Ex Parte Barlow Smith

Opinion

ACCEPTED 03-17-00628-CR 21254643 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/13/2017 9:10 AM JEFFREY D. KYLE CLERK NO. 03-17-00628-CR

BARLOW SMITH, § FILED IN IN THE COURT OF APPEALS Appellant 3rd COURT OF APPEALS AUSTIN, TEXAS 12/13/2017 9:10:43 AM VS. § THIRD DISTRICT JEFFREY D. KYLE Clerk

THE STATE OF TEXAS, Appellee § AUSTIN, TEXAS

STATE'S MOTION FOR THE CLERK OF THIS COURT TO TRANSFER THE REPORTER'S RECORD FROM CASE NO. 03-16-00048-CR T0 THE CURRENT CASE

This motion is presented by the State of Texas, by and through the

undersigned Assistant District Attorney, and in support would show:

I.

This is an appeal of the trial court's denial of relief requested by Appellant

regarding his probated judgment under Texas Code of Criminal Procedure art.

11.072. Appellant had previously sought habeas relief in the same case wherein the

trial court denied Appellant's requested relief and Appellant unsuccessfully sought

appeal in Case No. 03-16-00048-CR. The Reporter's Record was filed in Case No.

03-16-00048-CR on February 5, 2016.

Page 1 of 3 11.

Appellanthaspreparedandfiledhisbriefwithouthavingmadearrangements

for a Reporter's Record to be filed in this Ca,se and recites facts within his brief that

are outside of both the Reporter's Record and the Clerk's Record for support of his

claim. In as much as the claims asserted byAppellant in this Case are related to the

claimsassertedbyAppellantinCaseNo.03-16-00048-CRandperhapssomebeing

identical claims to those previously asserted, the State of Texas believes that it

would be in the interest of justice for this Court to order the transfer of the

Reporter's Record filed in Case No. 03-16-00048-CR on February 5, 2016 to the

present Case.

PRAYER

The State of Texas, in consideration of the facts and circumstances set forth

herein above, prays the Court grant this motion and direct the Clerk of this Court

to transfer the Reporter's Record currently on file in Case No. 03-16-00048-CR

beingstyledExparteBarlowsmithtothecurrentcaseNo.03-17-00628-CRstyled

Ex parte Barlow Smith.

Page 2 of 3 Respectfully submitted,

OFFICE OF DISTRICT ATTORNEY 33RD and 424th JUDICIAL DISTRICTS Wiley 8. MCAfee, District Attorney P. 0. Box 725 Llano, Texas 78643 Telephone Telecopier (325)247-5755 (325)247-5274

Assistant District Attorney State Bar No. 03353500 ATTORNEY FOR APPELLEE

CERTIFICATE OF WORD COUNT

This is to certify that the pertinent portions of this motion contains 270 words printed in Aldine401BT 14 font, according to the WordperfectTM X8 word count tool.

CERTIFICATH OF SHRVICH

This is to certify that a true copy of the above and foregoing instrument, together with this proof of service hereof, has been forwarded on the 13th day of December 2017, to Barlow Smith, Appellant Pro Se, by eserve.

Assistant District Attorney

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