*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/7/2015 2:06:09 PM LISA MATZ Clerk
*1 ACCEPTED 05-15-01487-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 12/7/2015 2:06:09 PM LISA MATZ CLERK 05-15-01487-CR Appellate Docket No.: Appellate Case Style: John Turner Gray v. The State of Texas FIFTH DISTRICT COURT OF APPEALS CRIMINAL APPEAL - DOCKETING STATEMENT PARTIES (TRAP 32.2(a)): Appellee: Appellant: JOHN TURNER GRAY THE STATE OF TEXAS Attorney (Lead Counsel): Attorney (Lead Counsel): Mark Heidenheimer John Rolater Appointed [X] Retained [] Address (Lead Counsel): Address (Lead Counsel): 2208 Wisteria Way 2100 Bloomdale Road, Suite 200 McKinney, Texas 75071 McKinney, Texas 75071 Telephone: 972-548-2233 Telephone: 972-548-4323 Email : Email : jrolater@co.collin.tx.us m heidenheimerlaw(@amail.com SBN (Lead Counsel):09378800 SBN (Lead Counsel): 00791565 If not represented by counsel , provide appellant's/appellee's address, telephone number, and fax number. PERFECTION OF APPEAL (TRAP 32.2(b),(d),(f)-(k)): Date Sentence Imposed or Date Notice of Appeal Filed: *2 11/18/2015 Suspended in Open Court or If Mailed, Date Mailed: Appealable Order Signed: 11/06/2015
Attach File-Stamped Copy of Notice
ACTIONS EXTENDING TIME TO PERFECT APPEAL (TRAP 32.2(e)): Mt. for New Trial: Yes [] No [X] Date Filed: Mt.in Arrest of Judgment: Yes [] Date Filed: No [X] Other (Specify): *3 TRIAL AND APPEAL (TRAP 32.2(f)-(k)): Offense Charged: Is the appeal from a pretrial order? Assault Fam/House Mem 2+ w/in 12 months Yes [] No [X] Date of Offense: 01/24/2015 Does the appeal involve the
validity of a statute , rule , or Defendant's Plea: Not Guilty ordinance? If guilty or nolo contendere , was Yes [] No [X] plea result of negotiated plea bargain agreement? If yes, specify. Was the trial jury or nonjury?
Guilt/Innocence Phase: Jury Pun ishment Phase: Jury
Punishment Assessed : 5 years Institutional Division,
TDCJ.
TRIAL COURT AND RECORD (TRAP 32.2(c), (/), (m)): Court: 366th District Court of Trial Court. Cause No.: Collin County. 366-82883-2015 Trial Judge (Who Tried or Court Clerk (District or County Disposed of Case): Ray Wheless Clerk): Yoon Kim Telephone No.: 972-548-4570 Telephone No. : 972-548-4320 Fax: Fax: Address: 2100 Bloomdale Road, Address: 2100 Bloomdale Road, #30146, McKinney, Texas 75071 McKinney, Texas 75071
*4 Fee Paid: Yes [] No [] N/A Clerk's Record Court-appointed Arrangements Made to Pay Fee:
Yes [] No [] Court Reporter(s) or Court Recorder(s): Antoinette Varela Telephone Number(s): 972-548-4572 Email: avarela@collincountytx.gov Address(es): 2100 Bloomdale Road, Suite 30146, McKinney, Texas 75071. Reporter's/Recorder's Record Date Requested: 12/07/2015 (Check If Electronic Recording [ ])
Fee Paid: Yes: [] No: [] N/A Number and Date(s) of Hearing(s): Court-appointed Arrangements Made to Pay Fee: GuilUlnnocence: 11/2-5/2015 Yes [] No [] Punishment: 11/06/2015 *5 INDIGENCY OF PARTY (TRAP 32.1 (k)):
Filed Event Check as Appropriate Date Yes [X] No[] Motion and Affidavit Filed Date of Hearing: 11/19/2015 Ruling on Motion : Granted [X] Denied [ ] OTHER INFORMATION (TRAP 32.2(m)): List any other pending related appeals before this or any other Texas appellate court by Court, Docket Number, and Style: 1 . 366-80583-2014 2. 366-81875-2014 3. 366-81876-2014
NOTE: If inadequate space has been provided for the information requested , please provide the additional information on an attachment.
I
*6 CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, ALL OF THE
ABOVE INFORMATION IS TRUE AND CORRECT.
Date: December 7, 2015 ls/Mark Heidenheimer
MARK HEIDENHEIMER
State Bar No. 09378800 2208 Wisteria Way McKinney, Texas 75071 214-578-0360 Email : mheidenheimerlaw@gmail.com Representing: John Turner Gray
CERTIFICATE OF SERVICE
hereby certify that a true and correct copy of the foregoing Docketing Statement was sent this 7th day of December 2015, to John Relater, Assistant Collin County District Attorney, through e-filing to his email address of jrolater@co.collin.tx.us.
ls/Mark Heidenheimer
MARK HEIDENHEIMER
Attorney of Record for John Turner Gray
*7 No. 366-82883-2015 IN THE 366TH DISTRICT THE STATE OF TEXAS COURT OF V. JOHN TURNER GRAY COLLIN COUNTY, TEXAS .
NOTICE OF APPEAL
COMES NOW JOHN TURNER GRAY, DEFENDANT, respectfully giving Notice of Appeal that he desires to appeal from the final judgment of
S£Nl'flK.~ conviction in the above styled and numbered cause that was si~l"le~ by the court on the l day of November 2015 . John Turner Gray appeals to the 5th Court of Appeals.
FIL D
15 [1] nv18 PH 4= 32 ANDREA STROH THOMPSON
DISTRICT CLERK co UH'" I TEXAS
