Ganelle Leatrice Clark v. State

• Court: Court of Appeals of Texas
• Decided: June 22, 2016
• Docket: 06-16-00114-CR
• Status: Published

Opinion

Electronically Submitted 6/20/2016 11:45:24 AM Gregg County District Clerk By: Kindell Whitley ,deputy

CAUSE NO. 43,727-B

THE STATE OF TEXAS § IN THE DISTRICT COURT FILED IN § 6th COURT OF APPEALS VS. § OF GREGG COUNTY, TEXARKANA, TEXAS TEXAS § 6/22/2016 8:51:10 AM GANELLE LEATRICE CLARK § DEBBIE AUTREY 124TH JUDICIAL DISTRICT Clerk NOTICE OF APPEAL

TO THE HONORABLE COURT:

Notice is hereby given that the Defendant, GANELLE LEATRICE CLARK, appeals this case

to the Sixth Court of Appeals in Texarkana.

Respectfully submitted,

THE LAW OFFICE OF JONATHAN WHARTON P.O. Box 3585 Longview, TX 75606 Tel. (430) 558-0053 Fax (903) 900-4727 E-mail: jonwhartonlaw@gmail.com

BY: /s/ Jonathan Wharton JONATHAN WHARTON STATE BAR NO. 24075764 ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing was served on the District Attorney’s Office of Gregg County, counsel for appellee, on this the ______ 20 day of June ___________, 2016.

/s/ Jonathan Wharton JONATHAN WHARTON Electronically Submitted 5/20/2016 2:40:06 PM Gregg County District Clerk By: Britnie Minor ,deputy

THE STATE OF TEXAS § IN THE DISTRICT COURT § VS. § OF GREGG COUNTY, TEXAS § GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT

MOTION FOR NEW TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW GANELLE LEATRICE CLARK, Defendant, and moves the court to grant her

a new trial for the following reasons:

I.

The Defendant pled guilty to the state jail felony offense of possession of a controlled substance

and was placed on a deferred adjudication. On April 28, 2016, she was adjudicated guilty and sentenced

to twelve months confinement in the state jail. She has no previous convictions, and her adjudication was

based on failure to comply with the requirements of probation, not any new offense or drug use.

II.

The prosecution argued for a substantial prison sentence on the premise that the Defendant is a

drug user in denial. The Defendant has been drug tested periodically for work, though, and those tests will

show that she is not a drug user. The test results are not in her possession but are in the possession of third

parties. That newly-discovered evidence is grounds for a new trial. It was also ineffective assistance of

her trial counsel to fail to present that material evidence to the Court.

WHEREFORE, PREMISES CONSIDERED: Defendant requests that this Court grant her

a new trial in this case.

Respectfully submitted, By: /s/ Jonathan Wharton ______________________________ JONATHAN WHARTON Attorney for Defendant State Bar No. 24075764 P.O. Box 3585 Longview, TX 75606 Tel. 430-558-0053 Fax 903-900-4727

This is to certify that a true and correct copy of the foregoing document was served on the District Attorney's Office, Gregg County Courthouse, 101 E. Methvin, Suite 333, Longview, TX 75605, on this 19 the ________ May day of _________________, 2016. /s/ Jonathan Wharton _____________________________ JONATHAN WHARTON Electronically Submitted 5/20/2016 2:40:52 PM Gregg County District Clerk By: Britnie Minor ,deputy

THE STATE OF TEXAS § IN THE DISTRICT COURT § VS. § OF GREGG COUNTY, TEXAS § GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT

MOTION TO SET APPEAL BOND

COMES NOW GANELLE LEATRICE CLARK, Defendant, and moves the court to set an

appeal bond in said cause for the following reasons:

The Defendant is incarcerated in the Gregg County Jail.

The Defendant pled guilty to the state jail felony offense of possession of a controlled substance

and was placed on a deferred adjudication. On April 28, 2016, she was adjudicated guilty and sentenced

to twelve months confinement in the state jail.

III.

Pending an appeal from a felony sentence of less than ten years, the Defendant must remain

released on existing bail unless “there then exists good cause to believe that the defendant would not

appear when his conviction became final or is likely to commit another offense while on bail.” See Tex.

Code of Crim. Proc., Art. 44.04(c).

WHEREFORE, PREMISES CONSIDERED: Defendant requests that this Court release the

Defendant on bail in an amount that is reasonable considering the charge and her circumstances.

Respectfully submitted, /s/ Jonathan Wharton By: ______________________________ JONATHAN WHARTON Attorney for Defendant State Bar No. 24075764 P.O. Box 3585 Longview, TX 75606 Tel. 430-558-0053 Fax 903-900-4727

This is to certify that a true and correct copy of the foregoing document was served on the District Attorney's Office, Gregg County Courthouse, 101 E. Methvin, Suite 333, Longview, TX 75605, on this 19 the ________ May day of _________________, 2016.

/s/ Jonathan Wharton _____________________________ JONATHAN WHARTON Electronically Submitted 6/20/2016 11:50:47 AM Gregg County District Clerk By: Kindell Whitley ,deputy

THE STATE OF TEXAS § IN THE DISTRICT COURT § VS. § OF GREGG COUNTY, TEXAS § GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT

DESIGNATION OF RECORD

COMES NOW GANELLE LEATRICE CLARK, Defendant in this case, and pursuant to

Tex. R. App. Pro. § 34.6(b), designates the following portions of the Reporter’s Record for appeal:

The entirety of the hearing on April 28, 2015.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that the

Court Reporter forward the aforementioned materials to the Sixth Court of Appeals in Texarkana.

THE LAW OFFICE OF JONATHAN WHARTON P.O. Box 3585 Longview, TX 75606 Tel. (430) 558-0053 Fax (903) 900-4727 E-mail: jonwhartonlaw@gmail.com /s/ Jonathan Wharton BY: JONATHAN WHARTON STATE BAR NO. 24075764 ATTORNEY FOR DEFENDANT

I hereby certify that a true and correct copy of the above and foregoing was served on the District Attorney’s Office of Gregg County, counsel for appellee, on this the ____ 20 day of June ___________, 2016. /s/ Jonathan Wharton JONATHAN WHARTON Electronically Submitted 6/20/2016 3:09:06 PM Gregg County District Clerk By: Kindell Whitley ,deputy

THE STATE OF TEXAS § IN THE DISTRICT COURT § VS. § OF GREGG COUNTY, TEXAS § GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT

COMES NOW GANELLE LEATRICE CLARK, Defendant in this case, and pursuant to

Tex. R. App. Pro. § 34.5(b), designates the following portions of the Clerk’s Record for appeal:

The items listed in Tex. R. App. Pr. § 34.5(a).

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that the

District Clerk forward the aforementioned materials to the Sixth Court of Appeals in Texarkana.

THE LAW OFFICE OF JONATHAN WHARTON P.O. Box 3585 Longview, TX 75606 Tel. (430) 558-0053 Fax (903) 900-4727 E-mail: jonwhartonlaw@gmail.com

BY: /s/ Jonathan Wharton JONATHAN WHARTON STATE BAR NO. 24075764 ATTORNEY FOR DEFENDANT

I hereby certify that a true and correct copy of the above and foregoing was served on the District Attorney’s Office of Gregg County, counsel for appellee, on this the ____ 20 day of June ___________, 2016. /s/ Jonathan Wharton JONATHAN WHARTON