Case Information
*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 5/12/2015 1:59:38 PM DEBBIE AUTREY Clerk *1 .. . : ..
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CAUSE NO. 29458 >)
THE STATE OF TEXAS § IN THE 354-TH JUDICI~ .. "~ · .. / .l. I § • ' ';~ vs. /.).I DISTRICT COURT HUNT COUNTY~EXAS
GRAYSON SMITH
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Grayson Smith, Defendant in the above entitled and numbered cause,
within 30 days of sentencing, and files this Notice of Appeal with my election to have the
appeal heard by the Texarkana Court of Appeals from his conviction in Cau 1 e Number 29458.
Defendant shows the Court that pursuant to the provisions of Rule 5.2(a)(2) ofthe
Texas Rules of Appellate Procedure, Defendant tenders this notice as ev· -,
appeal the conviction in Cause Number 29458.
.J
Respectfully 8¥ mitted, f
Board Certified - Criminal Law
Texas Board of Legal Specialization
State Bar No.
700 N. Pearl St., Suite 2170
Dallas, Texas 75201
Phone: (214) 526-1900
Facsimile: (214) 748-4348
ATTORNEY FOR DEFENDANT
NOTICE OF APPEAL
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been mailed to the
Assistant District Attorney assigned to this Court in accordance with t e Texas Rules of
Criminal Procedure on the 27th day of April, 2015.
1~
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NOTICE OF APPEAL Page2
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Ar Flleo ~ 1f! ~At 'AR 3 1 2015 CASE No. 29458 COUNT 1 CLE~I(,o "'7 /(...._. '. \ INCIDENT NO.frRN: 9128357477 AOOl ISTRJcr --.., ~ § § cou~7; kUNrco THE STATE OJ<' TEXAS IN THE DISTRICT COURT ~~
v. §
§ OF HUNT COUNTY, TEXAS
GRAYSON DAVID SMITH 3541'11 JUDICIAL DISTRICT
STATE lD No.: TX 50357973
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, RIC~~- BEACOM, JR., Judge of the trial court certify this criminal case:
)~~is not a plea bargain case, and the defendant has the right of appeal; or
0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and
not withdrawn or waived and the defendant has the right of appeal; or
0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the
right to appeal; or
0 is a plea bargain case, and the defendant has NO right of appeal; or
0 the defendant has waived the right of appeal.
Signed on 03-31-2015.
354 Til JUDICIAL DISTRICT COURT
I have received a copy of this certification. I have also been informed of my rights concerning any
appeal of this criminal case, including any right to file a prose petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy
of the court of appeals' judgment and opinion to my last known address and I have only thirty (30) days in which to file a prose petition for discretionary review in the court of appeals. TEX. R. Al'J'. PRo. R. 68.2. I
acknowledge that, if I wish to appeal this case and if! am entitled to do so, it is my duty to inform my appellate
attorney, by written communication, of any change in the address at which I am currently living or any change \ in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate .t_ attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary re-'ew. ~t rY
~ .~ )(f{.tiv 1 ,&vv?1v ~ I I
Defendant (MUST SIGN) ~ttorney fo1· Defendant v Mailing Address: t 0 !3 0:~ rz 4 J SBN: --'-/-=-)---~.Lf....;;../;;_/__,.j><-..0"' Oc..c;;;·!J ____ _ 0 ~fiof·7 1i \<( '*U;~
Telephone number: Cfo3--l-l7~- 12.60 Address: &v. r-z '7 7 (;'{.L.lht///A. 7 sy~y
/.170 J Lj ~[' 5' 7 q 1 Telephone Number: __.: __________ _:._ Faxnumber: - - - - - - - - - - - - - - - - - - - - -
Fax Number: __ 1_ 9_ 3 __ '-f_·:J_ .... _;-__ 6_~_ _['_
1 ? *4 l
I CAUSE NO. 29458 · ~. -, ' , • I. r, • •• Jll ' 'I· •,:?
THE STATE OF TEXAS IN THE 354TH ~JIDICIAL DISTRICT COURT V; ~
vs.
§
GRAYSON SMITH HUNT COUNTY, TEXAS
DEFENDANT'S MOTION FOR A NEW TRIAL
t !
TO THE HONORABLE JUDGE OF SAID COURT: Pursuant to Rule of Appellate Procedure 21.3 and the holding in 85 5 State v. Gonzales, ~
S.W.2d 692 (Tex. Crim. App. 1993), Defendant moves the court for a New Trial in the interest
of Justice. Defendant also requests a hearing to supplement the court's record and would show
the following in support thereof.
I. ,
Defendant received ineffective assistance of counsel in violation of the 6 h Amendment
f to the United State Constitution and Article 1, Section 10 ofthe Texas Constitution, and the t I I t
Texas Code of Criminal Procedure, Article 1.05. In particular, Defense counsel failed to make
objections and/or requests concerning violations of Mr. Grayson's fundamental rights. Defense r
counsel was also ineffective in not offering testimony in rebuttal to state's witnesses. l t
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this
Honorable Court will enter an order granting the Defendant's request made herein.
i ~
l Page I DEFENDANT'S MOTION FOR A NEW TRIAL
l ; *5 ' I
I
Respectfully submi ed,
-/\t\)
Michael C. Lowe Board Certified - Criminal Law Texas Board of Legal Specialization State Bar No. 24007573
700 N. Pearl St., Suite 2170 I
Dallas, Texas 75201
Telephone: (214)526-1900 f I Facsimile: (214)748-4348 I
ATTORNEY FOR DEFENDANT f f f f l
CERTIFICATE OF SERVICE
f f I hereby certify that a true and correct copy of the above and foregoing Defendant's
! I f
Motion For New Trial has been served on the District Attorney assigned to this Court, on this the [1] h day of April, 2015.
' I ,, l Michael C. Lowe J f f
! I • Page 2 DEFENDANT'S MOTION FOR A NEW TRIAL *6 . . . •
J ORDER
l
On this date came to be heard the foregoing Motion for a New Trial, and after due
consideration, the Court is of the opinion that the same should be and it is hereby (GRANTED)
(DENIED, to which action of the Court the Defendant excepts).
SIGNED AND ENTERED this __ day of _ __ _ _ ___ , 2015.
JUDGE PRESIDING
DEFENDANT'S MOTION FOR A NEW TRIAL Page 3