Keith William Bennett v. State

• Court: Court of Appeals of Texas
• Decided: July 22, 2015
• Docket: 06-15-00116-CR
• Status: Published

Opinion

FI LED GREGG COUtlTY. TEXAS

NO. 44069-B

KEITH WILLIAM BENNETT, § FILED IN IN THE DISTRIC APPELLANT 6th COURT OF APPEALS TEXARKANA, TEXAS vs. § 7/22/2015DISTRICT 124rn JUDICIAL 8:26:00 AM DEBBIE AUTREY THE ST ATE OF TEXAS, Clerk APPELLEE § GREGG COUNTY, TEXAS

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES KEITH WILLIAM BENNETT, who was Defendant in the above styled and

numbered cause, by and through his counsel, EBB B. MOBLEY, the trial court having granted

permission to appeal, and files this notice that he wishes to appeal from the conviction to the Sixth

Court of Appeals on errors raised by written motion and ruled on before trial and on errors arising

during and subsequent to trial.

Sentence was imposed on July 17, 2015, and this written Notice of Appeal is filed with the

Clerk of this Court within 30 days of that date.

Respectfully submitted,

EBB B. MOBLEY Attorney at Law 422 North Center Street-Lower Level P. 0. Box 2309 Longview, TX 75606 Telephone: (903) 757-3331 Facsimile: (903) 753-8289 ebbmob@aol.com

EBB B. MOBLEY Attorney for Appellant State Bar License# 14238000 EBB B. MOBLEY ATTORNEY AT LAW 422 NORTH CENTER STREET - LOWER LEVEL P. 0. BOX 2309 LONGVIEW, TEXAS 75606 TELEPHONE: (90.)) 757-3331 FAX: (903) 753-8289

July 21, 2015 FI LED GREGG COUt1TY, TEXAS

Tina Campbell Gregg County Court Reporter 124th Judicial District Court 101 East Methvin, Suite 447 Longview, Texas 75601

RE: Cause No. 44069-B State v. Keith William Bennett

Dear Ms. Campbell:

I have been appointed to represent the above Appellant on his appeal. I need a complete Reporter's Record of this case, including all pre-trial hearings, arguments of counsel, voir dire of the jury, and any exhibits entered into the record.

Thank you for your attention to this matter.

Very truly yours,

Ebb B. Mobley

/kk

cc: Mr. Carl Dorrough Gregg County District Attorney 101 East Methvin. Suite 333 Longview, Texas 75601

V" Ms. Barbara Duncan Gregg County District Clerk I 01 East Methvin, Suite 334 Longview, Texas 75601

~ Keith William Bennett Gregg County Jail 101 East Methvin, Suite 635 Longview, Texas 75601 NO. 44069-B

THE ST ATE OF TEXAS § IN THE DISTRICT COURT

vs. § 124rn JUDICIAL DISTRICT

KEITH WILLIAM BENNETT § GREGG COUNTY, T~E D GREGG COUNTY, TEXAS

MOTION FOR NEW TRIAL

TO THE HONORABLE JUDGE OF SAID COURT: BY COMES NOW KEITH WILLIAM BENNETT, Defendant, by and throug·~--,.,,.......'-- attorney for appeal, and files this Motion for New Trial in this case.

I. Defendant would show the Court that there has been material error committed that is calculated to injure the rights of Defendant.

II. Defendant would show the Court that both the guilt/innocence verdict and the punishment verdict are contrary to the law and the evidence in the case.

III. Defendant would show the Court that the sentence is so disproportionate as to constitute cruel and unusual punishment in violation of the Texas and U.S. Constitutions. The trial court exhibited bias in failing to consider the entire range of punishment.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for New Trial be set for hearing, and, upon hearing, that the Court grant him a new trial.

EBB 13. MOBLEY Attorney at Law 422 North Center Street-Lower Level P. 0. Box 2309 Longview, TX 75606 Telephone: (903) 757-3331 Facsimile: (?03) 753-8289 ebbmob a ol.com

EBB B. MOBL Attorney for Defendant State Bar License# 14238000

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing motion was forwarded to the office of Zan Colson Brown, Gregg Coufl!)' tssistant District Attorney, 101 East Methvin, Suite 333, Longview, Texas 75601, on this t . (JV day of July, 2015, by efile.

Isl EB BLEY EBB B. MOBLEY NO. 44069-B

THE STATE OF TEXAS § IN THE DISTRICT COURT

KEITH WILLIAM BENNETT § GREGG COUNTY, TEXA~ \LE 0 GREGG co~TY. TEXAS

DESIGNATION OF RECORD ON APPEAL

I. A complete Reporter's Record of the trial of this cause, the voir dire examination of the jury, the final argument of counsel, any pre-trial or post-trial hearings, or any other matters connected with this case where the court reporter was present and transcribing the proceedings. 2. The indictment. 3. Any special pleas and motions of the Defendant and motions of the State. 4. Any written waivers. 5. Court's docket sheet. 6. Charge of Court on both guilt or innocence and punishment. 7. Any special requested charges submitted by the Defendant. 8. The verdict of the jury. 9. Court's Findings of Fact and Conclusions of Law. I 0. Court's judgment and sentence. I I. Motions for New Trial. 12. Notice of Appeal. 13. Letter to court reporter requesting preparation of Reporter's Record. 14. Any notes from the jury and the Court's responses thereto. 15. All exhibits. 16. All juror information sheets and information on peremptory strikes. 17. Any other matter contained within the Court's files. 18. Any order appointing a visiting or retired Judge to preside on this case. 19. Any presentence investigation prepared for and used in this case. 20. Trial Court's Certification of Defendant's Right of Appeal.

WHEREFORE, PREM !SES CONSIDERED, the Defendant respectfully requests that these matters be contained within the record of this appeal.

ff I, the ""de.'{f d, heceby oertHY that a true aod correct copy of the above and focego;"g w"' fon