Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/11/2015 3:07:47 PM JEFFREY D. KYLE Clerk CAUSE NO. 03-14-00469-CR THIRD COURT OF APPEALS 8/11/2015 3:07:47 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00469-CR *1 ACCEPTED ^[6448351] CLERK _________________________________________________ IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN DIVISION _________________________________________________ MITCHELL HOLLIS WRIGHT §

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STATE OF TEXAS §

_______________________________________________ APPELLANT’S MOTION FOR REHEARING _______________________________________________ Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com ATTORNEY FOR APPELLANT *2 TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellant MITCHELL HOLLIS WRIGHT, who files this

Motion for Rehearing, and respectfully asks this Court to revise its judgment in

Cause Number 03-14-00469-CR only.

I. 1. On July 28, 2015, this Court issued an opinion sustaining Appellant’s

three issues. The first two issues complained that restitution and its accompanying

fee should not have been ordered against Appellant in Trial Court Cause Number

23,385 (Appellate Cause Number 03-14-00469).

2. The Court agreed, and in its opinion “modif[ied] the trial court’s

judgment adjudicating guilt in cause number CR 23,285 to delete the language

regarding the payment of restitution.” Wright v. State , 03-14-00469-CR, 2015 WL

4609743, at *3 (Tex. App.—Austin July 28, 2015, no. pet. h.). The Court further

“modif[ied] the court costs in the judgment adjudicating guilt in cause number

CR23,385 to delete the $12.00 restitution fee.” Id .

3. However, the Court’s judgment in Cause No. 03-14-00469-CR (Trial

Court Cause Number CR 23,385) modifies the trial court’s judgment only to reflect

the correct offense (as requested in Appellant’s third issue), but does not modify

the judgment to delete the restitution and the restitution fee. *3 4. Accordingly, Appellant asks this Court to grant this motion for

rehearing and issue a new judgment in Cause No. 03-14-00469-CR that also

modifies the trial court’s judgment to delete the restitution and the restitution fee,

as ordered in the Court’s opinion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to

grant his Motion for Rehearing and issue a corrected judgment in Cause No. 03-

14-00469-CR that deletes the restitution and the restitution fee in the trial court’s

judgment in Cause No. CR 23,385, and which still modifies the judgment to reflect

the correct statute for the offense.

Respectfully submitted: /s/ Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com ATTORNEY FOR APPELLANT *4 CERTIFICATE OF COMPLIANCE I hereby certify that, pursuant to Rule 9.4(i)(D) of the Texas Rules of

Appellate Procedure, Appellant’s Motion for Rehearing contains 288 words.

/s/ Justin Bradford Smith CERTIFICATE OF SERVICE I hereby certify that, on August 11, 2015, a true and correct copy of the

Appellant’s Motion for Rehearing was sent to the following counsel by eservice:

W.W. Torrey

Joseph P. Johnson

Milam County District Attorney’s Office

204 N. Central

Cameron, Texas 76520

Email: daoffice@milamcounty.net

Attorneys for the State

/s/ Justin Bradford Smith Justin Bradford Smith