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Summary of Argument
This is argument for Appellant, Johnny Craig Trout on
judgements of the Courts of Ector County. The Appellant whom is pro
se, tryed to get an Attorney pro bono. The trial" court rules for the
Grand Jury were not followed, the rule for Limine was in effect. Acts
1965, 59th Leg., vol. 2, p. 317, ch. 722. 1.05. were violated, none of
the Rights of Accused were given. Appelant was never given a
speedy puMfc trial, Appelant was never called to give a statement to
the Grand Jury. Appellant never received anything from the Grand
Jury except the copy of the indictment, which was delivered to
Appellant in jail by the Sheriff on April 1\ 2010. There was no
information given about who testified, or if anyone testified before
the Grand Jury.
The documents state that the Appellant was assigned Attorney
Johnny Carrasco, this Attorney has never made any contact what so
ever. The Appellant has never had an Attorney for this Appeal.
Having tried to locate Mr. Carrasco, he is not even listed in the
yellow pages under Attorney's in Ector County at all.
The Court of Appeals affirmed the judgement of the Court. My
Mother, Karen Trout is the only help I have had. I was ordered to
jail for 180 days, I shoud have had a Court Appointed Attorney, one
was never made available to me at all.
On January 11th, 2010, Appellant went after his own vehicle,
Appellant went to jail, bonded out the next day for $100. On January
22nd, 2010 the Ector County Sheriff came and arrested Appellant at
his job for burglary.
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purposes ofthis article and Articles 26.04 and 26.05 ofthis code, "indigent' means a
person who is not financially able to employ counsel, (c) An indigent defendant is
entitled to have an attorney appointed to represent him in any adversary judicial
proceeding that may result in punishment by wiiiinement and many omer OTimnal
proceeding ifthe court concludes that the interests ofjustice require ^Presentation^
Except as otherwise provided by mis subsection, ifan indigent defendant is entitled to
and requests appointed counsel and ifadversarial judicial proceedings have been initiated
against the defendant, acourt or the courts' designee authorized under Article 26.04 to
appoint counsel for indigent defendants inthe county shall appoint counsel as soon as
possible, but not later than the end ofthe third worlring day after the date on whichthe
court orthecourts' designee receives thedefendant's
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DEC 03 2015
Abel Acosta, Clerk
ii
Opinion filed August 28, 2015
In The
Cletoentf) Court of gfypeate
No. 11-13-00377-CR
JOHNNY CRAIG TROUT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 70th District Court
Ector County, Texas
Trial Court Cause No. A-37,204
MEMORANDUM OPINION
The jury found Appellant, Johnny Craig Trout, guilty of the second-degree
felony offense of burglary of a habitation.1 The jury assessed punishment at
confinement for five years and a fine of $5,000, but recommended community
supervision. The trial court accepted the recommendation ofthe jury, suspended the
]See TEX. PENAL CODE ANN. § 30.02(a), (c)(2) (West 2011).
sentence, placed Appellant on community supervision for ten years, imposed the
fine of $5,000, and then sentenced Appellant to 180 days in the county jail as part of
his community supervision. Appellant's pro se brief makes several complaints but
does not outline any issues; however, we construe the brief to raise two issues on
appeal with an attempt to raise two additional issues. We affirm.
I. The Charged Offense
The grand jury returned an indictment against Appellant for the first-degree
felony offense of burglary of a habitation for entering a habitation without the
consent of the owner and committing or attempting to commit the felony offense of
aggravated assault with a deadly weapon. Penal § 30.02(d). The jury convicted
Appellant of the lesser included offense of burglary of a habitation for entering a
habitation without the consent of the owner and committing or attempting to commit
simple assault. Id. § 30.02(a)(3). As relevant here, a person commits the offense of
burglary of a habitation if, without the effective consent of the owner, he enters a
habitation and commits or attempts to commit a felony, theft, or an assault. Id. This
offense is a felony of the second degree if the offense occurs in a habitation. Id.
§ 30.02(c)(2). An individual adjudged guilty ofa felony in the second degree shall
be punished by imprisonment for any term ofnot more than twenty years orless than
two years and a fine not to exceed $10,000. Id. § 12.33 (West 2011).
II. Evidence at Trial
One winter day in Odessa, Brenda Burk and Dustin Burk, Appellant's former
girlfriend and her son, visited Deanna Crouch at her home. Michelle Havner,
Crouch's daughter-in-law, was also at Crouch's home. During the visit, Crouch
heard a noise at the door to her carport, and she looked out of the small diamond-
shaped window in the door and saw someone bending down on the other side.
Crouchthen reached to lockthe deadbolt when Appellant burst through the door and
knocked her over. Crouch testified that Appellant yelled, "I'm going to kill. Give
2
me my keys, b—h." Similarly, Brendatestified that Appellant yelled, "I'm going to
kill you, b—h." Brenda then screamed to her son, Dustin, who was in the kitchen,
that Appellant was holding a knife.
At trial, Dustin described Appellant's knife as a pocketknife, whereas Brenda
described it as a huge kitchen knife with a very long blade, almost machete size.
Crouch testified that Appellant had a pocketknife in one hand and a butcher knife in
the other. Michelle, who went to the back room of the house after Appellant forced
his way in, testified that she did not see Appellant with a knife. Dustin ran out of
the kitchen and kicked Appellant in the stomach and the crotch, as Brenda ran
outside into the carport to call 911. Dustin then shoved Appellant out the door into
the carport and threw a crate at him as Appellant lunged toward Brenda with aknife.
Appellant then ran down the street to the storerooms located in the alleyway on
Crouch's property. Appellant then walked back toward the house as a deputy from
the Ector County Sheriffs Department pulled into Crouch's driveway. Justin
Hamm, a deputy with the sheriffs department, apprehended Appellant, but Deputy
Hamm did not find the knife.
Matthew Havner, Crouch's son, arrived at the scene and walked back to the
storerooms to search for Appellant's knife. Matthew testified that he found a knife
with a seven-inch blade by the storerooms, picked itup with a plastic bag, and called
the sheriffs department to retrieve the knife. Vicki Drennan, a crime scene
investigator, testified that the sheriffs department catalogs all evidence with an
invoice number. However, if a defendant pleads guilty to a charge, then the evidence
is destroyed. After Appellant's arrest, he pleaded guilty to a violation of the
protective order that Brenda Burk filed some months earlier, so the sheriffs
department destroyed the knife without cross-referencing it to the present case.
III. Analysis
Appellant, who is pro se, first submitted a set of documents written by his
mother as his brief. The State moved to have the brief redrawn, and we ordered
Appellant to submit a new brief. The second brief, written by Appellant, failed to
(1) identify the parties, (2) provide an index ofauthorities, (3) present a statement of
the case, (4) outline issues presented, (5) give a summary of his argument, and
(6) provide anargument with citations toboth the record and authorities. See Tex. R.
App. P. 38.1(a), (c), (d), (f), (h), (i). Although Appellant provided a recitation of
facts, he rarely cited to the record except to briefly reference testimony about the
knife and to claim alleged inaccuracies in the record. See Tex. R. App. P. 38.1(g);
Narvaiz v. State,
840 S.W.2d 415, 430 (Tex. Crim. App. 1992) (held appellant
waived any error by failing to identify where in the record the alleged error
occurred).
Appellant is not entitled to special consideration solely because he is pro se.
See Johnson v. State,
760 S.W.2d 277, 279 (Tex. Crim. App. 1988). Although we
allow some latitude to a pro se appellant to comply with the Rules of Appellate
Procedure, Appellant's brief fails to meet most ofthe requirements.2 See Perez v.
State,
261 S.W.3d 760, 763 n.2 (Tex. App.—Houston [14th Dist] 2008, pet. refd)
(a pro se litigant is held to the same standards as alicensed attorney and must comply
with applicable laws and rules ofprocedure). After a review ofAppellant's brief,
we note that Appellant complains about the sufficiency ofthe evidence and alleged
excessive punishment in violation of the Eighth Amendment of the United States
Constitution.3 And even though his briefing is insufficient, we note that he also
2We note that Appellant was represented by retained counsel attrial and that Appellant thereafter
presented aclaim of indigence to the trial court with respect to this appeal. The trial court determined that
Appellantwas not indigent.
3See U.S. CONST, amend. VIII.
claims the State withheld evidence, which is an allegation that the State violated
Brady.* Appellantalso complains about the jury verdict form.
A. Challenge to Sufficiency oftheEvidence
Appellant contends that the evidence was insufficient to sustain his conviction
for burglary of a habitation. We review sufficiency of the evidence under the
standard set forth in Jackson v. Virginia,
443 U.S. 307, 318 (1979). Brooks v. State,
323 S.W.3d 893,912 (Tex. Crim. App. 2010). Under this standard, we review all of
the evidence inthe light most favorable to the jury's verdict and decide whether any
rational jury could have found the essential elements of the offense beyond a
reasonable doubt. Jackson, 443 U.S. at 319. Thetrierof fact holds theresponsibility
to resolve conflicts inthetestimony fairly, weigh theevidence, and draw reasonable
inferences from basic facts to ultimate facts. Id. We are to resolve inconsistencies
in the testimony in favor ofthe verdict. Curry v. State,
30 S.W.3d 394, 406 (Tex.
Crim. App. 2000); Sharp v. State,
707 S.W.2d 611, 614 (Tex. Crim. App. 1986);
Isham v. State,
258 S.W.3d 244, 248 (Tex. App.—Eastland 2008, pet. refd).
The relevant element, under Section 22.01(a)(2) of the Texas Penal Code,
which was properly outlined in the jury charge, is "intentionally or knowingly
threatens another with imminent bodily injury." PENAL § 22.01(a)(2) (assault).
Brenda testified that Appellant threatened to kill her and lunged at her with a knife.
Though the witnesses' testimony was inconsistent regarding Appellant's possession
ofa knife, possession ofa deadly weapon is not an element ofthe lesser included
offense ofwhich Appellant was convicted. Id § 30.02(a). Ifthe evidence raises any
conflicting inferences, we presume that the trier of fact resolved such conflicts in
favor of the prosecution. Jackson, 443 U.S. at 318; Brooks, 323 S.W.3d at 894;
4Brady v. Maryland,
373 U.S. 83, 87(1963).
.Curry, 30 S.W.3d at 406. As factfinder, the jury may determine the weight and
credibility of a witness's testimony. Sharp, 707 S.W.2d at 614. We hold the
evidence was sufficient for the jury to have found beyond a reasonable doubt that
Appellant entered Crouch's habitation, without her consent, and committed or
attempted to commit an assault. We overrule Appellant's issue on the sufficiency
of the evidence.
B. Allegation ofCruel and Unusual Punishment
Appellant argues that his sentence was very excessive and constitutes cruel
and unusual punishment mviolation ofthe Eighth Amendment ofthe United States
Constitution. See U.S. CONST, amend. VIII. Appellant did not raise this issue at
trial, and it is waived. Tex. R. App. P. 33.1(a); Arriaga v. State,
335 S.W.3d 331,
334 (Tex. App.—Houston [14th Dist] 2010, pet. refd). We overrule Appellant's
issue on punishment.
C. Complaints about Grand Jury Notes and Handwritten Jury Verdict
Form
Appellant complains that he did not get grand jury witness information, which
the State interprets as an attempt to claim a Brady violation because a list ofgrand
jury witnesses was never produced. Appellant also complains that the trial court
improperly handwrote part ofthe jury verdict form. Appellant does not cite to any
authorities on these complaints, and these complaints are waived. See Tex. R.
APP. P. 38.1; Perez, 261 S.W.3d at 765.
D. Two Miscellaneous Issues
Finally, Appellant complains that the court reporter's record is inaccurate
concerning certain dates and testimony. He claims, among other things, that the
knife was not accidentally destroyed by law enforcement but was part of the
evidence at trial. Appellant's last complaint is that he did not receive any tape
recordings, as part ofthe appellate record, to review to prepare his appeal. We note
.that no tape recordings were admitted into evidence at trial. Again, Appellant has
failed to cite any authorities to support his complaints, and these issues are waived.
See TEX. R. App. P. 38.1(h); Perez, 261 S.W.3d at 765.
TV. Conclusion
We have reviewed the record, and we hold that the evidence is sufficient to
support Appellant's conviction. We further hold that Appellant waived his
complaints about punishment, the grand jury information, the jury verdict form, and
alleged inaccurate or missing evidence. We overrule all ofAppellant's issues.
V. This Court'sRuling
We affirm the judgment ofthe trial court.
MIKE WILLSON
JUSTICE
August 28, 2015
Do notpublish. See TEX. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.
CAUSE NO. 11-13-00377-CR
IN THE COURT OF APPEALS
ELEVENTH JUDICIAL DISTRICT OF TEXAS
JOHNNY CRAIG TROUT,
Appellant
STATE OF TEXAS,
Appellee
On appeal from the 70th Judicial District Court
of Ector County, Texas
Trial Court Cause Number A-37,204
STATE'S APPELLATE BRBEF
Michael Bloch
Assistant District Attorney
Ector County District Attorney's Office
Ector County Courthouse
300 N. Grant, Room 305
Odessa, Texas 79761
(432) 498-4230 Phone
(432) 498-4293 Fax
Attorney for the State of Texas
Identity of Parties and Counsel
ATTORNEYS FOR THE STATE AT TRIAL:
Brooke Hendricks
Amanda Navarette
Assistant District Attorneys
Ector County Courthouse
300 N. Grant, Room 305
Odessa, Texas 79761
ATTORNEY FOR THE STATE ON APPEAL
Michael Bloch
Assistant District Attorney
Ector County Courthouse
300 N. Grant, Room 305
Odessa, Texas 79761
ATTORNEY FOR THE APPELLANT AT TRIAL:
Jeffrey T. Robnett
P.O. Box 1583
Midland, Texas 79702
APPELLANT PRO SE ON APPEAL:
Johnny Craig Trout
P.O. Box 1793
Quinlan, Texas 75474
TRIAL COURT:
Hon. Denn Whalen
70th District Court
Ector County, Texas
300 N. Grant
Odessa, Texas 79761
Table of Contents
Identity of Parties and Counsel 2
Index of Authorities 4
Statement of the Case 7
Statement of Facts 7
Summary ofthe Argument 10
Argument
I. The evidence was legally sufficient to sustain the
jury's finding that Appellant committed the offense of
burglary of a habitation with intent to commit assault 10
Conclusion and Prayer 14
Certificate of Service 15
Certificate of Compliance 15
Index of Authorities
CASES
Brady v. Maryland,
312> U.S. 83 (1963) 10,13
Clayton v. State,
235 S.W.3d772, 778 (Tex. Crim. App. 2007) 11
Dewberry v. State,
4 S.W.3d 735, 740 (Tex. Crim. App. 1999) 13
Ex parte Reed,
271 S.W.3d698, 726-727 (Tex. Crim. App. 2008) 14
Jackson v. Virginia,
443 U.S. 307, 319 (1979) 11
Johnson v. State,
803 S.W.2d 272, 279 (Tex. Crim. App. 1990)
12
Jones v. State,
944 S.W.2d 642, 647 (Tex. Crim. App. 1996) 11
Knight v. State,
406 S.W.3d 578, 590 (Tex. App. - Eastland 2013, pet. refd) 14
Matson v. State,
819 S.W.2d 839, 846 (Tex. Crim. App. 1991) 12
Padilla v. State,
254 S.W.3d 585, 590 (Tex.App.-Eastland 2008, pet. refd) 13
Sanders v. State,
119S.W.3d 818, 820 (Tex. Crim. App. 2003) 12
Swearingen v. State,
101 S.W.3d 89, 94 (Tex. Crim. App. 2003) 12
4
Winfrey v. State,
323 S.W.3d 875, 878-79 (Tex. Crim. App. 2010) 11
STATUTES AND RULES
Tex. R. App. P. 38.1(i) 14
Tex. R. App. Proc. 33.1 (a)(1)(A) 13, 14
CAUSE NO. 11-13-00377-CR
IN THE COURT OF APPEALS
ELEVENTH JUDICIAL DISTRICT OF TEXAS
JOHNNY CRAIG TROUT,
Appellant
STATE OF TEXAS,
Appellee
On appeal from the 70th Judicial District Court
of Ector County, Texas
Trial Court Cause Number A-37,204
STATE'S APPELLATE BRBEF
TO THE HONORABLE JUSTICES OF SATO COURT:
COMES NOW, Appellee, the STATE OF TEXAS, by and through
its District Attomey, R.N. (Bobby) Bland and Assistant District Attorney
Michael Bloch and presents for receipt its Appellate Brief in the
above-styled and numbered cause of action.
Statement of the Case
On April 20, 2010, Johnny Craig Trout, hereinafter Appellant, was
indicted for the offense of burglary, alleging that Appellant entered the
habitation of Deanna Crouch and did attempt to commit or committed the
felony offense of aggravated assault with a deadly weapon, to-wit: a knife.
CR 6. Appellant pled not guilty. 4 RR 8. The trial on guilt/innocence was
held on November 20,2013, at the conclusion of which the jury found
Appellant guilty of the lesser-included offense of burglary of a habitation
with intent to commit assault. 4 RR 139-140. The jury assessed punishment
at confinement for five years, but recommended that the sentence be
suspended and Appellant be placed on community supervision. 5 RR 31-32.
The trial court sentenced Appellant to five years TDCJ, but suspended the
sentence and placed Appellant on community supervision for ten years. 6
RR 4-5. As a condition of community supervision, Appellant was ordered to
serve 180 days in the Ector County Jail. Id. The State now responds to
Appellant's appeal of this conviction.
Statement of Facts
On the date ofsubject incident, January 11, 2010, Deanna Crouch
lived at 2324 North Canyon Avenue in Ector County, Texas. 4 RR 13. On
that day, Brenda Burk, whom Crouch described as an "acquaintance" arrived
at the residence with her, Burk's, son Dustin Burk, who had come to do his
laundry. Id. at 14-15, 41. Some of Crouch's relatives showed up at the
residence shortly thereafter, and after having a conversation with Burk,
Crouch told Burk she needed to leave "[bjecause I was going to be baby
sitting, and I didn't want the ruckus at my house." Id. at 15. Suddenly,
Crouch heard a noise at the door leading to the carport, she looked through
the window and saw someone bending down. Id. at 16. She reached to go
and lock the dead bolt, "and the next thing I know the door pops open." Id.
at 16. Appellant - who Burk identified at trial as her live-in boyfriend -
came charging through the door, knocking Crouch down and yelling and
screaming "I'm going to kill" and "Give me my keys, bitch." Id. Crouch
testified that Appellant did not have permission to enter her house. Id. at 24.
Crouch saw Appellant with a big butcher knife in one hand and a
pocketknife in the other, and ordered her daughter-in-law to take the baby
away.1 4 RR 16,19. Her daughter-in-law hid in a closet and called 911. Id.
at 27. Appellant came at Burk with a knife shouting "I'm going to kill you,
bitch." Id. at 42. Burk called for her son Dustin. Id. Dustin had been
sitting in the kitchen; he heard the commotion and came out of the kitchen
1There was some disagreement among the witnesses as to what type or how many knives
Appellant had. Crouch's daughter-in-law did not see a knife. 4 RR 32. Dustin observed
only one knife. 4 RR 39. Burk observed a long knife, "almost machete size." 4 RR 52.
and began fighting and wrestling with Appellant. Id. at 17, 35. Burk fled to
the carport. Id. at 42. As the two men fought, Dustin pushed Appellant out
the door and into the carport. Id. at 17,43. Seeing Burk out there,
Appellant came running at her again, but was foiled when Dustin threw a
crate at him. Id. at 43. Appellant then abandoned the encounter and went
down the alleyway where Crouch kept a number of storerooms. Id. at 17,
35. Appellant started coming back from the storerooms2 when the Ector
County Sheriffs Office arrived and apprehended him. Id. at 36. Police did
not find Appellant with any knives; however, Crouch's son later found a
knife among the storage units. Id. at 61-62. He called the Sheriffs
Deputies, who returned and retrieved theknife.3 Id. at 62.
Appellant testified at trial that he did indeed force his way into
Crouch's home, although he denied having had a weapon. 4 RR 100. The
jury convicted Appellant of the lesser-included offense of burglary of a
habitation with intent to commit assault.
2Although stating that Appellant attacked Burk with the knife "twice," Burk seemed to
testify that Appellant came at her with a knife a third time after he came back from the
storage sheds, and states that Dustin was inside at the time. It appears in that case that
Sheriffs Deputies separated them. 4 KK 53.
3The knife was logged into evidence, but there was apparently a plea to another matter
which resulted in the knife being destroyed. 4 RR 70-71. Fingerprints were also not
taken. 4 RR 75.
Summary of the Argument
The evidence was legally sufficient to sustain the jury's finding that
Appellant was guilty of the charged offense. Several State's witnesses
testified that Appellant forced his way into a residence that he had no
permission to enter, and assaulted some of the occupants. The jury assessed
the credibility of the State's witnesses and Appellant and, based upon those
assessments, adjudged Appellant guilty of burglary of a habitation with the
intent to commit assault. Appellant failed to preserve error in connection
with his complaint about not receiving a list of grand jury witnesses, and in
any event he does not make the requisite showings necessary to obtain relief
under Brady. With regard to Appellant's complaint that the trial court made
a handwritten correction on the verdict form, Appellant has cited no
authority in support of his position that this was improper, and fails to cite to
the record where his counsel objected to this alleged impropriety.
Argument
I.
The evidence was legally sufficient to sustain the jury's finding
that Appellant committed the offense of burglary of a habitation with
intent to commit assault
Although he does not designate issues or points of error, Appellant
seems to argue that the evidence was insufficient to support his conviction.
10
When reviewing a case for legal sufficiency, this Court should view all of
the evidence in the light most favorable to the verdict and determine whether
any rational trier of fact could have found the essential elements of the crime
beyond a reasonable doubt." Winfrey v. State,
323 S.W.3d 875, 878-79 (Tex.
Crim. App. 2010) (citing Jackson v. Virginia,
443 U.S. 307, 319 (1979)).
Thus, this Court should "determine whether the necessary inferences are
reasonable based upon the combined and cumulative force of all the
evidence when viewed in the light most favorable to the verdict."' Id. at 879.
(quoting Clayton v. State,
235 S.W.3d 772, 778 (Tex. Crim. App. 2007)). "It
has been said, quite appropriately, that '[t]he appellate scales are supposed to
be weighted in favor of upholding a trial court's judgment of conviction, and
this weighting includes, for example, the highly deferential standard of
review for legal-sufficiency claims.'" Id. The Court "must therefore
determine whether the evidence presented to the jury, viewed in the light
most favorable to the verdict, proves beyond a reasonable doubt that
appellant" committed the crime for which the jury found him guilty. See id.
The appellate court is not required to believe the record evidence, nor to pass
on the credibility ofwitnesses. The jury exclusively judges the credibility
and weight oftestimony. Jones v. State,
944 S.W.2d 642, 647 (Tex. Crim.
App, 1996). The jury is free to draw reasonable inferences from basic facts
11
to ultimate ones. Sanders v. State,
119 S.W.3d 818, 820 (Tex. Crim. App.
2003). The appellate court's duty is simply to pass on whether a rational trier
of fact could have found all of the essential elements beyond a reasonable
doubt. Johnson v. State,
803 S.W.2d 272,279 (Tex. Crim. App. 1990). The
verdict may not be overturned unless it is irrational or unsupported by proof
beyond a reasonable doubt. Matson v. State,
819 S.W.2d 839, 846 (Tex.
Crim. App. 1991); see also Swearingen v. State,
101 S.W.3d 89, 94 (Tex.
Crim. App. 2003).
In this case, the record is replete with evidence that Appellant
committed the offense of burglary with intent to commit assault. Crouch
testified that Appellant popped open the door to her residence and knocked
her down flat on her back. 4RR16, 20. She further testified that Appellant
did not have permission to enter her house. Id. at 24. Dustin Burk testified
that upon entering Crouch's home Appellant was "going for my mother."
Id. at 35. Burk also testified that after Appellant forced his way in "he's
coming at me and shouting I'm going to kill you, bitch." Id. at 42. She also
testified that Appellant "is jumping at me" when Dustin came to her aid. Id.
When Burk flees to the carport, Appellant comes at her again, but is foiled
when Dustin throws a crate at him. Id. at 43. A victim's testimony is alone
sufficient to sustain a conviction for an assaultive offense, even where the
12
victim's memory was not perfect and her statements not always completely
consistent. See Padilla v. State,
254 S.W.3d 585, 590 (Tex.App.~Eastland
2008, pet. refd). This Court should not resolve any conflict of fact, weigh
any evidence, or evaluate the credibility of the witnesses, as this was the
function ofthe trier of fact. See Dewberry v. State,
4 S.W.3d 735, 740 (Tex.
Crim. App. 1999). Here, the jury assessed the credibility of the State's
witnesses and Appellant and, based upon those assessments, adjudged
Appellant guilty of burglary with the intent to commit assault. This Court
should defer to that finding. Appellant's sufficiency of the evidence claim
should be overruled.
Appellant also seems to complain that the State did not provide him
with information regarding the identity ofwitnesses who testified before the
grand jury. The trial court's discovery order did require the State to disclose
that information. CR 11. However, there does not appear in the record any
objection or complaint from Appellant's counsel that this information was
not provided. Hence, error has not been preserved. Tex. R. App. Proc. 33.1
(a)(1)(A). Moreover, under its present incarnation, to succeed in showing a
Brady violation4, an individual must show that(1)the evidence is favorable
to the accused because it is exculpatory or impeaching; (2) the evidence was
4Appellant does not mention Brady or exculpatory evidence in his brief. However, the
State thinks this may be what he is trying to argue.
13
suppressed by the government or persons acting on the government's behalf,
either inadvertently or willfully; and (3) the suppression of the evidence
resulted in prejudice (i.e., materiality). Ex parte Reed,
271 S.W.3d 698, 726-
727 (Tex. Crim. App. 2008). Appellanthas not made these showings. This
poinfof error shoujkibe overruled.
Appellant also seems to complain ofthe trial court's handwritten
jiotatipns on the verdict form; specifically, adding "with intent to commit
assault" to the burglary of a habitation charge. Clearly it was a
typographical error to omit that phrase, and the trial court (presumably it was
the trial court) corrected it. First, Appellant has cited no authority in support
of his position that this was improper, and thus has waived that argument.
Tex. R. App. P. 38.1(i); see also Knight v. State,
406 S.W.3d 578, 590 (Tex.
App. ~ Eastland 2013, pet. ref d). Second, Appellant's counsel did not
object to this alleged impropriety and hence waived any such complaint. See
Tex. R. App. Proc. 33.1 (a)(1)(A). This issue should also be overruled.
Conclusion and Prayer
The State of Texas prays this court overrule Appellant's points of
error and affirm Appellant's conviction.
14
Respectfully Submitted,
Michael Bloch
Ector County District Attorney's Office
BY: /s/ Michael Bloch
Michael Bloch
Assistant District Attorney
SBN 24009906
blochmj@co.ector.tx.us
Ector County Courthouse
300 N. Grant, Room 305
Odessa, Texas 79761
(432) 498-4230 Phone
(432) 498-4293 Fax
Certificate of Service
I certify that on this 5th day of September, 2014, a copy of the
foregoing State's Appellate Brief was mailed to
Johnny Craig Trout
P.O. Box 1793
Quinlan, Texas 75474
/s/ Michael Bloch
Michael Bloch
Certificate of Compliance
I certify that the foregoing brief consists of 2,355 words and is typed
in 14-point Times New Roman Font.
/s/ Michael Bloch
Michael Bloch
15
CAUSE NUMBER ll-X3-0Oa77-CR
IN THE COURT OF APPEALS
ELEVENTH DISTRICT OF TEXAS
JOHNNY CRAIG TROUT,
Appellant
THE STATE OF TEXAS,
Appellee
On appeal from the 70th Judicial District Court
of Ector County, Texas
Trial Court Cause Number A-37,204
STATE'S MOTION REQUESTING THAT THIS COURT ORDER
APPELLANT TO REDRAW HIS APPELLATE BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW APPELLEE, THE STATE OF TEXAS, by and through
Assistant Ector County District Attorney Michael Bloch, and files this its motion
requesting that this Court order Appellant to redraw his appellate brief, and in
support thereof, would respectfully show this Honorable Court as follows:
Paget
I.
***** filed his btiefin mcase m^ 12> 20M ^ ^ brfefjs
due June 26, 2014.
JJ.
The State fully acknowledge, TeX. R. App. P. 38.9. which provides that
briefing rules a* to be construedliberally. In«. ^ however> ^ ^ fc ^
bnefdoes notin anywaywhafcoevercompiywitr"^;
Appearingin the briefa* statements identifyingAppellant's .nother, Karen ,„y
best ofthe State's knowJedge, is notan attorneyatal.. The briefdoes not
ma
mannertha, wouidallow the State to undenrtand the basis ofthis appeal. I,
-eludes severa, documents that are not in the appellaterecord. And, inthe State';
opinion, some ofit is unintelligible.
Page 2
m.
Because of these defects, the State is not sure how it can appropriately
respond to Appellant's brief. The State prays that this Court order Appellant to
redraw his brief pursuant to Rule 38.9 (a) and/orXb).
Respectfully Submitted,
Michael Bloch
Assistant District Attorney
Ector CountyDistrictAttorney's Office
Ector County Courthouse
300 N.Grant, Room 305
Odessa* Texas 79761
(432) 498-4230 Phone
(432) 498-4293 Fax
blochmj@co.ector.tx.us
Attorney for the State of Texas
By: /s/ MichaelBloch
Michael Bloch
State Bar No. 24009906
Assistant District Attorney
CERTIFICATE OF SERVICE
Pursuant to Rule 9.5 of the Texas Rules of Appellate Procedure, I certify that
on this 30* day of May, 2014, a copy of the foregoing motion was mailed to
Johnny Craig Trout, P.O. Box 1793, Quinlan, Texas 75474.
Page 3
/s/Michael Bloch
Michael Bloch
Assistant District Attorney
CERTD7ICATE OF COMPLIANCE
I certify that the foregoing Motion consists of 421 words and is typed in 14-
point Times New Roman font.
/s/ Michael Bloch
Michael Bloch
Assistant District Attomey
Page 4
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INDEX PAGE 1
CAUSE NO. A-37,204
The State Of Texas * IN THE DISTRICT COURT
*
Vs. * ECTOR COUNTY, TEXAS
Johnny Craig Trout * 70th DISTRICT COURT
INDEX
Front Cover 1
Index 2
Caption 5
Indictment, Filed April 20, 2010 6
Precept, Filed April 26, 2010 7
Waiver Of Arraignment, Filed May 4,2010 8
First Pre -Trial Orders, Filed May 4,2010 9
Bond, Filed May 14, 2010 14
Open File Policy Letter, Filed July 6,2010 16
Motion to Substitute Counsel, Filed July 28,2010 17
Order For Motion To Substitute Counsel, Filed August 5, 2010 ..19
Open File Policy Letter, Filed September 3,2010 20
Motion For Continuance, Filed January 31, 2011 21
Order Granting Defendant's Motion For Continuance, Filed January 31, 2011 23
Motion For Continuance, Filed April 1, 2011 24
Order Granting Defendant's Motion For Continuance, Filed April 1,2011 26
Motion For Continuance, Filed May 4, 2011 27
Order Granting Defendant's Motion For Continuance, Filed May 4,2011 29
INDEX PAGE 2
Motion For Continuance, Filed June 8, 2011 30
Order Granting Defendant's Motion For Continuance, Filed June 8, 2011 32
Order Resetting Jury Trial, Filed October 7, 2011 33
Order Resetting Jury Trial, Filed May 22, 2013 34
Order Resetting Jury Trial, Filed June 6, 2013 35
Order Resetting Jury Trial, Filed August 5, 2013 36
Motion For Continuance, Filed August 8, 2013 37
Order Granting Defendant's Motion For Continuance, Filed August 20, 2013 39
Order Resetting Jury Trial, Filed October 22,2013 41
Order On State's Motion In Limine, Filed November 20, 2013 42
State's Motion In Limine, Filed November 20, 2013 44
Request For Sentencing By Jury, Filed November 20, 2013 47
Application For Probation, Filed November 20,2013 48
Chosen Jury List, Filed November 20,2013 49
Defendant's Strike List, Filed November 20,2013 50
State's Strike List, Filed November 20, 2013 ..51
Charge Of The Court, Filed November 20, 2013 52
Verdict, Filed November 20, 2013 .SJ_
Charge of The Court, Filed November 20,2013 58
Verdict, Filed November 20, 2013 ..63
Judgment of Conviction By Jury, Filed November 20, 2013 64
Order Of The Court Granting Community Supervision, Filed November 20, 2013 66
Order Transferring Prisoner, Filed November 25, 2013 71
INDEX PAGE 3
Nunc Pro Tunc Judgment Of Conviction By Jury, Filed December 18, 2013 72
Order, Filed December 18, 2013 74
Notice Of Appeal- Pro Se Filing December 19, 2013 75
Docketing Certificate 76
Affidavit Of Indigency, Filed December 20, 2013 78
Trial Court Certificate Of Defendant's Right Of Appeal, Filed January 3,2014 81
Request For Extension Of Time 82
Court's Docket Sheet 83
Clerk's Certification 85
Back Cover 86
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKEWILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY
JUSTICE EASTLAND, TEXAS 76448 vvww.l lthcoa.courts.state.tx.us
December 19,2013
R. N. (Bobby) Bland, District Attorney Johnny Craig Trout
Ector County District Attorney's Office #4452,1
300 N.. Grant, Room 305 Ector County Jail
Odessa, TX 79761 PO Box 331
Odessa. TX 79761
RE: Appellate Case Number: 11-13-00377-CR Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
We have this day received and filed a copy of the Notice of Appeal and the Trial Court
Information Form from the trial court clerk in the above cause.
Pro se Appellant is requested to forward a docketing statement to our office on or before
January 3, 2014. See Tex. R. App .P. 32. A copy ofthe docketing statement is enclosed.
The Clerk's Record and Reporter's Record are now due for filing in the Court on or before
January 20, 2014. There is a new Request for Extension form on the Court's website, revised
4/2013. Please start using this form immediately.
A Certification of the Defendant's Right of Appeal did not accompany the Notice of Appeal.
Pursuant to the January 1, 2003, amendments of the Texas Rules of Appellate Procedure, please note
that the record must include the trial court's Certification of the Defendant's Right of Appeal. This
appeal may be subject to dismissal if the certification is not included in a Clerk's Record or
Supplemental Clerk's Record. Tex. R. App. P. 25.2. The trial court clerk is directed to fax the Certification
of Defendant's Right of Appeal on or before January 3, 2014 and ensure that the certification is included with
the Notice of Appeal in the Clerk's Record.
NOTICE: Effective January 1, 2014, e-filing will be mandatory in the Eleventh Court of
Appeals.
Respectfully yours,
Sherry Williamson, Clerk
By: Cheryl Busk, Deputy
cc: Tina Gregg, Court Reporter
X-
Denn Whalen, Judge
District Clerk - Ector County v*
JIM R.WRIGHT
CIIIEFJUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLS0N
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.llthcoa.courts.statc.tx.us
JUSTICE EASTLAND, TEXAS 76448
January 1.0,2014
R. N. (Bobby) Bland, District Attorney Johnny Craig Trout
Ector County District Attorney's Office #44521
300 N. Grant, Room 305 Ector County Jail
Odessa, TX 79761 PO Box 331
Odessa, TX 79761
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
We have this day received and filed the docketing statement and the trial court's Certification of
Defendant's Right of Appeal from Pro se Appellant in the above cause.
We note the Clerk's Record and Reporter's Record are due for filing in the Court on or before
January 20, 2014. There is a new Request for Extension form on the Court's website, revised
4/2013. Please start using this form immediately.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of Appeals. The
email address of an attorney or unrepresented party who electronically files a document must be
included on the front cover of the document and on the signature page.
Respectfully yours,
Sherry Williamson, Clerk
By: Cheryl Busk, Deputy
cc: Tina Gregg, Court Reporter
Denn Whalen, Judge
District Clerk - Ector County
JIM R. WRIGHT
CHIEF JUSTICE Court of Appeals SHERRY WILLIAMSON
CLERK
MIKE WILLSON
Eleventh District of Texas TELE: 254/629-2638
JUSTICE
100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P. O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY
JUSTICE www.l 1 thcoa.courts.state.tx.us
EASTLAND.-TEXAS 76448
January 31, 2014
Tina Gregg, Court Reporter District Clerk - Ector County
Horizon Reporters Janis Morgan
P.O. Box 4475 301 Courthouse
Odessa, TX 79760 3 00 North Grant Avenue
0^e5slTTir7976T~
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
Upon reviewing the file in the above cause, the Clerk's Record and Reporter's Record were
originally due to be filed on January 20. 2014.
The Court deems the failure to file a request for extension of time and the inordinate delay in
filing the record to be a serious matter. On the Court's own motion, the Court directs the District
Clerk and the Court Reporter to file the records in this cause on or before February 17, 2014. At
that time, the records must be electronically filed through the TAMES Records Submission Portal
for the Eleventh Court of Appeals.
NOTICE: Effective January 1,2014, e-filing is mandatory in the Eleventh Court of Appeals.
Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
cc: R. N. (Bobby) Bland, District Attorney
Denn Whalen, Judge
Johnny Craig Trout
JIc^u^EIGHT COUrt Of Appeals sherry Williamson
mikewillson Eleventh District of Texas .tele:254/629-2638
Jl,ST'CE 100WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
JOHN M. BAILEY P.O. BOX 271 sherry.williamson@txcourts.gov
justice EASTLAND, TEXAS76448 www.llthcoa.courts.state.tx.us
February 6, 2014
Johnny Craig Trout
#44521
Ector County Jail
PO Box 331
Odessa, TX 79761
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
Upon reviewing the file in the above cause, please note that the record was due for filing
in this Court on February 17, 2014.
The District Clerk and Court Reporter have notified us that Appellant has not paid for the
Clerk's Record or Reporter's Record, nor filed a Designation of Clerk's Record or Reporter's
Record. Since Judge Whalen signed an order on December 18, 2013 finding Appellant not
indigent, Appellant is responsible for payment of the records.
The payments and designations are due for filing with the District Clerk and Court
Reporter with proof received in this Court by February 17, 2014. Otherwise, this appeal may be
dismissed. Tex. R. App. P. 37.3(b).
If the above requirements are met by February 17, 2014, the Clerk's Record and
Reporter's Record will be due for filing on or before March 19,2014.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of
Appeals. Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
cc: R. N. (Bobby) Bland, District Attorney (DELIVERED VIA E-MAIL)
Tina Gregg, Court Reporter (DELIVERED VIA E-MAIL)
Derm Whalen, Judge (DELIVERED VIA E-MAIL)
District Clerk - Ector County (DELIVERED VIA E-MAIL)
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKEWILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.l 1 thcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
March 21, 2014
R. N. (Bobby) Bland, District Attorney Johnny Craig Trout
Ector County District Attorney's Office #44521
300 N. Grant, Room 305 Lynn County Jail
Odessa, TX 79761 P.O. Box 277
* DELIVERED VIA E-MAIL * Tahoka, TX 79373
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
We have this day received and filed the Clerk's Record (1 volume) in the above cause.
We note the Reporter's Record was due for filing in this Court March 19,2014.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of Appeals.
Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
By: Cheryl Busk, Deputy
cc: Tina Gregg, Court Reporter (DELIVERED VIA E-MAIL)
Denn Whalen, Judge (DELIVERED VIA E-MAIL)
District Clerk - Ector County (DELIVERED VIA E-MAIL)
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKEWILLSON
JUSTICE
100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williainson@txcourts.gov
JOHN M. BAILEY
www.l lthcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
April 15, 2014
R. N. (Bobby) Bland, District Attorney Johnny Craig Trout
Ector County District Attorney's Office #44521
300 N. Grant, Room 305 Ector County Law Enforcement Center
Odessa, TX 79761 P.O. Box 331
* DELIVERED VIA E-MAIL * Odessa, TX 79760
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
We have this day received and filed Reporter's Record (6 volumes) in the above cause.
Appellant's brief is now due for filing in this Courton or before May 15, 2014.
NOTICE: Effective January 1, 2014, e-filing* is mandatory in the Eleventh Court of Appeals.
Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
By: Cheryl Busk, Deputy
cc: Tina Gregg, Court Reporter (DELIVERED VIA E-MAIL)
Denn Whalen, Judge (DELIVERED VIA E-MAIL)
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.llthcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
May 12, 2014
Johnny Craig Trout
#44521
Ector County Law Enforcement Center
P.O. Box 331
Odessa, TX 79760
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
The Court has this day received correspondence from you in the above cause.
Respectfully yours,
^TKAAA*-j-
Sherry Williamson, Clerk
By: Johanna Blair, Deputy
cc: R. N. (Bobby) Bland, District Attorney (DELIVERED VIA E-MAIL)
JIM R.WRIGHT
CHIEKJUST1CE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.llthcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
May 27, 2014
R. N. (Bobby) Bland, District Attorney Johnny Craig Trout
Ector County District Attorney's Office PO Box 1793
300 N. Grant, Room 305 Quinlan, TX 75474
Odessa, TX 79761
* DELIVERED VIA E-MAIL *
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout v. The State of Texas
We have this day received and filed a letter from Johnny Craig Trout stating papers
received on May 12, 2014 were intended to be Appellant's pro se brief. Appellant's pro se brief
is now filed as of May 12, 2014.
State's brief is now due for filing on or before June 26, 2014.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of Appeals.
Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
By: Cheryl Busk, Deputy
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.llthcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
August 14, 2014
R. N. (Bobby) Bland, District Attorney Michael Bloch, Assistant
Ector County District Attorney's Office Ector County District Attorney's Office
300 N. Grant, Room 305 300 N. Grant, Room 305
Odessa, TX 79761 Odessa, TX 79761
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Johnny Craig Trout
PO Box 1793
Quinlan, TX 75474
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
The Court has this day OVERRULED State's motion to strike Appellant's brief in the
above cause.
It is noted State's brief is due for filing in the Court on or before September 5, 2014.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of
Appeals. Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLS0N
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.llthcoa.courts.state.tx.us
JUSTICE EASTLAND, TEXAS 76448
September 5, 2014
R. N. (Bobby) Bland, District Attorney Michael Bloch, Assistant
Ector County District Attorney's Office Ector County District Attorney's Office
300 N. Grant, Room 305 300 N. Grant, Room 305
Odessa, TX 79761 Odessa, TX 79761
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Johnny Craig Trout
PO Box 1793
Quinlan, TX 75474
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
State's brief has this day been received and filed in the above cause.
You will be advised when this case is set for submission.
NOTICE: Effective January 1, 2014, e-filing is mandatory in the Eleventh Court of
Appeals. Documents MUST contain an email address.
Respectfully yours,
Sherry Williamson, Clerk
By: Myrna McGough, Deputy
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
CLERK
MIKE WILLSON
Eleventh District of Texas TELE: 254/629-2638
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX 271 sherry.williamson@txcourts.gov
JOHN M. BAILEY
JUSTICE EASTLAND, TEXAS 76448 www.txcourts.gov/1 lthcoa
July 27, 2015
R. N. (Bobby) Bland, District Attorney Michael Bloch, Assistant
Ector County District Attorney's Office Ector County District Attorney's Office
300 N. Grant, Room 305 300 N. Grant, Room 305
Odessa, TX 79761 Odessa, TX 79761
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Johnny Craig Trout
PO Box 1793
Quinlan, TX 75474
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
The above cause has been set for submission on briefs in the Court of Appeals for the
Eleventh District of Texas on August 20, 2015. You will be advised when an opinion is handed
down.
The panel assigned to this case will be Chief Justice Wright, Justice Willson, and Justice
Bailey. This panel is subject to change by the Court.
Respectfully yours,
Sherry Williamson, Clerk
JIM R. WRIGHT
CHIEF JUSTICE
Court of Appeals SHERRY WILLIAMSON
. .CLERK
Eleventh District of Texas TELE: 254/629-2638
MIKE WILLSON
JUSTICE 100 WEST MAIN STREET, SUITE 300 FAX: 254/629-2191
P.O. BOX271 sherry.williamson@txcourts.gov
JOHN M. BAILEY www.txcourts.gov/1 lthcoa
JUSTICE EASTLAND, TEXAS 76448
August 28, 2015
R. N. (Bobby) Bland, District Attorney Michael Bloch, Assistant
Ector County District Attorney's Office Ector County District Attorney's Office
300 N. Grant, Room 305 300 N. Grant, Room 305
Odessa, TX 79761 Odessa, TX 79761
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
Johnny Craig Trout
PO Box 1793
Quinlan, TX 75474
RE: Appellate Case Number: 11-13-00377-CR
Trial Court Case Number: A-37,204
Style: Johnny Craig Trout
v. The State of Texas
The Court has this day AFFIRMED thejudgment of thetrial court in the above cause.
Copies of the Court's opinion and judgment are attached.
Appellant is advised that a Petition for Discretionary Review may be filed with the Clerk,
Court of Criminal Appeals. Austin. Texas. No copy is required for the Eleventh Court of
Appeals.
Respectfully yours,
Sherry Williamson, Clerk
cc: Dean Rucker, Administrative Judge (DELIVERED VIA E-MAIL)
Denn Whalen, Judge (DELIVERED VIA E-MAIL)
District Clerk - Ector County (DELIVERED VIA E-MAIL)
1 lTH COURT OF APPEALS
EASTLAND, TEXAS
JUDGMENT
Johnny Craig Trout, * From the 70th District Court
of Ector County,
Trial Court No. A-37,204.
Vs. No. 11-13-00377-CR * August 28, 2015
The State of Texas, * Memorandum Opinion by Willson, J.
(Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.)
This court has inspected the record in this cause and concludes that there
is no error in the judgment below. Therefore, in accordance with this court's
opinion, the judgment ofthe trial court is in all things affirmed.
The State of Texas In The 70th District
• *
v. Court
JOHNNY CRAIG TROUT ECTOR County, Texas
State ID No.: TX02801787
NUNC FRO TUNC JUDGMENT OF CONVICTION BY JURY
VU&tUSU&F7f?"
Judge Presiding: Hon. DENN WHALEN Date Judgment
Entered:
11/21/2013
Attorney for
Attorney for State: AMANDA NAVARETTE «JEFF ROBNETT
Defendant:
Offense for which Defendant Convicted:
LESSER INCLUDED OFFENSE OF BURGLARY OF A HABITATION WITH INTBNT ff@ COMMIT
ASSAULT T-i ww
Oharflw Tnstrument: Statute for Offense: .O'CfOCK
INDICTMENT 30.02 Penal Code
Date ofOffense:
mi/2010 DEC 1 i 2013
Degree of Offense: PfeaJoOffengei
2ND DEGREE FELONY NOT GUn/FY gstrirt qerH-foftw C^imtv/axas
Verdict ofJury: Findings on Deadly Weapon:
GUILTY N/A 8V
Plea to 1st Enhancement Plea to 2nd Enhancement/Habitual
Paragraph: N/A Paragraph: N/A
Findings on 1st Enhancement Findings on Z"4
Paragraph: N/A Enhancement/Habitual Paragraph: N/A
Punished Assessed by: Dh^aRftntPnce Imposed: Date Sentence to Commence:
JURY 11/21/2013 11/21/2013
Punishment and Place
of Confinement: FIVE (5) YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
[Xj SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR TEN (10)
YEARS.
Fine: Court Costa: Restitution: Restitution Payable to:
$ 5,000.00 $ 264.00 $0 D VICTIM (see below) D AGENCY/AGENT (see below)
1 I Attachment A, Order to Withdraw Funds, is incorporated into ftfo judgment and wade apart hereof.
Sox Offender Registration Requirements do not apply to the Defendant. TEX. Code Ckim.Pkoc. chapter62.
The age ofthe victim at the time of the offense was N/A .
If Defendant wt tomtvti asntence in TDCJT enter imarociTitiiin pcrteds in <:hrunufaj»icnl order.
From to From to From to
Time Prom to From to From to
Credited:
If Defendant fa to scrta? janrtcnt*in mmity fafl or is give« credit toward fine and costs, litter days credited tehiw.
_ _JADAYS NOmN/A _ _____
All pertinent information, names and assessments Indicated above are incorporated into the language ofthe judgment bah— by reference.
This cause was called for trial in Ector County, Texas. The State appeared by her District Attorney.
Counsel / Waiver of Counsel {select one)
__. Defendant appeared in person with Counsel.
LJ Defendant knowingly, intelligently, andvoluntarily waived the rightto representation by counsel in writingin opencourt.
It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging
instrument Both parties announced ready for trial Ajnry was selected, impaneled, and sworn. The INDICTMENT was read to the
jury, and Defendant entered a plaa to the charged offense. The Court received the plea and entered it of record.
TROUT, JOHNNY JUC fage 1 of 2
72
xne uourt received the verdict and ORDERED it entered upon the minutes of the Court.
.,, P"awntAssessed bv Jury/ Court/ No election feelect one)
&3 Jury. De^ndantentered aplea and filed awritten electionto have the jury assess pronshment The jury heard evidence relative to
ttoquestron ^punishment. The Court chargedthejury and itretired to conader the o^estion ofpunishment After due deliberation
the jury was broughtinto Court,and, in open court,it returned its verdictas indicatedabove.
• Court Defendant elected to have the Court assess punishment. After hearing evidence relative to the o^iesticn ofpunishment the
Court assessed Defendant's punishment as indicated above. —» ««=
DNo Election. Dafeialant did notfife a written elections
ewidencerelaftve tothequestion ofpunmhment, theCourt assessed Defendants punislnnent asindk^ "
o»rr» nJ"? P"? Fm°S Defenda^OTJ[Btoitted the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUILTY ofaeabove offense. The Court Finds the Presentence Investigation, if so ordered, was done according to theapplicable
provisions ofTEX Code Cmm. Ph0C. art 42.12 §9. ««-«»»
The CourtOBDERS Defendant punished as indicated above. The CourtOrders Defendant topay all fines, court costs, and
restitution as indicated above. —. «•«•»
p"infr»TMlt Potions feelect one)
g Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent ofthe State ofTexas or the
Sheriffofthis County to take, safer/ convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court
OBDEaa Defendant to be confined for theperiod and in the manner indicated above. The Court ORDERS Defendant remanded tothe
custody ofthe Sheriffofthis county until the Sheriffcan obey the directions ofthis sentence. The Court Orders that upon release
from confinement Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court
OrdersDefendant topay, or mate arrangements topay, any remaining unpaid fines, court costs, and restitution asordered bvthe
Court above. J
D County JaU—Confinement /Confinement in Lien ofPayment The Court ORDHBSDefend^tiinmedmtelycommitted to
thecustody ofthe SheriffofEctorCounty, Texas onthe date tlm sentence fe tocommenoe. Defendant shan beconfined in theEc"^
County Jail for the period indicated above. The Court Orders that upon release from confinement Defendant shall proceed
immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or mate
arrangements to pay,anyremaining unpaidfines, court costs, andrestitutionas ordered by the Courtabove.
U Fine Only Payment The punishment assessed against Defendantis&r aFINE ONLY. The Court Orders Defendant to proceed
immediately to the Office ofthe Ector County . Once there, the Court ORDERS Defendant to pay or make arrangements to pay all
fines and court costs as ordered by the Court in this cause.
_ Execution /Suspension ofSentence fselect one)
LJ The Court ORDERSDefendants sentence EXECUTED.
__3 The Court ORDERS Defendants sentence ofconfinement SXfflPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) bo long asDefendant abides byanddoes notviolate the termsandconditions of
community stroervision. The order setting forth theterms and conditions ofcommunity suj>ervision is incorporated into this
judgment by reference.
The Court Orders thatDefendant is given credit noted above onthissentence for thetimespent incarcerated.
Furthermore, the following special findings or orders apply;
DEPENDANT SHALL SERVE 180 DAYS IN THE ECTORCOUNTY JAIL AS A CONDITION OF PROBATIONTO BE
SERVED BEGINNING 11/25/13
$50.00 CRIME STOPPERS FEE
Signed and entered on November 21,2013
mgNwwffAr.iew
JUDGE PRESIDING
Clerk:.
Right Thumbprint
TROUT. JOHNNY JOC Page 2of2 JO
§ In The 70th District
he Stats* of Texas?
§
§ Court
§
§ ECTOR COUNTY, Texas
OHNNY CRAIG TROUT
§
TATE ID NO.: TX02501787 §
JUDGMENT OF CONVICTION BY JURY
Date Judgment 11/20/2013
idge Presiding: HON. DENN WHALEN Entered:
Attorney for JEFF ROBNETT
ttomey for State: AMANDA NAVARETTE Defendant:
*gS££&5n3£a£^ OF BURGLARY OF AHABITATION WITH INTENT TOCOMMIT
Assault - . »-
Statute for Offense:
Wfcetr
lb arcing Instrument
30.02 Penal Code _lL ut*twGVll0Ck~
NDICTMENT
latonf Offense:
Vll/2010 PIga to Offense: wrwim~
)t>Pfree of Offense: NOT GUILTY
»ND DEGREE FELONY VinAinr* on Deadly Weapon: UlSOTCt Cleft JE«t0r C0Unty„TfeX8S
TorAir± of Jury: xr/A eOMrSrsi . ,*\ i-—•4rate Senten~» *» finmrnence:
Presentence Imposed: 11/on/2013
11/20/2013 11/20/201J
Punishment and Place FIVE (5) YEARS INSTITUTIONAL DIVISION, TDCJ
of Confinement
~n—***cmauu.m CONCURRENTLY.
THIS SENTENCE saflubn^ ~
_ __, .
Fine
Court Costs: Restitution:
$0
ffggBKSS, nAGEHCY/AGEKTagb^
ftnn on $x 264.00
aoi.w v ~ ,
$ 5,000-00
Sex Offender Registration Requirements do not apply to the Defend
Th. aee ofthe victim at thetimo oftbe offense was N/A ;""""""^T^
From to ^ Fn,m to From *>
Pmm to From *°
^..„«»» /Waivnr of Counsel (select one)
Kl Defendant appeared in person with Counsel. representation by counsel in writing in open court.
Page 1of 2
TROUT. JOHNNY JOC
The Court received the verdict and ORDERED it entered upon the minutes of the Court.
' Famishment Assessed by Jury / Court / No election (select one)
E_3 Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to
the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation,
the jury was brought into Court, and, in open court, it returned its verdict as indicated above.
O Court Defendant elected to have the Court assess punishment After hearing evidence relative to the question of punishment, the
Court assessed Defendant's punishment as indicated above.
I~l No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing
evidence relative to the question of punishment the Court assessed Defendant's punishment as indicated above.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions ofTEX. CODE CRIM. PROC. art 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and
restitution as indicated above.
Punishment Options (select one)
E3 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent ofthe State ofTexas or the
Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court
ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the
custody of the Sheriffofthis county until the Sheriffcan obey the directions ofthis sentence. The Court ORDERS that upon release
from confinement Defendant proceed immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court
ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the
Court above.
PI County Jail—Confinement / Confinement in Lieu of Payment The Court ORDERSDefendant immediately committed to
the custody ofthe Sheriff of Ector County, Texas on the date the sentence is to commence. Defendant shall be confined in the Ector
County Jail for the period indicated above. The Court Orders that upon release from confinement Defendant shall proceed
immediately to the ECTOR COUNTY COMPLIANCE DEPARTMENT. Once there, the Court Orders Defendant to pay, or make
arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
Q Fine Only Payment The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed
immediately to the Office of the Ector County . Once there, the Court ORDERS Defendant to pay or make arrangements to pay all
fines and court coste as ordered by the Court in this cause.
Execution / Suspension of Sentence (select one)
ED The Court ORDERSDefendant's sentence executed.
_*_ The Court ORDERS Defendants sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community
supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of
community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this
judgment by reference.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore, the following special findings or orders apply:
DEFENDANT SHALL SERVE 180 DAYS IN THE ECTOR COUNTY JAIL AS A CONDITION OF.PROBATION TORE
SERVED BEGINNING 11/25/13
$50.00 CRIME STOPPERS FEE
Signed and entered on November 20, 2013
DENN
l\
forALEN
(X a "
JUDGE PRESIDING
Clerk:\^_V__i_Mai_(_i1A^
Right Thumbprint
TROUT. JOHNNY JOC Page 2 of2
TAe Joy ujas faVcr th^c Q/jf " ^
Xo ,°n^ r°de ]N Coo»+ onJ No^, X , ,
x oe,^ cix^xxfd^a^p"s
\Jo\unoL s/
[dolun.PL '
*.//ate O'cJcct fl/vnkcjr. //-/?-** 3 77-oe
»pp NO. f\ ^>11j>H
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
§
§ 70th JUDICIAL DISTRICT
§
§
§
JOHNNY TROUT ECTOR COUNTY, TEXAS
DEFENDANT'S REQUEST FOR SENTENCING BY JURY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the undersigned attorney on behalf of
DEFENDANT, and files this DEFENDANT'S REQUEST FOR SENTENCING
BY JURY, requesting in this Cause Number now pending in this
Court, that the JURY impose any sentence in the event of
conviction of Defendant.
Respectfully submitted,
The Law Offices of Jeff
Robn^tl
FILED /
.o'Glock Jef f r eyS^yH
ATTORNEY FOR DEFENDANT
//^fcXy^ £ p*?yi / "2-
k)yAMsvj X&usv^ cy &% Q^cX&p sy<*&&<6&*y t<=>*
47
Appellate Docket- N.T7-Ol{
CHIEF DEPUTY DISTRICT ATTORNEY
Room 305, 300 North Grant
Linda Deaderick
Odessa, Texas 79761
A.C. 432-498-4230 • Fax 432-498-4293 DEPUTY DISTRICTS ATTORNEYS
Leonard J. Bruce
Lee McClendon
R.N. (Bobby) Bland M. Scott Layh
Justin Cunningham
District Attorney Maggie Marmolejo
Ector County Laura M. Patel
70th, 161st, 244th, 358th Judicial Districts
July 6, 2010
Ms. Laura Carpenter
506 N. Sam Houston
Odessa, Texas 79761
Re: Cause No. A-37,204
The State of Texas vs. JOHNNY CRAIG TROUT
Dear Ms. Carpenter:
I have authorityat this time to make an offer of Twelve (12) Yearsin the Texas Department of
Criminal Justice, court costs and full restitution, in return for your client's voluntary plea of
guilty.
Sincerely,
Justin Cunningham
Deputy District Attorney
JC/ld
Ajfe.ll«it. Docket Nwb^r \)-W 00"}T7-Cf{
n nET ntpirrr DISTRICT ATTORNEY
Room 305, 300 North Grant
Linda Deaderick
Odessa, Texas 79761
DEPUTY DISTRICTS ATTORNEYS
A.C. 432-498-4230 • Fax 432-498-4293
Leonard J. Bruce
Lee McClendon
R.N. (Bobby) Bland M. Scott Layh
Justin Cunningham
District Attorney Maggie Marmolejo
Ector County Laura M. Patel
70th, 161st, 244th, 358th Judicial Districts
September 3, 2010
Jeff Robnett
Attorney at Law
P.O. Box 1583
Midland, TX 79702
RE: Cause No. A-37,204 -The State of Texas vs. JOHNNY CRAIG TRt)UT
Dear Counsel:
I have authority at this time to make an offer of Twelve (12) Years in the Institutional
Division ofthe Texas Department ofCriminal Justice, courtcosts and full restitution. Ifyour
client has no other pending criminal charges, either indicted or unindicted
Sincerely,
Justin Cunningham
Deputy District Attorney
JC/kcg
Cc f-7-ri
igj vv i f v v l
Room ?03. MO North Gram a ™k6m_WI -H-g._Hlliy. DIbTmct attorney
Odcua, Tckii? 797*1 \d_uH__«k_W&^/ I,tml» relink*.
.VC.4,2-49».4:J0-Fax432-4M.42M ""^ deputy districts ATTfMffi
t.t't)i\.ir«l J, Hiurr
l.V—Nl"'.'""^ /I-io~i3 <£^ *f: 2-V-
MUJO
n'ctOCk
NOV 8 0 OT
iCtor County Texas
57
NO. A-37,204
THE STATE OF TEXAS IN THE DISTRICT COURT
VS. OF ECTOR COUNTY, TEXAS
JOHNNY CRAIG TROUT 70TH JUDICIAL DISTRICT
VERDICT
We, the Jury, having previously found the Defendant, JOHNNY CRAIGJROUT,
guilty beyond a reasonable doubt of the offense of Burglary ofa Habitation, as charged in Q-t&^+Jb-
the Indictment, assess his punishment at confinement in the Institutional Division of the
Texas Department of Criminal Justice for years.
In addition thereto, WE DO / WE DO NOT assess a fine in the amount of
$
FOREPERSON
62
