Jermel Lewis v. State

• Court: Court of Appeals of Texas
• Decided: December 16, 2015
• Docket: 12-16-00042-CR
• Status: Published

Opinion

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CBy: CR,gwe ?;1. r.Rgmos ([)eputy Cferft 214-653-5753 CAUSE NO. MB1475049

THE STATE OF TEXAS § IN THE COUNTY CRIMINAL 2015 NOV 18 AH 19(~0 vs. jl\t\t ~ COURT N0.9 JOHN F. ~VAH R£tfi JERMEL LEWIS COUHTY CLERK§ OF DALLAS, TEXAS DALLA S COUNTY"

DEFENDANT'S MOTION FOR NEW TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Jermel Lewis, Defendant, by and through his counsel of records, and files this

Motion for New Trial, and would show the Court the following:

I.

The Defendant was convicted for False Report to a Police Officer on October 20, 2015 at a trial before the Court. II.

The Defendant would ask this court to set aside the conviction and punishment in the above numbered and styled case and grant a new trial.

WHEREFORE, PREMISES CONSIDERED, DEFENDANT, by and through his counsel, urges that

this Cout1 grant said motion in the interest of justice.

Respectfully submitted,

0~~s~ Ti fanee Baker Attorney at Law Richerson, Milton, Baker 306 E. Randol Mill Rd. Arlington, TX 760 11 Bar No. 24063565 Telephone: (2 14) 935-1439 Facsimile: (2 14) 935-143 9 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for a New Trial has been sent via hand-delivery to the Dallas County District Attorney's Office, 133 N. Riverfront Blvd., Dallas, Texas, 75207, on this the f f-+h day of November 20_1,5_.

~~~~Tifane Baker CAUSE NO. MB1475049

THE STATE OF TEXAS . § IN THE COUNTY CRIMINAL § vs. § COURT N0.9 § JERMEL LEWIS § OF DALLAS, TEXAS

ORDER On _ __ _ _ _ _ , 20 l S, came on to be considered the Defendant's Motion for New Trial, and

said Motion is hereby

(Granted) (Denied)

JUDGE PRESIDING Cause No. MB i lf -I 5 CJ Lf '7

THE STATE OF TEXAS § IN THE COUNTY CRIMINAL VS. ~,. ,.~r.T r·'ll l· ~)URTNUMBER _C]_.___ __ 20 ~·s~e.~~,_rL!..m.u.e_,t-Lbw.·~b:::w...e.AJ ~·!. :: "§-' ·' M(, · b~LLAS couNTY, TEXAS Ju..; . r . ',I!\ I(I< Ef.! COUI< TY CL.ERI( 0Al. L i-. ~ r~ 0UN TY

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*

Y, Judge of the trial court, certify this criminal case: ~is not a plea-bargain case, and the defendant has the right of appeal, [or] 0 is a pJea-barga.in case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal , [or] c is a plea-bargain case, but the trial court has .given permission to appeal, and the defendant has the right of appeal, [or] 0 is a plea-bargain case, and the defendant has NO right of appeal, [or] 0 the defendant has waived the right of appeal, [or] 0 other (pi ·· ~ ;ecify): - - - - - - -- - - - - -- - - -- - - - --

/ t_:!;;)_ ·-c /; r- Judge Date Signed I have received a copy of this certification. 1 have also been in formed of my rights concerning any appeal of this criminal case, including any right to file a prose petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appell ate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals' j udgment and opinion to my last known address and that T have on ly 30 days in wh ich to fi le a prose petition for discre tionary review in the Court of Criminal Appeals. Tex. R. App. P. 68.2. 1 acknowledge that, if T wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by wri tten communication, of any change in the addres~ at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fai l to timely inform my appellate attorney of any change in my address , I may Jose the opportuni ty to file a pro se petition for discretionary review.

De· 1 an ef ndant's Co """"'~-- M .i ngAddress: ~-OJ ~~fc.n '' bt\vc.. S teBarNo.: CJUO?fc<::;;C{_ Q ai ling Address: Z.. '"Z.tJ{ vU...a..( lil.J ._) ~-/0{ <( Telephone#: 4i,:e.sofa)T>( ? 5 ~ ; ~a { { a: 'S t Vf( -:c-5 Zo t Fax #(ifany): • ~43r

DOCKETING CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL IN COURT OF APPEALS The Records of my office show that:

(I) The Defendant named above was convicted in this court of the offense of: FALSE REP PO (2) The Honorable PEGGY HOFFMAN presided at the trial. (3) The state is represented by ROSHANDA WALKER (4) The Defendant is represented by:TIFANEE BAKER, 306 E. RANDOL MILL RD., ARLINGTON, TX 76011 (5) Defendant's Counsel was:Retained ~ Appointed 0 Pro SeD (6) The sentence imposted was 120 DAYS CONFINEMENT, 12 MONTHS PROBATION, $1000 FINE (7) The sentence did 0 did not ~ follow a plea bargain after a plea of guilty or no contest was entered before the court. (8) The sentence was imposed or suspended on 10/20/15. (date) (9) A motion for new trial was ~(date 12/04/2015) was not 0 filed. (I 0) The date notice of appeal given: 11118115 (II) Defendant is in jail 0 or on $NO bond. (12) Defendant has 0 has not~ been declared unable to pay costs. (13) The court reporter who reported the evidence was:SANDRA MORELAND 133 N. RIVERFRONT BLVD. DALLAS,TX 75207(Name & Address) (14) If two or more cases were tried together (same defendant) list case numbers only: . If companion case, list docket number & defendant's name: (Note: Send separate certificate for eash case appealed)

Witness my hand this 18TH day of NOVEMBER, 2015 CAUSE NO. MB1475049 20l5NOV 18 AHI0=20 ~ THE STATE OF TEXAS JOHN f~ ~f

NOTICE OF APPEAL

NOW COMES, Jermel Lewis, the Defendant in the above styled and numbered cause,

and submits this Notice of Appeal.

Notice is hereby given that the Defendant appeals the conviction handed down in this

case on October 20, 2015 and all conditions imposed upon him in the judgment rendered against

him at the end of trial.

The appeal for this case will be to the Fifth Court of Appeals in Dallas, Texas.

'-Z;l~ Attorney at Law Richerson, Milton, Baker 306 E. Randol Mill Rd. Arlington, TX 7 60 11 Bar No. 24063565 Telephone: (214) 935-1439 Facsimile: (214) 935-1439 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Notice of Appeal has been sent via hand-delivery to the Dallas County District Attorney's Office, 133 N. Riverfront Blvd., Dallas, Texas, 75207, on this the l ~+h day of November 20l.S._.