Case Information

*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/31/2015 5:44:58 PM JEFFREY D. KYLE Clerk No. 03-13-00296-CR THIRD COURT OF APPEALS 7/31/2015 5:44:58 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-13-00296-CR *1 ACCEPTED ^[6318951] CLERK

IN THE COURT OF APPEALS FOR

THE THIRD JUDICIAL DISTRICT OF TEXAS, AT AUSTIN

Robbie Dale Walker

Appellant

v.

The State of Texas

Appellee

On Appeal in Case Number CR11-0908, from the 207th District

Court of Hays County, the Hon. Jack H. Robison, Judge Presiding

Motion for Rehearing

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Robbie Dale Walker, Appellant in the above

styled and numbered cause, by and through John G. Jasuta, his

undersigned attorney of record, and respectfully files this “Motion

for Rehearing” and in support of such Motion would show the

Court:

I

Appellant was charged by indictment with the offense of theft

over $200,000, a first (1st) degree felony, in Cause No. CR11-0908

in the 207th District Court of Hays County, Texas. He was

convicted in said cause and was sentenced to twenty-five (25)

years in prison. Notice of Appeal was timely given on April 29,

2013. The Court affirmed his conviction on May 29, 2015.

II

Appellant would respectfully suggest that rehearing should be

granted in this case for two reasons. First, because the Court

incorrectly determined that the trial court did not abuse its

discretion in concluding that there was no evidence to support a

finding that Appellant was incompetent to stand trial. Second,

because the Court incorrectly determined that Appellant failed to

demonstrate he was denied the effective assistance of counsel.

Prayer

WHEREFORE, PREMISES CONSIDERED, Appellant

respectfully prays that this Honorable Court to grant this motion

in all things, vacate its opinion of May 29, 2015, and remand this

case to the trial court of a new trial.

Respectfully submitted,

__________________________________

Attorney at Law

1801 East 51st Street, Suite 365474

Austin, Texas 78723

eMail: lawyer1@johngjasuta.com

Tel. 512-474-4747

Fax: 512-532-6282

State Bar No. 10592300

Attorney for Appellant

Certificate of Compliance and Delivery

This is to certify that: (1) this document, created using

WordPerfect™ X7 software, contains 300 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies

with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

July 31, 2015, a true and correct copy of the above and foregoing

“Motion for Rehearing” was transmitted via the eService function

on the State’s eFiling portal, to Chris Johnson

(chris.johnson@co.hays.tx.us), counsel of record for the State of

Texas.

______________________________________