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.

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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.

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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 Page 3 of 3