Dixon, Wydell Lorraine ( 2015 )

TO THE COURT OF CRIMINAL APPEALS OF TEXAS
PD-0064-15, PD-0065-15, PD-0066-15, PD-0067-15
_________________________________
WYDELL DIXON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
_____________________________________________________
AMENDED MOTION FOR REHEARING
_____________________________________________________
________________________________________________
On Petition for Discretionary Review from the Court of
Appeals for the First District, Houston, Texas in Cause
Nos. 01-13-00408-CR; 01-13-00409-CR; 01-13-00410-
CR & 01-13-00411-CR, Affirming the Conviction in
Cause Nos. 12CR0748, 12CR0749, 12CR0750, &
12CR0751 from the 56th District Court of Galveston
County, Texas.
________________________________________________
R. Scott Shearer
TBA No. 00786464
917 Franklin, Suite 320
Houston, TX 77002
(713) 254-5629
(713) 224-2889 FAX
May 15, 2015 ShearerLegal@Yahoo.com
Attorney for Appellant
May 14, 2015
1
TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
NOW COMES, WYDELL LORRAINE DIXON, and files this Motion for
Rehearing to the refusal of her Petition for Discretionary Review. In support of
this motion, she would respectfully show the Court the following:
I.
In a PUBLISHED opinion delivered December 16, 2014, a panel of the First
Court of Appeals AFFIRMED Appellant’s appeals from four judgments of
conviction for cruelty to animals by the 56th District Court of Galveston County.
Appellant did not file a motion for rehearing. Appellant’s Petition for
Discretionary Review was filed March 16, 2015. Appellant’s Petition for
Discretionary Review was refused April 29, 2015. This motion for rehearing is
timely filed within fifteen days after this Court refused Appellant’s Petition for
Discretionary Review. See TEX. R. APP. PROC. 69.4.
II.
2
GROUND FOR REHEARING: THIS COURT FELL INTO
ERROR BY NOT GRANTING APPELLANT’S PETITION FOR
DISCRETIONARY REVIEW.
Appellant’s petition for discretionary review asked this Court to review the
published judgment of the First Court of Appeals. Appellant’s cases involved the
following issues:
1. A court of appeals disagreeing with the published decision of another court
of appeals.
2. A court of appeals construing amendments to the animal cruelty statute in
such a way as to hold that the amendments overruled a prior decision of a
court of appeals.
3. An employee being held criminal responsible for failing to hire a sufficient
number of employees, even though there is no statute, ordinance, or
directive mandating a certain number of employees that must be hired.
4. A bomb threat being called into the hotel room of the jury during
deliberations; a jury panel forced to spend the night in the jury room; and a
trial judge overruling an agreed upon mistrial based thereon.
Appellant’s case surely involved issues important to the jurisprudence of the
State. Moreover, the animal cruelty statute is internally inconsistent and confusing
to both citizens and legal practitioners of this State at a time when the number of
animal cruelty cases being filed have increased exponentially from years past.
Until such time as this Court weighs in, confusion will remain in the lower courts.
3
This Court should take the opportunity to review Appellant’s case and the animal
cruelty statute.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the
Honorable Court of Criminal Appeals will grant Appellant’s motion for rehearing
and Appellant’s Petition for Discretionary Review.
Respectfully submitted,
/s/R. SCOTT SHEARER
R. Scott Shearer
TBA No. 00786464
917 Franklin, Suite 320
Houston, TX 77002
(713) 254-5629
(713) 224-2889 FAX
ShearerLegal@Yahoo.com
Attorney for Appellant
May 14, 2015
4
CERTIFICATE OF COMPLIANCE
Undersigned counsel certifies that this motion for rehearing is grounded on
substantial intervening circumstances or on other significant circumstances which
are specified in the motion. Undersigned counsel certifies that the motion is so
grounded and that the motion is made in good faith and not for delay.
/s/R. SCOTT SHEARER
R. Scott Shearer
5
CERTIFICATE OF SERVICE
I certify that a copy of this Motion has been served upon the State of Texas
by e-mailing a copy of same to the following parties at the following addresses on
this the 14th day of May, 2015:
BRENT HAYNES
GALVESTON COUNTY DISTRICT ATTORNEY
600 59th St # 1001
Galveston, TX 77551
BRENT.HAYNES@CO.GALVESTON.TX.US
/s/R. SCOTT SHEARER
R. Scott Shearer
6
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Case # PD-0064_0067-15
Case Information
Location Court Of Criminal Appeals
Date Filed 05/14/2015 10:41:45 PM
Case Number PD-0064_0067-15
Case Description
Assigned to Judge
Attorney R. Scott Shearer
Firm Name R. Scott Shearer
Filed By Robert Shearer
Filer Type Not Applicable
Fees
Convenience Fee $0.09
Total Court Case Fees $0.00
Total Court Filing Fees $0.00
Total Court Service Fees $0.00
Total Filing & Service Fees $0.00
Total Service Tax Fees $0.00
Total Provider Service Fees $3.00
Total Provider Tax Fees $0.25
Grand Total $3.34
Payment
Account Name Robert S. Shearer
Transaction Amount $3.34
Transaction Response Approved
Transaction ID 8703358
Order # 005294843-0
Motion for Rehearing
Filing Type EFile
Filing Code Motion for Rehearing
Filing Description Motion for Rehearing
Reference Number 51415
Comments
Status Accepted
Accepted Date 05/15/2015 12:51:21 PM
Fees
Court Fee $0.00
Service Fee $0.00
Documents
Lead Document DixonRehearingPDR2.pdf [Original] [Transmitted]
https://reviewer.efiletexas.gov/EnvelopeDetails.aspx?envelopeguid=cba16f05-ab3b-4c83-9430-d982e1b434e9[5/15/2015 4:59:25 PM]
Envelope Details
https://reviewer.efiletexas.gov/EnvelopeDetails.aspx?envelopeguid=cba16f05-ab3b-4c83-9430-d982e1b434e9[5/15/2015 4:59:25 PM]