Electronically Submitted
6/20/2016 11:45:24 AM
Gregg County District Clerk
By: Kindell Whitley ,deputy
CAUSE NO. 43,727-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
FILED IN
§ 6th COURT OF APPEALS
VS. § OF GREGG COUNTY, TEXARKANA,
TEXAS TEXAS
§ 6/22/2016 8:51:10 AM
GANELLE LEATRICE CLARK § DEBBIE AUTREY
124TH JUDICIAL DISTRICT
Clerk
NOTICE OF APPEAL
TO THE HONORABLE COURT:
Notice is hereby given that the Defendant, GANELLE LEATRICE CLARK, appeals this case
to the Sixth Court of Appeals in Texarkana.
Respectfully submitted,
THE LAW OFFICE OF JONATHAN WHARTON
P.O. Box 3585
Longview, TX 75606
Tel. (430) 558-0053
Fax (903) 900-4727
E-mail: jonwhartonlaw@gmail.com
BY: /s/ Jonathan Wharton
JONATHAN WHARTON
STATE BAR NO. 24075764
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served on the
District Attorney’s Office of Gregg County, counsel for appellee, on this the ______ 20 day of
June
___________, 2016.
/s/ Jonathan Wharton
JONATHAN WHARTON
Electronically Submitted
5/20/2016 2:40:06 PM
Gregg County District Clerk
By: Britnie Minor ,deputy
CAUSE NO. 43,727-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § OF GREGG COUNTY, TEXAS
§
GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT
MOTION FOR NEW TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW GANELLE LEATRICE CLARK, Defendant, and moves the court to grant her
a new trial for the following reasons:
I.
The Defendant pled guilty to the state jail felony offense of possession of a controlled substance
and was placed on a deferred adjudication. On April 28, 2016, she was adjudicated guilty and sentenced
to twelve months confinement in the state jail. She has no previous convictions, and her adjudication was
based on failure to comply with the requirements of probation, not any new offense or drug use.
II.
The prosecution argued for a substantial prison sentence on the premise that the Defendant is a
drug user in denial. The Defendant has been drug tested periodically for work, though, and those tests will
show that she is not a drug user. The test results are not in her possession but are in the possession of third
parties. That newly-discovered evidence is grounds for a new trial. It was also ineffective assistance of
her trial counsel to fail to present that material evidence to the Court.
WHEREFORE, PREMISES CONSIDERED: Defendant requests that this Court grant her
a new trial in this case.
Respectfully submitted,
By: /s/ Jonathan Wharton
______________________________
JONATHAN WHARTON
Attorney for Defendant
State Bar No. 24075764
P.O. Box 3585
Longview, TX 75606
Tel. 430-558-0053
Fax 903-900-4727
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document was served on the District
Attorney's Office, Gregg County Courthouse, 101 E. Methvin, Suite 333, Longview, TX 75605, on this
19
the ________ May
day of _________________, 2016.
/s/ Jonathan Wharton
_____________________________
JONATHAN WHARTON
Electronically Submitted
5/20/2016 2:40:52 PM
Gregg County District Clerk
By: Britnie Minor ,deputy
CAUSE NO. 43,727-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § OF GREGG COUNTY, TEXAS
§
GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT
MOTION TO SET APPEAL BOND
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW GANELLE LEATRICE CLARK, Defendant, and moves the court to set an
appeal bond in said cause for the following reasons:
I.
The Defendant is incarcerated in the Gregg County Jail.
II.
The Defendant pled guilty to the state jail felony offense of possession of a controlled substance
and was placed on a deferred adjudication. On April 28, 2016, she was adjudicated guilty and sentenced
to twelve months confinement in the state jail.
III.
Pending an appeal from a felony sentence of less than ten years, the Defendant must remain
released on existing bail unless “there then exists good cause to believe that the defendant would not
appear when his conviction became final or is likely to commit another offense while on bail.” See Tex.
Code of Crim. Proc., Art. 44.04(c).
WHEREFORE, PREMISES CONSIDERED: Defendant requests that this Court release the
Defendant on bail in an amount that is reasonable considering the charge and her circumstances.
Respectfully submitted,
/s/ Jonathan Wharton
By: ______________________________
JONATHAN WHARTON
Attorney for Defendant
State Bar No. 24075764
P.O. Box 3585
Longview, TX 75606
Tel. 430-558-0053
Fax 903-900-4727
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document was served on the District
Attorney's Office, Gregg County Courthouse, 101 E. Methvin, Suite 333, Longview, TX 75605, on this
19
the ________ May
day of _________________, 2016.
/s/ Jonathan Wharton
_____________________________
JONATHAN WHARTON
Electronically Submitted
6/20/2016 11:50:47 AM
Gregg County District Clerk
By: Kindell Whitley ,deputy
CAUSE NO. 43,727-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § OF GREGG COUNTY, TEXAS
§
GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT
DESIGNATION OF RECORD
TO THE HONORABLE COURT:
COMES NOW GANELLE LEATRICE CLARK, Defendant in this case, and pursuant to
Tex. R. App. Pro. § 34.6(b), designates the following portions of the Reporter’s Record for appeal:
The entirety of the hearing on April 28, 2015.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that the
Court Reporter forward the aforementioned materials to the Sixth Court of Appeals in Texarkana.
Respectfully submitted,
THE LAW OFFICE OF JONATHAN WHARTON
P.O. Box 3585
Longview, TX 75606
Tel. (430) 558-0053
Fax (903) 900-4727
E-mail: jonwhartonlaw@gmail.com
/s/ Jonathan Wharton
BY:
JONATHAN WHARTON
STATE BAR NO. 24075764
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served on the
District Attorney’s Office of Gregg County, counsel for appellee, on this the ____ 20 day of
June
___________, 2016.
/s/ Jonathan Wharton
JONATHAN WHARTON
Electronically Submitted
6/20/2016 3:09:06 PM
Gregg County District Clerk
By: Kindell Whitley ,deputy
CAUSE NO. 43,727-B
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § OF GREGG COUNTY, TEXAS
§
GANELLE LEATRICE CLARK § 124TH JUDICIAL DISTRICT
DESIGNATION OF RECORD
TO THE HONORABLE COURT:
COMES NOW GANELLE LEATRICE CLARK, Defendant in this case, and pursuant to
Tex. R. App. Pro. § 34.5(b), designates the following portions of the Clerk’s Record for appeal:
The items listed in Tex. R. App. Pr. § 34.5(a).
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests that the
District Clerk forward the aforementioned materials to the Sixth Court of Appeals in Texarkana.
Respectfully submitted,
THE LAW OFFICE OF JONATHAN WHARTON
P.O. Box 3585
Longview, TX 75606
Tel. (430) 558-0053
Fax (903) 900-4727
E-mail: jonwhartonlaw@gmail.com
BY: /s/ Jonathan Wharton
JONATHAN WHARTON
STATE BAR NO. 24075764
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served on the
District Attorney’s Office of Gregg County, counsel for appellee, on this the ____ 20 day of
June
___________, 2016.
/s/ Jonathan Wharton
JONATHAN WHARTON