. Cole, Jr.
State Bar No. 04547800
rcolejd@gmail.com
Attorney for Alejandro Garcia
CERTIFICATE OF SERVICE
This is to certify that on October 30, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Gregg County, Gregg County
Courthouse, by hand delivery.
FI LED
GREGG COUNTY, TEXAS
AUG 1 3 2015
NO. 43527-B
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STATE OF TEXAS § IN THE DISTRICT COUR'f``
§
vs. § 124th JUDICIAL DISTRICT
§
ALEJANDRO GARCIA § GREGG COUNTY, TEXAS
MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Alejandro Garcia, the Defendant in the above styled and numbered
cause, and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules
21 and 22 of the Texas Rules of Appellate Procedure, and in support thereof would show this
court the following:
1. The Defendant was sentenced on 24 July 2015. This Motion, filed within the
thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day
after the sentence, which is 7 October 2015, or this motion is overruled by operation oflaw.
2. The verdict in this cause is contrary to the law and the evidence. See Tex. R.
App. P. 21.3.
3. The trial court has the discretion to grant a new trial in the interests of justice, as
the Court of Criminal Appeals has emphasized:
For more than one hundred and twenty years, our trial judges have had the discretion to
grant new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340
( 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).
4. For the foregoing reasons, and for such other reasons that may arise on the
hearing of this Motion, Defendant requests a new trial.
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.
Respectfully submitted,
ROBERT L COLE JR
P. 0. Box 829
LONGVIEW, TX 75606
Tel: (903) 236-6288
Fax: (903) 236-5441
By: f:Ltl2 @4v
Robert L. Cole, Jr.
State Bar No. 04547800
rcolejd@gmail.com
Attorney for Alejandro Garcia
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 124th Judicial District Court of Gregg
County, on this day, August 13, 2015.
CERTIFICATE OF SERVICE
This is to certify that on August 13, 2015, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Gregg County, Gregg County
Courthouse, by hand delivery.
Robert L. Cole, Jr. f