Quinton Jackson v. State

CAUSE NO. 42425-B
THE STATE OF TEXAS § IN THE 124™ DISTRICT COURT
FILED IN
6th COURT OF APPEALS
vs. § INANDFOR TEXARKANA, TEXAS
2/18/2015 8:39:44 AM
QUINTON JACKSON § GREGG COUNTY, TEXAS
DEBBIE AUTREY
FILED
Clerk
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Defendant in the above
cause, by and through Defendant's Attorney of Record, and shows
the Court the following:
I.
The defendant was convicted of the offense of Injury
Child/Elderly/Disabled w/Int. Bodily Inj. and sentenced to ten
years' confinement in the Texas Department of Criminal Justice-
Institutional Division on the 24th day of November, 2014.
II.
That the Defendant properly and timely filed his Motion for
a New Trial.
III.
That the Defendant hereby gives written Notice of Appeal
from said judgment of conviction and sentence to the 124th
District Court of Gregg County, Texas and to the Court of
Appeals for the Sixth Judicial District of Texas at Texarkana,
Texas, within 90 days of the date of sentencing.
RESPECTFULLY SUBMITTED,
ATTORNEY FOR DEFENDANT
140 E. TYLER STREET, SUITE 240
LONGVIEW, TX 75601
903-753-7071 FAX 903-753-8783
STATE BAR # 06249300
13. Trial was by: Court
14. Punishment assessed: Ten years' confinement in the Texas Department of Criminal
Justice-Institutional Division.
15. Whether appeal is from a pretrial order: no
16. Whether appeal involves validity of a statute, ordinance or rule: no
17. Whether court reporter's record has been or will be requested: yes
18. Whether trial was electronically recorded: no
19. Court reporter: Tina Campbell
20. Whether motion and affidavit of indigence filed: no
Respectfully submitted,
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CERTIFICATE OF APPELLATE COUNSEL
I hereby certify that the foregoing document was
electronically filed in the Court of Appeals, Sixth
District of Texas, 100 N. State Avenue #20, Texarkana,
TX 75501, on this ~ay of 2015.
CAUSE NO. 42425-B
THE STATE OF TEXAS § IN THE 124™ DISTRICT COURT
vs. § INANDFOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
ORDER
BE IT REMEMBERED, that on the day of
_______________ , 20 , came on to be considered the above and
foregoing Written Notice of Appeal. After consideration of the
same, it is the opinion of the Court that Defendant's Notice of
Appeal be:
GRANTED.
DENIED, to which ruling the Defendant excepts.
SET FOR HEARING ON THE day of
20 , at o'clock
SIGNED:
JUDGE PRESIDING
FILED
GREGG COUNlY.
CAUSE NO. 42425-B
THE STATE OF TEXAS §
vs. § IN AND FOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW QUINTON JACKSON, Defendant, by and through his attorney for
appeal, and files this Motion for New Trial in this case.
I.
Defendant would show the Court that there has been material error committed that is
calculated to injure the rights of Defendant.
II.
Defendant would show the Court that both the guilt/innocence verdict and the
punishment verdict are contrary to the law and the evidence on the case.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for new
trial be set for hearing, and, upon hearing, that the Court grants him a new trial.
Respectfully submitted,
~
Attorney at Law
140 E. Tyler Street, Suite 240
Longview, TX 75601
(903) 753-7071 Fax (903) 753-8783
State Bar # 06249300
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the foregoing document was this date provided to the Gregg County District Attorney's
Office.
Date: I :1·:?.2- 11/
Attorney at Law
140 E. Tyler Street, Suite 240
Longview, TX 75601
(903) 753-7071 Fax (903) 753-8783
State Bar# 06249300
CAUSE NO. 42425-B
THE STATE OF TEXAS § IN THE 124™ DISTRICT COURT
vs. § IN AND FOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
ORDER
BE IT REMEMBERED, that on the _ _ day of _ _ _ _ ____, 20_, came on to
be considered the above and foregoing Motion for New Trial. After consideration of the same, it
is the opinion of the Court that Defendant's Motion for New Trial be:
() GRANTED.
( ) DENIED, to which ruling the Defendant excepts.
( ) SET FOR HEARING ON THE day of _ _ _ _ __, 20_, at
- - o'clock
SIGNED:
JUDGE PRESIDING
CAUSE NO. 42425-B
THE STATE OF TEXAS § IN THE 124Tu DISTRICT COURT
vs. § INANDFOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
DEFENDANT DOCKETING STATEMENT
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, The Appellant and respectfully submits the
following docketing statement in the appeal of this cause of
follows:
1. Appellant's Name: QUINTON JACKSON
2. Appellant's Counsel: Clement Dunn
140 E. Tyler Street, Suite 240
Longview, TX 75601
903-753-7071 Fax 903-753-8783
State Bar # 06249300
3. Counsel is Retained
4. Date Motion for New Trial filed in Trial Court: 1?-??-14
5. Date Notice of Appeal filed: 02-17-15
6. Trail Court's Name: 124th DISTRICT COURT, GREGG COUNTY, TEXAS
7. Trial Court's County: Gregg County, Texas
8. Name of Judge who tried case: Judge Charles Alfonso
9. Date trial court imposed or suspended sentence in open court or date judgment or order
appealed from was signed: 11-24-14
I 10. Offense charge: Injury Child/Elderly/Disabled w/lnt. Bodily lnj.
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II 11. Date of Offense: 12-25-12
lj 12. Defendant's plea: Guilty
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13. Trial was by: Court
14. Punishment assessed: Ten years' confinement in the Texas Department of Criminal
Justice-Institutional Division.
15. Whether appeal is from a pretrial order: no
16. Whether appeal involves validity of a statute, ordinance or rule: no
17. Whether court reporter's record has been or will be requested: yes
18. Whether trial was electronically recorded: no
19. Court reporter: Tina Campbell
20. Whether motion and affidavit of indigence filed: no
Respectfully submitted,
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CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct copy of
the above and forgoing document was this date provided to the Gregg County District Attorney,
Gregg County Courthouse, Longview, TX.
Date: ~-I 1-/5'
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CAUSE NO. 42425-B
THE STATE OF TEXAS § IN THE 124m DISTRICT COURT
vs. § IN AND FOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
COMES NOW, the Defendant and files this his Request for
Clerk's and Court Reporter's Record and Exhibits on Appeal,
pursuant to the Texas Rules of Appellate Procedure, and requests
that the Clerk and Court Reporter of this Court make and prepare
the following matters for inclusion in the appellate record:
1. Indictment or criminal information.
2. All motions and pleadings filed by the Defendant, including the following:
Motion for Discovery.
Motion for Production and Inspection of Evidence and Information which may lead to
Evidence (Brady v. Maryland).
Defendant's Motion for List of State's Witnesses.
Defendant's Motion for court reporter to transcribe proceedings.
Defendant's Motion for Election as to Punishment.
Defendant's Motion for Severance.
Defendant's Motion for Continuance.
Defendant's Motion to Suppress Evidence
Defendant's Motion to Suppress Statements.
Defendant's Motion to Suppress Extraneous Offenses.
Defendant's Motion in Limine.
Defendant's Exceptions to the Indictment and Motion to Quash.
Defendant's Motion Challenging in Court Identification.
Defendant's Application for Probation from the jury.
Motion to Disclose Identity of Informer.
All written trial objections.
Motion to Shuffle Jury Panel.
Motion for Hearing to Determine Qualification of Reputation/Character Witnesses.
Defendant's Written Rule 609(f) Request.
Defendant's Motion for Change ofVenue and Supporting Affidavits.
Motion for an Instructed Verdict.
3. States's pleadings, including the Motions in Limine and all
Rulings of the Court thereon.
4. Court's dockets sheet and all docket entries made by the
Court.
5. List of entire persons, including the lists of the Court,
The State, and the Defendant.
6. The strike list reflecting the strikes made by the State and the list reflecting the names of
the venire persons who sat as jurors at this trial.
7. Transcription of the Voir Dire Examination of the composition of the jury panel,
including all statements and agreements made by the Court, the State, the Defendant,
the Defense counsel, and the venire persons.
8. Transcription of the hearing challenging the compositions
of the jury on Constitutional and statutory grounds,
including Batson grounds, and the ruling of the Court
Thereon.
9. Transcription of the Opening Statements made by counsel for
the Defendant.
10. Transcription of the testimony of all witnesses, and all
Evidence introduced, during all pre-trial hearings and the
hearings on the State's Motion to Revoke the Defendant's
Community Supervision, including the following:
Hearings on the Defendant's Motion to Suppress.
Hearings on admissibility of in court identification.
Hearing on admissibility of extraneous offenses.
Hearing on admissibility of a Defendant's statement.
Hearing challenging the sufficiency of the indictment of criminal information.
All hearings conducted on each defense motion.
Transcription of the testimony of all witnesses, and all evidence introduced, during the trial
and/or hearings, including the hearings to determine guilt/innocence and the punishment
and the hearing on the State's Application to Revoke Community Supervision.
Transcription of the testimony of all witnesses and all evidence introduced at hearings held
outside the presence of the jury, including the rulings of the Court.
All verbal and written communications between the Trial Court and the jury.
All communications between the Trial Court, the Defendant, counsel for the Defendant, and
counsel for the State.
All defense objections, verbal and in writing, made by the Defendant to the Court's Charge
submitted to the jury during the trial, on the issues of guilt/innocence and punishment,
and all rulings of the Court thereon.
All defense requested instructions, verbal and in writing, made by the Defendant to the Court's
charge submitted to the jury during the trial on the issues of guilt/innocence and
punishment and all ruling of the Court thereon.
All jury arguments of counsel for the State and counsel for the Defendant, during the hearings to
determine guilt/innocence and punishment.
The respective verdicts of the jury at the hearings to determine guilt/innocence and punishment.
All notes and other communications sent by the jury to the Court, the Court's responses thereto
and all defense objections and requested instructions made by the defense to each such
jury note and the response of the Court.
A transcription of all hearings in conjunction with the Defendant's probation revocation hearing.
All defense pleadings in conjunction with the Defendant's plea of guilty including the waiver of
jury, plea of guilty/nolo contendere, and judicial confession; the plea bargain agreement;
and the Court's admonition of rights.
A transcription of all hearings in conjunction with the Defendant's probation revocation hearing.
The judgment and sentence of the Court.
Defendant's original Motion for New Trial and all amended Motions for New Trial.
Transcription of all testimony and all evidence introduced at the hearing on the Defendant's
Motion for New Trial and Amended Motion for New Trial, and Amended Motion for
New Trial, and the Order of the Court thereon.
Defendant's Notice of Appeal.
The originals of all exhibits introduced into evidence before the jury.
The originals of all exhibits introduced into evidence before the Court.
Defendant's affidavit oflndigency and Motion for Free Transcript.
Defendant's Request for Clerk's and Court Reporter's Record and Exhibits on Appeal.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the
Clerk and the Court Reporter of this Court will make and prepare the foregoing materials and
include them in the appellate in this cause on appeal.
Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document was
this date provided to the Gregg County District Attorney's Office, Gregg County Courthouse,
Longview, TIC
Date: ~-17-15
CAUSE NO. 42425-B
I THE STATE OF TEXAS § IN THE 124™ DISTRICT COURT
vs. § INANDFOR
QUINTON JACKSON § GREGG COUNTY, TEXAS
ORDER
The foregoing Defendant's Request for Clerk's and Court Record and Exhibits on Appeal
filed by the Defendant was properly and timely brought to the attention of the Court and the
Court finds that same has merit. It is hereby ordered that the Clerk and each Court Reporter
involved in the proceedings herein make and prepare all matters set forth in the Defendant's
Request for Clerk's and Court Reporter's Record and Exhibits on Appeal, and file said matters
with the Clerk of the Court of Appeals immediately upon completion, and that the Clerk and
each Court Reporter furnish a copy of said documents to counsel for Defendant.
Signed and entered this the _ _day of _ _ _ _.2015.
Judge