Terry Lee Thomas v. State

• Court: Court of Appeals of Texas
• Decided: June 24, 2015
• Docket: 08-15-00185-CR
• Status: Published

Opinion

ACCEPTED 08-15-00185-CR 08-15-00185-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 6/24/2015 4:44:29 PM DENISE PACHECO Appellate Docket Number: 08-15-00185-CR CLERK Appellate Case Style: Terry Lee Thomas v. The State of Texas

DOCKETING STATEMENT (Criminal) FILED IN 8th COURT OF APPEALS 8th COURT OF APPEALS EL PASO, TEXAS (to be filed in the court of appeals upon perfection of appeal under TRAP 32) 6/24/2015 4:44:29 PM DENISE PACHECO I. Parties (TRAP 32.2(a)): Clerk

Appellant: Terry Lee Thomas Co-defendant(s): N/A

Trial Attorney: Hon. Sandy Wilson Appellate Attorney: Don Payne

Appointed  Retained  Appointed  Retained 

If appointed, was a hearing on indigency held?

Yes  No 

Address: Address: Wilson Law Firm Law Office of Don Payne, PLLC P.O. Box 63 125 S. Washington Street Marathon,, Texas 79842 San Angelo, Texas 76901-4160

Telephone: 432-386-7505 Telephone: 432-482-8049 Fax: Number: 432-386-4277 Fax Number: 432-482-8064 SBN: 24039988 SBN: 24065890

II. Perfection Of Appeal, Judgment And Sentencing (TRAP 32.2(b), (d), (f), (g), (h), (i), (j), (k)):

Date trial court imposed or suspended sentence in open Date notice of appeal filed in trial court: May 19, 2015 court or date trial court entered appealable order: May 5, 2015 Offense charged: Theft of Service Punishment assessed: 400 days State Jail Confinement

Date of offense: August 9, 2011 Is the appeal from a pretrial order?

Defendant’s plea: Plea of NOT TRUE to Yes  No  MTAG/MTR If yes, please specify.

If guilty*, does Defendant have the trial court’s permission Does the appeal involve the validity of a statute, rule or to appeal? *Plea of NOT TRUE; MTAG Granted ordinance? *

Yes  No  Yes  No  * (Unknown at this time)

Was the trial jury or nonjury? If yes, please specify.

Guilt or innocence phase: Jury  Nonjury  Will you challenge this Court’s jurisdiction? No If yes, explain. Punishment phase: Jury  Nonjury 

HOU05:76691.1 III. Actions Extending Time To Perfect Appeal (TRAP 32.2(e)):

Filed Action Date Filed Check as appropriate

Motion for New Trial No  Yes 

Motion in Arrest of Judgment No  Yes 

Other (specify): No  Yes 

IV. Indigency Of Party (TRAP 32.2(n)): (Attach file-stamped copy of motion and affidavit)

Filed Event Date N/A Check as appropriate

Motion and affidavit filed No  Yes  

Date of hearing: 

Date of order: *Orders Appointing 02/17/2015 Attorneys; Trial and Appellate 06/08/2015 Ruling on motion: Granted  Denied 

V. Trial Court And Record (TRAP 32.2(c), (l), (m)): th Court: 112 Judicial District Court County: Pecos Trial Court Docket Number (Cause No.): P-3574-112-CR Trial Judge: Hon. Pedro Gomez, Jr. Court Clerk: Hon. Gayle Henderson

Telephone Number: 325- 392-5225 Telephone Number: 432-336-3503

Fax Number: 325- 392-3434 Fax Number: 432-336-6437

Address: Address: 907 Avenue D 407 S. Nelson. P.O. Drawer C Fort Stockton, Texas 79735 Ozona, Texas 76943 Clerk’s Record Will request  Was requested on: *Received Clerk's Record, 6/22/2015 *Already Received

Court Reporter or Court Recorder: Hon. Corina Lozano

Telephone Number: 409- 771-2562 Fax Number: 325- 392-3434 Address: P.O. Box 3126 Ozona, Texas 76943 Length of trial (approximate): Two (2) days State arrangements made for payment of court reporter: Proceedings held 4/21/2015 and 5/5/2015 County to pay – Appellant is indigent

Reporter’s or Recorder’s Record (check None  Will request  Was requested on: June 24, 2015 if electronic recording ) Request emailed and mailed 6/24/15

HOU05:76691.1 2 VI. Related Matters: List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

None VII. Any other information requested by the court (see attachments, if any).

None VIII. Signature:

/ s / Don Payne Date: June 24, 2015 Signature of counsel State Bar No.: 24065890

Printed Name: Don Payne

IX. Certificate of Service: The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court’s order or judgment as follows on June 24, 2015

Hon. Laurie K. English Hon. Sandy Wilson 112TH District Attorney Attorney at Law Hon. Michael Dobbins P.O. Box 63 Asst. 112TH District Attorney Marathon, Texas 79842 400 S. Nelson Trial Attorney for Defendant, Terry Lee Thomas Fort Stockton, Texas 79735 Attorneys for the State of Texas Via Facsimile to 432-386-4277

Via Facsimile to 325-392-8415

/ s / Don Payne Don Payne Attorney for Terry Lee Thomas

Note: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party’s attorney, the name of the party represented by that attorney.

Use additional sheet(s), if necessary

HOU05:76691.1 3