Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/31/2015 8:23:33 AM CHRISTOPHER A. PRINE Clerk *1 CAUSE NO. 74429 THE STATE OF TEXAS 149th District Court
vs of
ROBERT JAMES MARTIN, III Brazoria County, Texas
AMENDED NOTICE OF ASSIGNMENT ON APPEAL
ON THE 7th day of August, 2015, the defendant in the above styled and numbered cause
excepted to the order of the Court in said cause and gave Notice of Appeal to the Court of
Appeals, First Judicial District.
Date of Judgment or Other Order Appealed From: 7/29/15
Date of Sentencing: 7/29/15
Name of Trial Court Judge: Terri Holder
Name of Court Reporter: Robin Rios
Name and Address of Defense Attorney on Appeal:
David Michael Ryan, (Appointed) 6161 Savoy Dr., Suite 1116 Houston, Texas 77036
Name and Address of Attorney for the State on Appeal:
Jeri Yenne, District Attorney Brazoria County Courthouse 111 East Locust, Suite 408-A Angleton, TX 77515
Defendant Incarcerated? Yes
Motion for New Trial Filed? 8/27/15
Appeal Bond: No Date N/A
Offense and Punishment: COUNT 1, 2, 3, 4, 5, 6, 7, & 8 AGGRAVATED ROBBERY;
CRIMINAL EPISODE; FORTY (40) YEARS – TDCJ-ID
RHONDA BARCHAK, District Clerk By /S/ Kathleen McDougald, Deputy Appeal Notice of Assignment
12410 -.lJll!'~~ ...
AUG - 7 20\5 J-,.i. CAUSE NO. 74429 ~ ~.,_~~Col- IN THE DI9mf~~T J(fftAiDufv THE STATE OF TEXAS § §
BY_ " vs. § OF BRAZORIA COUNTY, TEXAS
§
ROBERT MARTIN § 149TH JUDICIAL DISTRICT
NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:
KENNETH P.
MINGLEDORFF, Movant, files this Notice of Appeal in the above
captioned matter.
ROBERT MARTIN, Defendant, files this his Notice of Appeal within 30 days of
conviction of said cause.
Respectfully submitted, ~A~4i) KENNETH P. MINGLEDORFF, ATTORNEY TBA 14176800 ken@mingledorfflaw.com MINGLEDORFF LAW FIRM 430 Highway 6 S., Suite 215 Houston, Texas 77079 281-497-7180 telephone 281-497-4150 fax *3 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing Motion was delivered by
hand delivery and/or facsimile to the District Attorney of Brazoria County, Texas assigned to
this case, on the 8th August, 2015.
KENNETH P. MINGLEDORFF
12410 CAUSE NO. ~, 74429, ~ ~' "~ ,-' THE STATE OF TEXAS § IN THE DISTRICT cb\JRT
§
VS. § [1] 149 h JUDICIAL DISTRICT
§ § B ZORIA COUNTY, TEXAS
ROBERT JAMES MARTIN III
DEFENDANT'S MOTION TO OR NEW TRIAL
AND MOTION IN ARREST F JUDGMENT
TO THE HONORABI;E JUDGE OF SAID COUR
COMES NOW ROBERT JAMES MA TIN III, defendant in the above-
numbered causes, and • files this motion for new t ial and motion in arrest of judgment
pursuant to Rule 21 a:nd Rule 22 of the Texas ules of Appellate Procedure, and in
support of which would show the following:
1. Mr. Martin was sentenced on July 29, 2015. This motion, filed within
thirty d~ys, is therefore timely. A h aring must commence by the 75th day
after sentencing or this motion is ov rruled by operation of law.
2. The verdict and sentence in this ase are contrary to the law and the
evidence (See Tex. R. App. P. 21.3).
3. The following facts outside of t record are also alleged (affidavit I
attached):
a. That defense counsel advise the defendant to enter an open plea
to the court when the de ndant apparently would have been
eligible for probation from a jury, and that defense counsel did not
fully explain the consequenc s of this decision to Mr. Martin.
*5 b. That defense counsel did not Ile an application for probation in the
case so that the court c ld consider deferred adjudication
probation.
c. That defense counsel failed o present an adequate defense to the
court during the sentencing p ase of the trial.
4. This court has the ability to grant a ew trial in the interests of justice, as
noted by the Texas Court of Crimi al Appeals in State v. Gonzalez, 885
S.W.2d 692 (Tex.Crim.App. 1993).
For the foregoing reasons, and for any othe s that shall be adduced upon hearing
of this motion, Mr. Martin respectfully requests tha the court grant a new trial.
616 Savoy Street Ho ston, Texas 77036 AT ORNEYFOR RO ERT JAMES MARTIN III *6 CERTIFICATE OF S RVICE: I, the undersigned attorney and counsel for Defendant, do hereby certify that the
foregoing instrument was served upon counsel for he State of Texas on this ___ _
day of ~2ot5/, by hand delivery, ce ified mail return receipt requested, or
facsimil;tt4~~mission, addressed as follows:
Via Hand Delive :
Brazoria Coun ' istrict Attorney's Office
JAL/--/
Dav1d l't)ifan *7 .
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