William Simons v. State

• Court: Court of Appeals of Texas
• Decided: May 21, 2015
• Docket: 05-15-00652-CR
• Status: Published

Opinion

NO: 15-00125-422-F

THE STATE OF TEXAS IN THE 422ND DISTRICT COURT FILED IN vs. 5th COURT OF APPEALS DALLAS, TEXAS 5/21/2015 11:46:15 AM WILLIAM SIMONS KAUFMAN CO., TEXAS LISA MATZ Clerk CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL IN COURT OF APPEALS The records of my office show:

(1) WRITTEN Notice of Appeal was given on the 20TH day of May ,2015. NOTE: ATTACH COPY OF NOTICE OF APPEAL TO THIS FORM. (2) The defendant named above was convicted in this Court of the offense of: MURDER (3) The date the sentence was imposed or imposition of sentence was suspended or other order appealed from was the 20TH day of MAY, 2015. (4) The Honorable B. Michael Chitty presided at the trial. (5) The State is represented on appeal by: ERLEIGH NORVILE WILEY Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 State Bar No. 15113280 Telephone Number: 972-932-4331 EXT. 1260 (6) The Defendant is represented on appeal by: Taryn Davis Address: 109 N. Jackson St., Kaufman, Texas 75142 State Bar No.00792449 Telephone Number: 972-962-0653 (7) Defendant's Counsel is: Retained Appointed XXX ProSe_ _ (8) The Trial was before the Court: Without A Jury _ A Jury on Guilt Only_ __ A Jury on Punishment Only_ _ A Jury On Both Guilt and Punishment XXX (9) Motion For New Trial filed: Yes XX No_ If yes, date filed: May 20,2015

NOTE: IF MOTION FOR NEW TRIAL WAS FILED AFTER NOTICE OF APPEAL, PLEASE GIVE WRITTEN NOTICE TO THIS COURT IMMEDIATELY. (1 0) Defendant Incarcerated: Yes XXX No__ If no, defendant free on appeal bond of$_ _ _ _ _ posted on the _ _ _ day of

( 11) Defendant has XX has not _ _been declared indigent. (12) Court Reporter Donna Gehl Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 Date Filed May 20 , 2015 .

~~/ RHONDA HUG~6 DISTRICT CLERK KAUFMAN COUNTY, TEXAS STATE OF TEXAS § § vs. § § 6;;{~,' WILLIAM SIMONS § tRJ/ ,jfPur., NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes William Simons, Defendant in the above styled and numbered cause, and

gives this written notice of appeal to the Court of Appeals of the State of Texas from the

judgment of conviction and sentence herein rendered against William Simons.

Respectfully submitted,

Law Office of Taryn Davis, PLLC 109 N. Jackson St. Kaufman, TX 75142 Tel: (972) 962-0653 Fax: (972) 962-0656

By:_~_· ______.._~<........:o...,::?--"""------ Taryn Davis ..

State Bar No. 00792449 tdavispllc@yahoo.com Attorney for William Simons

CERTIFICATE OF SERVICE

This is to certify that on May 20, 2015, a true and correct copy of the above and

foregoing document was served on the District Attorney's Office, Kaufman County, Kaufman

County Courthouse, by hand delivery.

Taryn Davis .•. '

NO. 15-00125-422-F

STATE OF TEXAS § § vs. § § WILLIAM SIMONS § KAUFMAN COUNTY, TEll~Ty

MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT

COMES NOW, William Simons, the Defendant in the above styled and numbered cause,

and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and

22 of the Texas Rules of Appellate Procedure, and in support thereof would show this court the

following:

1. The Defendant was sentenced on May 20, 2015. This Motion, filed within the

thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day

after the sentence or this motion is overruled by operation of law.

2. The verdict in this cause is contrary to the law and the evidence. See Tex. R.

App. P. 21.3.

3. The trial court has the discretion to grant a new trial in the interests of justice, as

the Court of Criminal Appeals has emphasized:

For more than one hundred and twenty years, our trial judges have had the discretion to

grant new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340

(1872-73), the Supreme Court, which at that time had criminal jurisdiction, held:

... The discretion of the District Court, in granting new trials, is almost the only

protection to the citizen against the illegal or oppressive verdicts of prejudiced, .....

careless, or ignorant juries, and we think the District Court should never hesitate

to use that discretion whenever the ends of justice have not been attained by those

verdicts.

State v. Gonzalez, 855 S.W.2d 692 (Tex. Crim. App. 1993).

4. For the foregoing reasons, and for such other reasons that may arise on the

hearing of this Motion, Defendant requests a new trial.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside

the judgment of conviction entered in this cause and order a new trial on the merits.

Law Office of Taryn Davis, PLLC 109 N. Jackson St. Kaufman, TX 75142 Telephone: (972) 962-0653 Fax: (972) 962-0656

By: ~~\~ Taryn Davis State Bar No. 00792449 tdavispllc@yahoo.com Attorney for William Simons

CERTIFICATE OF PRESENTMENT

By signature above, I hereby certify that a true and correct copy of the above and foregoing has been hand-delivered to the Office for the 422nd Judicial District Court of Kaufman County, on this day, May 20, 2015.

This is to certify that on May 20, 2015, a true and correct copy of the above and foregoing document was served on the District~ttor ' Office, Kaufman County, Kaufman County Courthouse, by hand delivery. · . ' "_;> Taryn Davis Cause No. 15-00125-422-F

THE STATE OF TEXAS §

VS. § IN AND FOR

WILLIAM SIMONS § KAUFMAN COUNTY, TE

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*

I, judge of the trial court, certify this criminal case:

/ D Is not a plea-bargain case, and the defendant has the right of appeal, [or] Is a plea-bargain case, but matters were raised by written motion filed and ruled on before the trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] D Is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] D Is a plea-bargain case, and the defendant has NO right of appeal, [or] D The defendant has waived the right of appeal.

Judge Date Signdd I

I have received a copy of this certification·

Defendant (if not represented by counsel) Defendan ' Counsel Mailing Address: State Bar o.: t)q{Jq) (1) Mailing Address: Telephone#: Fax # (if any) Teleph?ne #: Fax# (1f any) q ()~? · {60 ") *A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain case ---- that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant -- --a defendant may appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).