Robinson, Russell Jr.

Opinion

NO. -v ' *

IN THE Q-~~i\r-n COURT OF CRIMINAL APPEALS-, IDT ~ «» cD '^ OF TEXAS "°URT °F CR'-WL APPEALS OCT 0 7 2015

AbeIAcosia,Cterk RUSSELL ROBINSON, FILED IN Appellant/Petitioner COURT OF CRIMINAL APPEALS VS. CCT 03 2C;3 THE STATE OF TEXAS, Abel Accsta, Clerk Appellee/Respondent

APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

In Appeal No. 10-14-00231-CR from the Court of Appeals for the Tenth Judicial District Waco, Texas

Russell Robinson TDCJ #01941253 Mark W. Michael Unit 2664 F.M. 2054 Tennessee Colony, TX 75886 LIST OF PARTIES

APPELLANT Russell Robinson, Pro Se

APPELLEE The State of Texas

JUDGE - 40th DISTRICT COURT Honorable Bob Carroll

DEFENSE COUNSEL AT TRIAL Kent McGuire 109 E. Franklin Street Waxahachie, Texas 75165

STATE'S ATTORNEY AT TRIAL Patrick Wilson Ellis County District Attorney's Office 109 South Jackson Street v.

Waxahachie, Texas 75165

APPELLANTS ATTORNEY AT 10th COURT OF APPEALS Juanita Bravo Edgecomb Attorney at Law 306 Sixth Street Waxahachie, Texas 75165

STATE'S ATTORNEY ON APPEAL Patrick Wilsons(or his designated representative) Ellis County District Attorney's Office 109 South Jackson Street Waxahachie, Texas 75165

STATE'S! PROSECUTING ATTORNEY P. O Box 124Q5 Austin, Texas ~;78711

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TABLE OF CONTENTS

IDENTITYOF PARTIES ii

INDEX OF AUTHORITIES iv

STATEMENT REGARDING ORAL ARGUMENT 1

STATEMENTOF THE CASE 2

STATEMENT OF PROCEDURAL HISTORY 3

GROUNDS FOR REVIEW 4

GROUND FOR REVIEW NO. ONE [Set out the Ground or Question Presented for Review]

GROUND FOR REVIEW NO. TWO [Set out the Ground or Question Presented for Review]

ARGUMENT NUMBER ONE 5

ARGUMENT NUMBER TWO

PRAYER FOR RELIEF _

CERTIFICATE OF SERVICE _ APPENDIX A: [COA Opinion] _

iii INDEX OF AUTHORITIES

CASES:

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IV NO.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

RUSSELL ROBINSON, Appellant/Petitioner

VS.

THE STATE OF TEXAS, Appellee/Respondent

TO THE COURT OF CRIMINAL APPEALS OF TEXAS:

Appellant/Petitioner respectfully submits this Petition for Discretionary

Review and moves that this Honorable Court grant review of this cause and offers

the following in support thereof:

STATEMENT REGARDING ORAL ARGUMENT

The Appellant/Petitioner requests oral argument in this case because such

argument may assist the Court in applying the facts to the issues raised. It is I suggested that oral argument may help simplify the facts and clarify the issues. STATEMENT OF THE CASE

[Briefly state the nature of the case. This statement should seldom exceed half a

page. See Rule 68.4(d), Texas Rules of Appellate Procedure.]

. , ula £i\vJb^vaJr^a.^aP\jS a STATEMENT OF PROCEDURAL HISTORY

[Statement of the history of the case. See Rule 68.4(e), Texas Rules of

Appellate Procedure, for the dates that must be included in this portion of the

Petition, including the filing and overruling of any motion for rehearing, if any.]

In Cause No. 38,602, the Appellant/Petitioner was charged with the offense

of Continuous Violence Against the Family. The Appellant/Petitioner was

convicted of such offense on July 18, 2014 and appealed the conviction. On

September 10, 2015 the Waco Court of Appeals affirmed the conviction. No

motion for rehearing was filed. On QdhVie?/ ^ , 2015 this Petition for Discretionary Review was timely forwarded to the Court of Appeals for filing

pursuant to Rule 9.2(b), Texas Rules of Appellate Procedure. GROUNDS FOR REVIEW

I.

[State briefly, without argument, the grounds or questions on which the Petition are

based. See Rule 68.4(f), Texas Rules of Appellate Procedure.]

ii.

[Same format as above]

[More than two Grounds for Review, along with accompanying Arguments, can be raised in a Petition, but the Petition cannot exceed 15 pages, exclusive of certain pages. See Rule 68.5, Texas Rules of Appellate Procedure.] ARGUMENT NUMBER ONE

[Rule 68.4(g), Texas Rules of Appellate Procedure, states: "The petition must

contain a direct and concise argument, with supporting authorities, amplifying the

reasons for granting review. See Rule 66.3."

IWyiM\Ph\\S ARGUMENT NUMBER TWO

[Same format as above.]

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