Robert James Martin III v. State

Opinion

CAUSE NO. 74430

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 8:40:23 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 AGGRAVATED ROBBERY; CRIMINAL EPISODE; FORTY (40) YEARS – TDCJ-ID

RHONDA BARCHAK, District Clerk By /S/ Kathleen McDougald, Deputy

Appeal Notice of Assignment

12410

l ar..LLffo~ OO AM.

AUG - 7 2015

CAUSE NO. 74430 ~.,_ B--.~ Cleft ol Dittric:t Court B~ Co., T -

THE STATE OF TEXAS § IN THE Distrucf COUR~ DEPUlY §

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,

~Aup~

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 gth August, 2015.

KENNETH P. MINGLEDORFF

12410

THE STATE OF TEXAS § IN THE DISTRICT COURT · .

§

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 HONORABL!E JUDGE OF SAID COUR COMES NO~ 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 and 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 days, 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 e record are also alleged (affidavit 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 ofthis 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 - - - -

f~ ,/1 -?;}-: '---./ b d 1.

day o , __./_, y hand e Ivery, ce ified mail return receipt requested, or ~-L, 201 _

facsimile t ansmission, addressed as follows:

Via Hand Delive : Brazoria Coul} · istrict Attorney's Office /(AL/-.