Dixon, Wydell Lorraine

Court of Appeals of Texas·Decided May 15, 2015·No. PD-0066-15·Published

Opinion

TO THE COURT OF CRIMINAL APPEALS OF TEXAS

PD-0064-15, PD-0065-15, PD-0066-15, PD-0067-15

WYDELL DIXON,

Appellant

THE STATE OF TEXAS,

Appellee

AMENDED MOTION FOR REHEARING

On Petition for Discretionary Review from the Court of Appeals for the First District, Houston, Texas in Cause Nos. 01-13-00408-CR; 01-13-00409-CR; 01-13-00410- CR & 01-13-00411-CR, Affirming the Conviction in Cause Nos. 12CR0748, 12CR0749, 12CR0750, & 12CR0751 from the 56th District Court of Galveston County, Texas.

R. Scott Shearer TBA No. 00786464 917 Franklin, Suite 320 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX

May 15, 2015 ShearerLegal@Yahoo.com

Attorney for Appellant

May 14, 2015

TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

NOW COMES, WYDELL LORRAINE DIXON, and files this Motion for

Rehearing to the refusal of her Petition for Discretionary Review. In support of

this motion, she would respectfully show the Court the following:

I.

In a PUBLISHED opinion delivered December 16, 2014, a panel of the First

Court of Appeals AFFIRMED Appellant’s appeals from four judgments of

conviction for cruelty to animals by the 56th District Court of Galveston County.

Appellant did not file a motion for rehearing. Appellant’s Petition for

Discretionary Review was filed March 16, 2015. Appellant’s Petition for

Discretionary Review was refused April 29, 2015. This motion for rehearing is

timely filed within fifteen days after this Court refused Appellant’s Petition for

Discretionary Review. See TEX. R. APP. PROC. 69.4.

II.

GROUND FOR REHEARING: THIS COURT FELL INTO ERROR BY NOT GRANTING APPELLANT’S PETITION FOR DISCRETIONARY REVIEW.

Appellant’s petition for discretionary review asked this Court to review the

published judgment of the First Court of Appeals. Appellant’s cases involved the

following issues:

1. A court of appeals disagreeing with the published decision of another court of appeals.

2. A court of appeals construing amendments to the animal cruelty statute in such a way as to hold that the amendments overruled a prior decision of a court of appeals.

3. An employee being held criminal responsible for failing to hire a sufficient number of employees, even though there is no statute, ordinance, or directive mandating a certain number of employees that must be hired.

4. A bomb threat being called into the hotel room of the jury during deliberations; a jury panel forced to spend the night in the jury room; and a trial judge overruling an agreed upon mistrial based thereon.

Appellant’s case surely involved issues important to the jurisprudence of the

State. Moreover, the animal cruelty statute is internally inconsistent and confusing

to both citizens and legal practitioners of this State at a time when the number of

animal cruelty cases being filed have increased exponentially from years past.

Until such time as this Court weighs in, confusion will remain in the lower courts.

This Court should take the opportunity to review Appellant’s case and the animal

cruelty statute.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the

Honorable Court of Criminal Appeals will grant Appellant’s motion for rehearing

and Appellant’s Petition for Discretionary Review.

Respectfully submitted,

/s/R. SCOTT SHEARER R. Scott Shearer TBA No. 00786464 917 Franklin, Suite 320 Houston, TX 77002 (713) 254-5629 (713) 224-2889 FAX ShearerLegal@Yahoo.com

Attorney for Appellant

May 14, 2015

CERTIFICATE OF COMPLIANCE

Undersigned counsel certifies that this motion for rehearing is grounded on

substantial intervening circumstances or on other significant circumstances which

are specified in the motion. Undersigned counsel certifies that the motion is so

grounded and that the motion is made in good faith and not for delay.

/s/R. SCOTT SHEARER R. Scott Shearer

CERTIFICATE OF SERVICE

I certify that a copy of this Motion has been served upon the State of Texas by e-mailing a copy of same to the following parties at the following addresses on this the 14th day of May, 2015:

BRENT HAYNES GALVESTON COUNTY DISTRICT ATTORNEY 600 59th St # 1001 Galveston, TX 77551 BRENT.HAYNES@CO.GALVESTON.TX.US

/s/R. SCOTT SHEARER R. Scott Shearer

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Case # PD-0064_0067-15 Case Information Location Court Of Criminal Appeals Date Filed 05/14/2015 10:41:45 PM Case Number PD-0064_0067-15 Case Description Assigned to Judge Attorney R. Scott Shearer Firm Name R. Scott Shearer Filed By Robert Shearer Filer Type Not Applicable Fees Convenience Fee $0.09 Total Court Case Fees $0.00 Total Court Filing Fees $0.00 Total Court Service Fees $0.00 Total Filing & Service Fees $0.00 Total Service Tax Fees $0.00 Total Provider Service Fees $3.00 Total Provider Tax Fees $0.25 Grand Total $3.34 Payment Account Name Robert S. Shearer Transaction Amount $3.34 Transaction Response Approved Transaction ID 8703358 Order # 005294843-0

Motion for Rehearing Filing Type EFile Filing Code Motion for Rehearing Filing Description Motion for Rehearing Reference Number 51415 Comments Status Accepted Accepted Date 05/15/2015 12:51:21 PM Fees Court Fee $0.00 Service Fee $0.00 Documents Lead Document DixonRehearingPDR2.pdf [Original] [Transmitted]

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