Marlo Donta Persons v. State ( 2015 )

ACCEPTED
06-14-00109-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
6/17/2015 4:16:36 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00109-CR
RECEIVED IN
IN THE COURT OF APPEALS 6th COURT OF APPEALS
TEXARKANA, TEXAS
SIXTH DISTRICT OF TEXAS 6/17/2015 4:16:36 PM
AT TEXARKANA DEBBIE AUTREY
Clerk
MARLO DONTA PERSONS,
APPELLANT
V.
06/23/15
THE STATE OF TEXAS,
APPELLEE
On Appeal from the 354th Judicial District Court
Of Hunt County, Texas
Trial Court Cause NO. 29,371
Honorable Richard A. Beacom, Judge Presiding
APPELLANT’S TIMELY REQUEST FOR PANEL REHEARING
OF THE COURT’S JUNE 2, 2015 JUDGMENT
JUNE 17, 2015
TARA N. LONG (SBN 24032680)
2656 S. LOOP W., SUITE 255
HOUSTON, TEXAS 77054
Tel. (713) 349-8896
Fax (713) 713-349-8863
E-mail: longlawfirm@gmail.com
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TABLE OF CONTENTS
Table of Contents..…….……………………………..……………………………2
Introduction….…………………………………………………………………….3
Argument……………………………………………………………….…….....3-4
Conclusion and Prayer.……………………………………………………………5
Certificate of Service…….……………………………………………………… 6
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TO THE HONORABLE COURT OF APPEALS:
NOW COMES counsel for appellant and respectfully submits this request
for a panel rehearing of the Court’s June 2, 2015 judgment pursuant to the rules of
the Texas Rules of Appellate Procedure.
INTRODUCTION
This is a request for a rehearing on the Court’s judgment by the panel of
judges that issued the opinion of the court on June 2, 2015. The court has the
complete record of the proceedings in the criminal case in the 354th District Court
in Hunt County, Texas. Counsel for Appellant filed a motion for leave to file a
supplemental brief on the hearing of the Motion to Suppress filed by the trial
attorney. The district court held the hearing on the 18th day of February, 2014,
wherein the Court denied the Motion to Suppress. Counsel for appellant failed to
timely file the supplemental brief because of commitments of trial and other court
procedures. The failure to raise the issues argued and complain of the acts of the
arresting officer will be unjust to the appellant.
ARGUMENT
Appellant submits that the Court’s findings are erroneous in one distinct
respect that develops into a threefold issue:
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The Court’s Findings did not take into account the Motion to Suppress
and critical argument of new case law in regards to the issue as viewed
from the Supreme Court decision, Rodriguez vs. United States decided
on April 21, 2015.
The trial court improperly denied the Appellant’s Motion To Suppress because
there were no articulable facts or outside information, apart from the courtier
profile elements that Trooper Zane Rhone, the officer that made the traffic stop and
the arresting officer in this case, testified to at the hearing that he stated observed
conduct of the driver of the vehicle that was indicative of a person taking part in
drug related activities.
Trooper Zane Rhone when testifying and the dash cam video shows that
Appellant was not told that he could leave the Texas Department of Public Safety
Trooper’s patrol vehicle and was being detained, although he had properly
identified himself, and there was no law violation witnessed by Trooper Zane that
would indicate that criminal activity was occurring and the traffic stop went
beyond the scope of the traffic stop by the officer. Thus, the search was beyond
the scope of the stop and the evidence should have been suppressed by the court at
the hearing. Rodriguez v. United States, No. 13-9972, decided on April 21, 2015
and printed on April 22, 2015.
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The panel was not made aware of the ruling by the United States Supreme
Court and the outcome of their analysis of the evidence when making their ruling
or judgment might have been materially affected.
CONCLUSION AND PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays
that the court panel rehear the matters and reconsider the evidence as pronounced
in Rodriguez v United States, NO. 13-9972 of the United States Supreme Court on
April 21, 2015. Appellant further prays for all other lawful relief to which he may
be entitled, at law or equity.
Respectfully submitted,
By: /s/ Tara N. Long
Tara N. Long
Long Law Firm, PLLC
5626 S. Loop W., Suite 255
Houston, Texas 77054
713-349-8896 (ph.)
713-349-8863 (fax)
longlawfirm@gmail.com
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Appellant’s Motion for
Rehearing, was sent by First Class U. S. Mail, certified mail, requested to the
following on this the 17th day of June, 2015:
MARLO DONTA PERSONS
TDJC#1939454 VIA CMRRR# 7011 2970 0000 5132 6707
Eastham Unit, 2665 Prison Rd. #1
Lovelady, Texas 75851
Ms. Lauren Hudgeons
Assistant District Attorney VIA CMRRR# 7011 2970 0000 5133 6714
Hunt County District Attorney
2507 Lee Street, 4th Floor
Greenville, TX 75401
/s/ Tara N. Long
Tara N. Long
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