Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/11/2015 10:26:27 AM JEFFREY D. KYLE Clerk IN THE THIRD COURT OF APPEALS THIRD COURT OF APPEALS 8/11/2015 10:26:27 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00473-CR *1 ACCEPTED [6439490] CLERK AT AUSTIN, TEXAS
JAMES ERIC GRANT, §
Appellant §
§ CAUSE NO. 03-15-00473-CR V. § TRIAL COURT NO. 69,168
§
THE STATE OF TEXAS, §
Appellee §
MOTION FOR TRANSFER OF REPORTER’S RECORD TO THE HONORABLE COURT OF APPEALS:
COMES NOW , James Eric Grant, Appellant, who would request that the Court transfer the reporter’s record from appellate cause number 03-15-00447-CR
to appellate cause number and for cause would show as follows:
On May 5, 2011, pursuant to plea agreement, James Eric Grant entered a guilty plea to the offense of possession of a controlled substance, to-wit: cocaine,
one gram or more but less than four grams, a third degree felony. See TEX.
HEALTH AND SAFETY CODE §481.115 (West 2010) . His indictment also
alleged two prior felony convictions for enhancement purposes, but the state
abandoned one paragraph as part of the plea agreement, and Grant pled “true” to
only one enhancement paragraph. (C.R. 1, pp. 5, 33 and 88). On June 3, 2011,
after hearing punishment evidence, in keeping with the agreement, the trial court
deferred a finding on Grant’s guilt, and he was placed instead on community
supervision for ten years. (C.R. 1, p. 39). On November 1, 2013, the State filed a
motion to adjudicate his guilt. The motion to adjudicate alleged various violations
of the terms and conditions of Grant’s community supervision. (C.R. 1, p. 54). On
May 19, 2014, the trial court held a hearing on the State’s first amended motion to
adjudicate. ( See , C.R. 1, p. 66). At that hearing, Grant entered an open plea of
“true” to all of the State’s allegations in its amended motion. (R.R. 5, p. 7). The
trial court adjudicated Grant’s guilt and, after hearing punishment evidence,
assessed a sentence of 18 years on June 6, 2014. Grant filed a notice of appeal
from that judgment and sentence on July 17, 2014, forty-one days after sentencing.
His appeal was dismissed by this Court on October 31, 2014, for want of
jurisdiction. ( See CCA No. ). Grant filed an application for writ
of habeas corpus with the Texas Court of Criminal Appeals. (CCA No. WR-
83,255-01 ). He alleged ineffective assistance of trial counsel in giving timely
notice of appeal. The Court of Criminal Appeals granted the writ by order dated
June 24, 2015, and, after mandate issued, Grant subsequently gave due notice of
appeal from his original judgment and conviction which resulted in this cause. The
reporter’s record previously filed in Grant’s appellate cause number 03-15-00447-
CR is one and the same reporter’s record now due in this cause and for that reason
Movant requests the transfer of said reporter’s record from that cause to this.
PRAYER WHEREFORE , Counsel respectfully prays that this Court t r a n s f e r t h e r e p o r t e r ’ s r e c o r d f r o m c a u s e n u m b e r 0 3 - 1 5 - 0 0 4 4 7 -
C R t o t h i s c a u s e .
COPELAND LAW FIRM P.O. Box 399
Cedar Park, TX 78613 Phone: 512.897.8196 Fax: 512.215.8114 Email: tcopeland14@yahoo.com By: /s/Tim Copeland Tim Copeland State Bar No. 04801500 Attorney for Appellant CERTIFICATE OF SERVICE AND OF COMPLIANCE WITH RULE 9
This is to certify that on August 11, 2015, a true and correct copy of the above and foregoing document was served on Bob Odom, Assistant District
Attorney of Bell County, P.O. Box 540, Belton, Texas 76513 in accordance with
the Texas Rules of Appellate Procedure , and that Appellant’s motion is in
compliance with Rule 9 of the Texas Rules of Appellate Procedure and that
portion which must be included under Rule 9.4(i)(1) contains 586 words.
/s/ Tim Copeland Tim Copeland