Case Information
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1525-14 1526-14
In The Court Of Criminal Appeals Of Austin Texus Robert Wayne Westbrook Appe
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Subject Index
Table of Aatheistics ..... 1 Statement RE: Oral argument ..... 2 Statement Of the Case ..... 3 Statement of Procedural History ..... 4 Ground for Review ..... 5 Reason for Review ..... 6 Bayer for Relief ..... 7 Certificate of Compliance ..... 8 Certificate of Service ..... 9 Appendices ..... 10
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Page 1
Table of Authorities
article 571,003 of the texas Health and safety code
A Pre V.s. O'Alahoma. 470 Us. 68 Dees
Texas Health and safety code Ann. 6149,017 Texas Code of Criminal Procedure, art 16.22 Texas Health and Safety Code, Section 573,0001 and 46,02,05
Texas code of criminal Procedure art 42.12-11(4)
Texas Halth and Safety Code Ann 574,004(C) Riggio V.s. Nevada, 504 Us. 137 (1992) United States V.s. Westo J, 255 F 3d 273 C.P.C.C.R 2001
Parish V.s. state 939 S.W. 8d 201, 1997 Tex. app. Lexis 139. (Tex. app. aistin 1997)
*4 Page 1 cont. Date of Authorities Cont. Hereford vs. state, 339 s.w. 2d. U. 129 (Tex. Ctim. app. 2011) Fromb. vs. Smith, 717 F.2d 183, 186 5th (Cis. Uliss) 1823 Creqon vs. Hass. 420, 714, 718, 95.5.CT. 1215,43 c. ed. 2d. 5701975 The Federal disability act The american disability act
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Statement regarding oral argument
Attitioner believes that oral argument would aid the court in deciding the critical issues presented to the Court.
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Statement of the Case
This is a criminal charge of Burglary of a building Apped # 02-14-00401-CR + 02-14-00402-CR from cause # 1377192D + 1375130D from criminal district court number 297, Torrent County Texas. Appellant pleaded guilty to the charge on September 16, 2014. Appellant was sentenced to (3) years in the institutional Division of the texas department of criminal Justice. After a plea agreement. The court found that appellant was. Competant enough to enter into said agreement because the tival lawyer never introduced any of the mitigating evidence of petitioners mental illness history.
*6 Statement of Procedural History The Court of Appeals enetered a Jodyement on October 30, 2014 from the second District Court of Appeals, From the Hon. Justice Buldley.
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Ground For Review Petitioner is and has been on Psychiatric medications for the last (29) Years and has a lengthy history of mental illness and trial attorney failed to inform the Court of Mentall illness even though Petitioner Constantly informed him that he did not understand the laws of the proceeding and therefore could not aid him in his defense.
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Reason for Review The appellate court in its opinion ruled that the trial court commited no harmful error finding that he was mentally qualified to make a plea agreement and sentencing him before appellant had an
*7 Reuson for Review Cont. Opportunity to present mitigating issues. Appellants Attorney admitted to him that he has some mental problems yet told him prior to going into courtroom, Just agree to Whatever the Judge says and I will do the best of the telling, that My Job to understand, but yours, He Quated, Tex. Code Crim. Proc. ann. at 466.02201 a defender is incompetent to stand trial on criminal charges if he or she does not have (1) sufficient present ability to consult with his or her lawyer with a reasonable degree of national understanding or (2) a rational, as well as factual, understanding of the proceedings against him or her. Porsuant to the provisions of texas Code of Criminal Procedure art. 46B.001 If an Attorney believes his client is not competent to stand trial. Even though defense counsel usually files a motion requesting the competence examination, the Court itself or the prosecutor may cause the issue of in competency to stand trial. Tex. Code. Crim. Proc. Ann. ait 46B.004 (6) if on suggestion that the defendant may be incompetent to stand trial, The The Court most determine by imformal
*8 Reason for Review cont. Inquiry wether there is some evidence from any source that should support a finding that the detendent may be in competent. It is the final attorneys obligation to provide the court with the necessary information to determination of the detendents competency, including and supporting document used to establish probable cause in the case, and mental health evaluation and treatment records. Tex. Code, Crim. Proc. Ann. Att 46 B. 021 (D) He must by law if he knows the client is unable to adjust in his defense.
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Pager for Belief
Therefore, premises considerel petitioner prays that the court reverse the court of appenls and remund this case for further proceedings to the trial court for a sentencing hearing and any other felief to which petitioner is entitled
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Certificate of Compliance
Porsucrt to rule 9.4(I) of the Pexes foles of appenlite procedole 15 is the total number of pages for a band written petition to disceetienary Review. Waited on the 24 day of January, 2015,
*10 Certificate of Service
I Robert Wayne Westbrook, He by Certify that on the 2th day of January, 2015, a true copy of the toregoing was served on the following.
Clerk, Court of Criminal appeals. Sapreme court building. AOL W. 14th street Rm 706 Austin, Texas 78701
Cilcoper (1) (original) Court of appeals. (District at clerk) Second district of texas. 401 W Belknap Suite 7000 Fort Worth TX 76196 (1) copy Charles M Malin, R A office 901 W belknap (appellate section) Fort Worth TX 7096 (1) copy
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APPENDICES
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COURT OF APPEALS
SECOND District of Texas
CHIEF JUSTICE TERRIE LIVINGSTON JUSTICES LEE ANN DAUPHINOT ANNE GARDNER SUE WALKER BOB McCOY BILL MEIER LEE GABRIEL
TIM CURRY CRIMINAL JUSTICE CENTER 401 W. BELKNAP, SUITE 9000 FORT WORTH, TEXAS 76196
TEL: (817) 884-1900 FAX: (817) 884-1932 www.2ndcoa. comts state.ix.us
CLERK
DEBRA SPISAK CHIEF STAFF ATTORNEY LISA M. WEST GENERAL COUNSEL CLARISSA HUDGES
September 26, 2014 Lateph Akingbade Adeniji 619 West Main St., Ste. B Arlington, TX 76010
- DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 02-14-00401-CR 02-14-00402-CR Trial Court Case Number: 1375130D 1377192D Style: Robert Wayne Westbrook v.
The State of Texas The court has received a copy of the notice of appeal in the above cases. See Tex. R. App. P. 25.2(c).
The trial court's certification of your right to appeal has been filed under the date of Thursday, September 25, 2014. The certification states that this is a plea-bargain case and appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2), appendix.
Unless appellant or any party desiring to continue the appeal filed with the court, on or before Monday, October 6, 2014, a response showing grounds for continuing the appeal, the appeal may be dismissed. See Tex. R. App. P. 25.2(d), 44.3 .
Respectfully yours, DEBRA SPISAK, CLERK Debra Spiceak By: Karen Brown, Deputy Clerk
*13 cc: Robert Wayne Westbrook #0585741 Tarrant County Jail 100 N. Lamar Fort Worth, TX 76102 Hon. Everett Young Judge, 297th District Court 401 W. Belknap Fort Worth, TX 76196 Criminal District Clerk, Tarrant County Tim Curry Criminal Justice Center 401 W. Belknap, 3rd Floor Fort Worth, TX 76196 Charles M. Mallin Asst. Criminal District Attorney Tim Curry Criminal Justice Center 401 W. Belknap Fort Worth, TX 76196 Court Reporter, 297th District Court Tim Curry Criminal Justice Center 401 W. Belknap St. Fort Worth, TX 76196-0225
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COURT OF APPEALS
SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02-14-00401-CR NO. 02-14-00402-CR
ROBERT WAYNE WESTBROOK APPELLANT V.
THE STATE OF TEXAS STATE
FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NOS. 1375130D, 1377192D
MEMORANDUM OPINION [1]
Appellant Robert Wayne Westbrook attempts to appeal his convictions for burglary of a building. The trial court's certification in each cause states that this "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). On September 26, 2014, we notified Westbrook that the appeals would be dismissed pursuant to the trial court's certifications unless he
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or any party desiring to continue the appeals filed a response showing grounds for continuing the appeals. See Tex. R. App. P. 25.2(d), 44.3. Westbrook filed a response, but it does not show grounds for continuing the appeals. Therefore, in accordance with the trial court's certifications, we dismiss these appeals. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 30, 2014
NOTES
See Tex. R. App. P. 47.4.