Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-14-00066-CV [5895779] THIRD COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE In the Court of Appeals CLERK For the Third Judicial District Sitting at Austin, Texas No. 03-14-00066-CV Jacob Robert Allen and Karra Trichele Allen Appellants v. Rickie Lee Allen Appellee Appealed from the County Court of Burnet County, Texas Motion for Leave to File Appellee’s Supplemental Brief and Updated Appendix Jordan A. Mayfield State Bar No. 24037051 Jeffrey A. Armstrong State Bar No. 24038747 Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax) Attorneys for Appellee
{03452057.DOC / } *2 No. 03-14-00066-CV Jacob Robert Allen and Karra Trichele Allen
Appellants
v. Rickie Lee Allen
Appellee
Motion for Leave to File Appellee’s Supplemental
Brief and Updated Appendix
To the Honorable Court of Appeals: Comes now Rickie Lee Allen, Appellee in this case, and files this Motion for Leave to File Supplemental Brief and/or Updated Appendix, and would show unto the Court as follows:
This matter has been before the Court and ready for disposition since June 18, 2014. In Appellee’s Brief, Appellee stated “On July 1, 2013, Karra Allen shot her husband, Brian Allen, and killed him.” While on appeal, Karra Trichele Allen was tried and convicted of murdering her husband, Brian Dean Allen. Appellee requests the Court of Appeals to file the attached updated Appendix to Appellee’s Brief, which includes the Judgment of Conviction by a Jury.
{03452057.DOC / }
*3 Prayer Rickie Lee Allen, Appellee, respectfully requests that the Court grant this Motion, allow the filing of the supplemental and/or updated Appendix, and for such other relief all such other and further relief to which it is entitled.
Respectfully submitted, ____________________________________ Jordan A. Mayfield State Bar No. 24037051 mayfield@namanhowell.com Jeffrey A. Armstrong State Bar No. 24038747 armstrong@namanhowell.com Robert Little State Bar No. 24050940 little@namanhowell.com Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax) Attorneys for Appellee
{03452057.DOC / } iii *4 Certificate of Conference I hereby certify that I have attempted to confer with appellate counsel for Jacob Allen and Karra Trichele Allen – Angela Dowdle and Eddie Shell, and have had no response from the correspondence emailed and faxed to them. I have made reasonable attempts to confer with the other parties to determine their position on the substance of this Motion. I am not able to make a representation to the Court that this Motion is either opposed or unopposed due to their lack of response.
________________________________ Jordan A. Mayfield
Certificate of Service I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, at the address shown by placing the same in a properly addressed envelope, postage pre-paid, and mailing the document by first class mail (and by other means stated below) on July 1, 2015.
Eddie G. Shell Shell & Shell 6000 Highway 281 North Marble Falls, Texas 78654 Via U. S. First Class Mail & Facsimile 830.798.0328 Angela M. Dowdle Angela M. Dowdle, PC 211 E. Jackson Burnet, Texas 78611 Via U.S. First Class Mail & Facsimile 512.756.9110
____________________________________ Jordan A. Mayfield
1
{03452057.DOC / }
*5 In the Court of Appeals For the Third Judicial District Sitting at Austin, Texas No. 03-14-00066-CV Jacob Robert Allen and Karra Trichele Allen Appellants v. Rickie Lee Allen Appellee Appealed from the County Court of Burnet County, Texas
UPDATED APPENDIX
Order Granting Rickie Lee Allen’s Traditional Motion for Summary Judgment A Holographic Will B Indictment C Judgment of Conviction by a Jury D
{03441965.DOCX / }
*7 . I
NO. P9661
§ IN THE COUNTY COURT. IN THE ESTATE OF § BRIAN ALLEN, § OF § DECEASED § BURNET COUNTY, TEXAS ORDER GRANTING RICKIE LEE ALLEN'S TRADITIONAL MOTION FOR SUMMARY ~JUDGMENT Came on to be heard this 18th day of November, 2013, Rickie Lee Allen's Traditional Motion tol" Summary Judgment, and after considering such Motion and the arguments of counsel. the Court is of the opinion the Motion should be granted in its entirety.
It is. therefore, ORDERED that Rickie Lee Allen's Motion for Summary Judgment is (/()b(Jr~- 4//,p1"'\ 'M:;;,r;() by Jttl((j.'i, hereby granted with costs of courH'o be taxed against Jacob Robert Allen. SIONED this I 8 rh day of November, 2013. Alxoms ctl~AYO~rol~ J TEXAS ~~~~~~~I:IooA~~_DEPUTY PHge I of I Order Granting Rickie Lee Allen's'
:02624330.DOC / )
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~4~: :::: *11 NO: L\1..]u5 THESTATEOFTEXAS VS.
KARRA TRICHELE ALLEN
MURDER
INDICTMENT: 19.02(b)(1) PENAL CODE:
FIRST
DEGREE FELONY DEGREE OF FELONY: 09990019 OFFENSE CODE:
BOND:
~'YOD,OOO,~~ CONTROL # DA ... 13~00744 TRN#9192623972 AOOl IN THE 424th JUDICIAL DISTRICT COURT OF BURNET COUNTY, TEXAS
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Burnet, State of Texas, duly organized, impaneled and sworn as such at the January tenn, A.D. 2014, of the 424th Judicial District Court for said COtll1ty, upon their oaths present in and to said court at said term that, KARRA TRICHELE ALLEN, hereinafter referred to as Defendant, on or about the 1 st day of July, 2013, and before the presentment of this indictment, in the County of Burnet, and the State of Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Brian Allen, by shooting him with a firearm.
AGAINST THE PEACE AND DIGNITY OF THE STATE
FOREP
Page 1 of 1 *12 AAppppeennddiixx DD
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*13 CASE No. 42765 COUNT ONE INCIDENT No.lTRN: 9192623972 §
THE STATE OF TEXAS
IN THE 33RD DISTRICT § § V. COURT § § KARRA TRICHELE ALLEN BURNET COUNTY, TEXAS § STATE ID No. : TX05058281 §
JUDGMENT OF CONVICTION BY JURY
Date Judgment HON. J. ALLAN GARRETT Judge Presiding: 6/2/2015 Entered: WILEY MCAFEE! Attorney for EDDIE SHELL
Attorney for State: PETERKEIM Defendant: Offense for which Defendant Convicted:
MURDER
Charging Instrument: Statute for Offense: INDICTMENT 19.02(b)(l) Penal Code Date of Offense: 71112013 Degree of Offense: Plea to Offense:
1ST DEGREE FELONY
NOT GUILTY Verdict of Jury: Findings on Deadly Weapon:
GUILTY
YES, A FIREARM Plea to 1'1 Enhancement Plea to [2] nd EnhancementlHabitual
N/A
N/A Paragraph: Paragraph: Findings on 1"1 Enhancement Findings on [2] nd
N/A
N/A Paragraph: EnhancementlHabitual Paragraph: Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: JURY 6/2/2015 6/2/2015 Punishment and Place
LIFE INSTITUTIONAL DIVISION, TDCJ
of Confinement: THIS SENTENCE SHALL RUN CONCURRENTLY. D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A Fine: Restitution: Restitution Payable to: o VICTIM (see below) 0 AGENCY/AGENT (see below)
$N/A
$N/A If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. From 7/212013 to 8/8/2013 From to From to
Time From to From to From to Credited: If Defendant is to serve sentence [10] county jailor IS given credit toward fine and costs, enter days credited below. N/A DAYS NOTES: N/A
All pertinent information, names and assessments iodicated above are incorporated ioto the language of the judgment below by reference. This cause was called for trial in Llano County, Texas. The State appeared by her District Attorney. Counsell Waiver of Counsel <select one)
[gI Defendant appeared in person with Counsel. o Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.
It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record.
The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.
judgmenc oCconvictioD _by.jury.docx Pagelof2 *14 The Court rece ived the verdict and ORDEllED it entered upon the minutes of the Court. Punishment Assessed by Jury I Court I No election (select one)
~ .Jury Defendant entered a plea and filed a written election to have the jury assess punishment. The Jury heard evidence relati ve to th e question of punishment. The Court charged t he jury and it retired to consider the ques tion of punishment. After du e deliberat.ion, the jury wa s brought into Court, and , in open court., it returned its verdict as indicated above. D Court. Defe ndant elected (.u ha ve t.h e Court assess punishm ent. After hea ring evidence relative to the question of punish ment, t.he Court a ssessed Dehmdant's Jlunis hment as indicated a bove . D No Election . Defe ndant did no t file a writw n election as to whcther the judg'c or jury s hould assess punishment . After hea ring evidence relative to t.he question of punishment, the Court assessed De fe nda nt's punis hme nt as indicated above.
The Court FINDS Defe ndan t co mmitted the above offense and ORDERS, ADJUDGES AND DECREES t.hat. De fe ndant is GUILTY of the above offense . The Court FINDS the Present e nce Investigation , if so ordered, wa s don e according to the applicable provis ions of TEX . CODE CRIM. PROC. art. 42 .12 § 9.
Th e COlll't OHDERS Defe ndant punished as indicate d above . The Court ORDERS Defe ndant t.o pay all fin es, co urt cos ts, and res titution as indicated above . Punishment Option s (se lect one) ~ Confinement in State ,Jailor Institutional Division , Th e Court ORDERS the a u t horized age nt of the State of Texas or t he Sheriff of t.his Cou nty to take , safely co nvey , and de liver Defendant to the Dil'Cetor, Institutional Division, TDCJ, The Co urt ORDEHS Defe nda nt to be co nfin ed for the period a nd in the manne r indicated above . The COUl't OIWEHS Defendant remanded to the custody of t. he Sheriff of this county until the Sheriff ca n obey the direction s of this se ntence, The Co urt ORDERS that upon release from confinement. Defe nd a nt proceed imm edia tely to the BUHNET COUNTY COLLECTIONS OFFICE, 220 S, PIERCE, BURNET, TEXAS , Once there , the Co urt ORDERS Defe nd a nt to pay, 01' make al'l'angements to pay , any remaining unpaid fin es , co urt costs, a nd restitution as orde red by the Court above, D County Jail- Confinement I Confinement in Lieu of Payment. The Court ORDERS Defenda'nt immediately committed to the custody of th e Sheriff of Co unty, Texas on the dat.e the se ntence is to commence, Defendant shall be confined in t.he County Jai l for the period indica ted auove. The Co urt OHDf.HS th at upon release fr0111 co nfine me n t, Defendant shall proceed imm ediately to t he On ce there , t he Court OHDEHS De fe nd a nt to pay, or make a rran ge ments to pay, any re maining unp aid fin es, court costs, and rest itution as ord ered by the Co m! above. D Fine Only Payment, The p u nis hm ent a~sessed aga inst Defulldant is for a FINE ONLY . The Court ORDERS De fend a nt to procee d immediately to the Office of the County On ce th ol'e, the Co urt OIWERS De fe ndant to pay 01' make arr'angements to pa y a ll fin es and court. costs as ordered by th e Cuurt in this ca lise .
Execution I Sus,p.ension of SenttJJ1,ce . (~!!J~"'-LQr1~) [2J The Court ORDEHS De fendant's sente nce EXECUTED , D The Court ORDEHS Defendant's sente nce of confineme nt SUSPENDED. The Court ORDERS Defe ndant placed on community s u pervision for th e adjudged pe riod (above) so long as De fend a nt abides uy and doe s not vio late the terms a nd conditions of community supervi sion. The order se tting forth the term s a nd conditions of community sup el'visio n is incurporated into t.his Judgm cnt by re fere nce ,
Th e COlll't OHDEHS t hat Defendant is given credit nuted a bove on this sen lence for th~! t.im e spe nt incarcerated, FurthermQLQ....1..hQJ·Qllowing sw)cial findings or orders aIm.!.Yl Signed and entered on June 2, 2015 x J.j \LLAN GARRETT J UDGE PRESlDING
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