in Re: Billie Glen Martin

CourtCourt of Appeals of Texas
DecidedMarch 13, 2002
Docket06-02-00031-CV
StatusPublished

This text of in Re: Billie Glen Martin (in Re: Billie Glen Martin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re: Billie Glen Martin, (Tex. Ct. App. 2002).

Opinion

6-96-028-CV Long Trusts v. Dowd


In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana



______________________________


No. 06-02-00031-CV
______________________________


IN RE:
BILLIE GLEN MARTIN



Original Mandamus Proceeding






Before Cornelius, C.J., Grant and Ross, JJ.

Opinion by Justice Ross



O P I N I O N



Billie Glen Martin has filed a petition asking this Court to grant a writ of mandamus directing a district judge to rule on his petition seeking expunction of criminal records. Martin has now contacted this Court, stating he has discovered his petition for expunction had not been properly filed with the district court. He therefore asks this Court to withdraw his petition for writ of mandamus.

His motion is granted. The petition is dismissed.



Donald R. Ross

Justice



Date Submitted: March 13, 2002

Date Decided: March 13, 2002



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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00056-CR

                             MARQUAUS SEYNI SIMMONS, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                      On Appeal from the 102nd Judicial District Court

                                                          Red River County, Texas

                                                          Trial Court No. CR01274

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley


                                                     MEMORANDUM  OPINION

            Marquaus Seyni Simmons was adjudicated guilty of possession of cocaine in an amount of one gram or more but less than four grams, and was sentenced to fifteen years’ imprisonment. Simmons complains that while the State “filed a motion to adjudicate guilt alleging five violations of his terms and conditions,” of the previously ordered community supervision, “[t]he State then filed an amended motion to adjudicate guilt which did not allege any grounds.”  In light of this, Simmons argues that the trial court was without jurisdiction to hear the motion to adjudicate. 

            It appears that clerical error led to the omission of pages two and three of the State’s amended motion to adjudicate when the record was initially requested.  A supplemental clerk’s record, which includes the omitted pages, clarifies that the amended motion to adjudicate did contain several grounds of community supervision allegedly violated by Simmons.  Therefore, we overrule Simmons’ sole issue.

            We affirm the trial court’s judgment.

                                                                        Bailey C. Moseley

Date Submitted:          August 15, 2011

Date Decided:             August 16, 2011

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