Grayson David Smith v. State ( 2015 )

.. . : ..
\
CAUSE NO. 29458
>)
THE STATE OF TEXAS § IN THE 354-TH JUDICI~
.. FILED ·..
"~ IN/ .l. I
§ • ' ';~
6th COURT OF APPEALS
/.).I I
vs. § TEXARKANA, TEXAS
DISTRICT COURT
COUNTY~EXAS
§ 5/12/2015 1:59:38 PM
GRAYSON SMITH § HUNT DEBBIE AUTREY
Clerk
I NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Grayson Smith, Defendant in the above entitled and numbered cause,
within 30 days of sentencing, and files this Notice of Appeal with my election to have the
I
appeal heard by the Texarkana Court of Appeals from his conviction in Cau 1e Number 29458.
Defendant shows the Court that pursuant to the provisions of Rule 5.2(a)(2) ofthe
Texas Rules of Appellate Procedure, Defendant tenders this notice as ev·
appeal the conviction in Cause Number 29458.
-, .J
Respectfully 8¥ mitted,
f
Michael C. Lowe
Board Certified - Criminal Law
Texas Board of Legal Specialization
State Bar No. 24007573
700 N. Pearl St., Suite 2170
Dallas, Texas 75201
Phone: (214) 526-1900
Facsimile: (214) 748-4348
ATTORNEY FOR DEFENDANT
NOTICE OF APPEAL
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been mailed to the
Assistant District Attorney assigned to this Court in accordance with t e Texas Rules of
Criminal Procedure on the 27th day of April, 2015.
1~
v
Michael C. Lowe
NOTICE OF APPEAL Page2
e
Ar Flleo
~At
THE STATE OJ<' TEXAS
CASE No. 29458 COUNT 1
INCIDENT NO.frRN: 9128357477 AOOl
§ IN THE DISTRICT COURT
CLE~I(,o
~
'AR 3 1 2015
"'7 /(...._.
ISTRJcr
'. \
--..,~
cou~7; kUNrco
1f!
§ ``
v. §
§ OF HUNT COUNTY, TEXAS
GRAYSON DAVID SMITH §
§
STATE lD No.: TX 50357973 § 3541'11 JUDICIAL DISTRICT
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, RIC``- BEACOM, JR., Judge of the trial court certify this criminal case:
)``is not a plea bargain case, and the defendant has the right of appeal; or
0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and
not withdrawn or waived and the defendant has the right of appeal; or
0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the
right to appeal; or
0 is a plea bargain case, and the defendant has NO right of appeal; or
0 the defendant has waived the right of appeal.
Signed on 03-31-2015.
354 Til JUDICIAL DISTRICT COURT
I have received a copy of this certification. I have also been informed of my rights concerning any
appeal of this criminal case, including any right to file a prose petition for discretionary review pursuant to
Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy
of the court of appeals' judgment and opinion to my last known address and I have only thirty (30) days in
which to file a prose petition for discretionary review in the court of appeals. TEX. R. Al'J'. PRo. R. 68.2. I
acknowledge that, if I wish to appeal this case and if! am entitled to do so, it is my duty to inform my appellate
attorney, by written communication, of any change in the address at which I am currently living or any change
in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate
attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary \
re-'ew. ~t rY .t_
~ .~ )(f{.tiv 1 ,&vv?1v
~
Defendant (MUST SIGN)
II
~ttorney fo1· Defendant
0 v
Mailing Address:
~fiof·7 1i
t 0'*U;~
\<(
!3 0:~ rz4 J SBN: --'-/-=-)---~.Lf....;;../;;_/__,.j><-..0"'Oc..c;;;·!J_ _ _ __
Telephone number: Cfo3--l-l7~- 12.60 Address: &v. r-z '7 7 (;'{.L.lht///A. 7 sy~y
Faxnumber: - - - - - - - - - - - - - - - - - - - - -
Telephone Number: /.170
__.: __ 1
J _ _Lj _~['_ _5'_7_ _q_:._
Fax Number: _ _ 9_ 1_ 3__'-f_·:J_. . _;-_ _6_~_0_['_ t
i
1
29468
?
I
l
I CAUSE NO. 29458 · ~.
• ••
-,
Jll
r,
' ,
lI
'
• I. I
THE STATE OF TEXAS § IN THE 354TH ~JIDICIAL 'I· •,:?
vs. ~ DISTRICT COURT V;
§
GRAYSON SMITH § HUNT COUNTY, TEXAS
j
DEFENDANT'S MOTION FOR A NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT: t
1
!
~
Pursuant to Rule of Appellate Procedure 21.3 and the holding in State v. Gonzales, 85 5
S.W.2d 692 (Tex. Crim. App. 1993), Defendant moves the court for a New Trial in the interest
of Justice. Defendant also requests a hearing to supplement the court's record and would show
the following in support thereof.
I.
Defendant received ineffective assistance of counsel in violation of the 61h Amendment ,f
to the United State Constitution and Article 1, Section 10 ofthe Texas Constitution, and the
t
Texas Code of Criminal Procedure, Article 1.05. In particular, Defense counsel failed to make
objections and/or requests concerning violations of Mr. Grayson's fundamental rights. Defense II
t
counsel was also ineffective in not offering testimony in rebuttal to state's witnesses. r
f
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this
Honorable Court will enter an order granting the Defendant's request made herein.
l t
I
i
i~
t
DEFENDANT'S MOTION FOR A NEW TRIAL Page I l
Il
;
1
I
I'
I Respectfully submi ed,
-/\t\)
Michael C. Lowe
Board Certified - Criminal Law
Texas Board of Legal Specialization
State Bar No. 24007573
700 N. Pearl St., Suite 2170
Dallas, Texas 75201 I
Telephone: (214)526-1900 f
Facsimile: (214)748-4348
I
ATTORNEY FOR DEFENDANT
I
f
f
f
f
CERTIFICATE OF SERVICE l
f
f
I hereby certify that a true and correct copy of the above and foregoing Defendant's I
!
Motion For New Trial has been served on the District Attorney assigned to this Court, on this the
271h day of April, 2015.
I
f
i'
t
I
I,,
Michael C. Lowe l
Jf
f
!
f
I
•
I
DEFENDANT'S MOTION FOR A NEW TRIAL Page 2
t .. . •
J
I
I
f ORDER
lI On this date came to be heard the foregoing Motion for a New Trial, and after due
consideration, the Court is of the opinion that the same should be and it is hereby (GRANTED)
(DENIED, to which action of the Court the Defendant excepts).
SIGNED AND ENTERED this _ _ day of _ _ _ _ _ _ _ _ , 2015.
JUDGE PRESIDING
DEFENDANT'S MOTION FOR A NEW TRIAL Page 3