Robert James Martin III v. State

Opinion

CAUSE NO. 74429

THE STATE OF TEXAS 149th District Court FILED IN vs of 1st COURT OF APPEALS ROBERT JAMES MARTIN, III Brazoria County, Texas HOUSTON, TEXAS 8/31/2015 8:23:33 AM AMENDED NOTICE OF ASSIGNMENT ON APPEAL CHRISTOPHER A. PRINE Clerk ON THE 7th day of August, 2015, the defendant in the above styled and numbered cause excepted to the order of the Court in said cause and gave Notice of Appeal to the Court of Appeals, First Judicial District.

Date of Judgment or Other Order Appealed From: 7/29/15

Date of Sentencing: 7/29/15

Name of Trial Court Judge: Terri Holder

Name of Court Reporter: Robin Rios

Name and Address of Defense Attorney on Appeal: David Michael Ryan, (Appointed) 6161 Savoy Dr., Suite 1116 Houston, Texas 77036

Name and Address of Attorney for the State on Appeal: Jeri Yenne, District Attorney Brazoria County Courthouse 111 East Locust, Suite 408-A Angleton, TX 77515

Defendant Incarcerated? Yes

Motion for New Trial Filed? 8/27/15

Appeal Bond: No Date N/A

Offense and Punishment: COUNT 1, 2, 3, 4, 5, 6, 7, & 8 AGGRAVATED ROBBERY; CRIMINAL EPISODE; FORTY (40) YEARS – TDCJ-ID

RHONDA BARCHAK, District Clerk

By /S/ Kathleen McDougald, Deputy

Appeal Notice of Assignment 12410

-.lJll!'~~. . AUG - 7 20\5 CAUSE NO. 74429 ~ J-,.i. ~.,_~~Col- THE STATE OF TEXAS § IN THE DI9mf~~T J(fftAiDufv § BY_ " vs. § OF BRAZORIA COUNTY, TEXAS § ROBERT MARTIN § 149TH JUDICIAL DISTRICT

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

KENNETH P. MINGLEDORFF, Movant, files this Notice of Appeal in the above

captioned matter.

ROBERT MARTIN, Defendant, files this his Notice of Appeal within 30 days of

conviction of said cause.

Respectfully submitted,

~A~4i) KENNETH P. MINGLEDORFF, ATTORNEY TBA 14176800 ken@mingledorfflaw.com MINGLEDORFF LAW FIRM 430 Highway 6 S., Suite 215 Houston, Texas 77079 281-497-7180 telephone 281-497-4150 fax CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing Motion was delivered by hand delivery and/or facsimile to the District Attorney of Brazoria County, Texas assigned to this case, on the 8th August, 2015.

KENNETH P. MINGLEDORFF 12410

CAUSE NO. ~, 74429, ~

~' "~ ,-' THE STATE OF TEXAS § IN THE DISTRICT cb\JRT § VS. § 1491h JUDICIAL DISTRICT § ROBERT JAMES MARTIN III § B ZORIA COUNTY, TEXAS

DEFENDANT'S MOTION TO OR NEW TRIAL AND MOTION IN ARREST F JUDGMENT

TO THE HONORABI;E JUDGE OF SAID COUR

COMES NOW ROBERT JAMES MA TIN III, defendant in the above-

numbered causes, and •files this motion for new t ial and motion in arrest of judgment

pursuant to Rule 21 a:nd Rule 22 of the Texas ules of Appellate Procedure, and in

support of which would show the following:

1. Mr. Martin was sentenced on July 29, 2015. This motion, filed within

thirty d~ys, is therefore timely. A h aring must commence by the 75th day

after sentencing or this motion is ov rruled by operation of law.

2. The verdict and sentence in this ase are contrary to the law and the

evidence (See Tex. R. App. P. 21.3).

3. The following facts outside of t record are also alleged (affidavit I attached):

a. That defense counsel advise the defendant to enter an open plea

to the court when the de ndant apparently would have been

eligible for probation from a jury, and that defense counsel did not

fully explain the consequenc s of this decision to Mr. Martin. b. That defense counsel did not Ile an application for probation in the

case so that the court c ld consider deferred adjudication

probation.

c. That defense counsel failed o present an adequate defense to the

court during the sentencing p ase of the trial.

4. This court has the ability to grant a ew trial in the interests of justice, as

noted by the Texas Court of Crimi al Appeals in State v. Gonzalez, 885

S.W.2d 692 (Tex.Crim.App. 1993).

For the foregoing reasons, and for any othe s that shall be adduced upon hearing

of this motion, Mr. Martin respectfully requests tha the court grant a new trial.

616 Savoy Street Ho ston, Texas 77036

AT ORNEYFOR RO ERT JAMES MARTIN III CERTIFICATE OF S RVICE:

I, the undersigned attorney and counsel for Defendant, do hereby certify that the foregoing instrument was served upon counsel for he State of Texas on this _ _ __ day of ~2ot5/, by hand delivery, ce ified mail return receipt requested, or facsimil;tt4~~mission, addressed as follows: Via Hand Delive : Brazoria Coun ' istrict Attorney's Office JAL/--/ Dav1d l't)ifan ' .