Raymond Earl Barnett v. State ( 2015 )

ACCEPTED 06-14-00149-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/16/2015 2:04:16 PM DEBBIE AUTREY CLERK 06-14-00149-CR IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS AT TEXARKANA TEXARKANA, TEXAS 10/16/2015 2:04:16 PM RAYMOND EARL BARNETT DEBBIE AUTREY Clerk Appellant v. THE STATE OF TEXAS Appellee ON APPEAL FROM THE 336TH JUDICIAL DISTRICT COURT OF FANNIN COUNTY, TEXAS THE HON. LAURINE BLAKE, JUDGE PRESIDING TRIAL COURT CAUSE NO. 20922 APPELLANT’S MOTION TO PUBLISH TO THE HONORABLE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS. COMES NOW, Raymond Earl Barnett, Appellant, in the above styled and numbered cause, by and through Steven R. Miears, his undersigned attorney of record, and moves pursuant to T.R.A.P 47.2 that the Court designate its complete opinion on this case as PUBLISHED. Appellant would show that the Court has designated its opinion in this case as a “Memorandum Opinion.” Appellant would show that if an opinion establishes a new rule of law, or would otherwise be beneficial to litigants and their lawyers, it should be “PUBLISHED.” See T.R.A.P. 47.4 (a). 1|Page In the Court’s original and supplemental opinion addressing Appellant’s motion for rehearing, the Court sets forth important rules of law concerning jurisdiction, the right to severance under Texas Penal Code section 3.04, and, waiver of issues on appeal. WHEREFORE, PREMISES CONSIDERED, APPELLANT PRAYS the Court change its designation of the opinion from “Memorandum” to “Publish.” RESPECTFULLY SUMITTED, _____________________ Steven R. Miears 211 North Main Bonham, Texas 75418 eMail: stevenmiears@msn.com Tel. 903-640-4963 Fax: 903-640-4964 State Bar Card No. 14025600 Attorney for Appellant 2|Page Certificate of Service This is to certify that a true and correct copy of the above and foregoing Appellant’s Brief on Appeal was delivered by electronic filing to Richard E. Glaser, Fannin County Criminal District Attorney; 101 East Sam Rayburn Drive; Bonham, Texas 75418; on October 16, 2015; and, that a copy was mailed to the Appellant, Raymond Earl Barnett, TDC, Polunsky Unit, Inmate number 1332873, 3872 FM 350 South, Livingston, Texas 77351. _________________________________ Steven R. Miears 3|Page