FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
3/11/2015 8:39:21 AM
LISA MATZ
Clerk
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C!r:nurt nf Appeals
lliiftf1 ilistrict nf ID.e*as at ilallas
MANDATE
TO THE COUNTY COURT AT LAW NO.6 OF COLLIN COUNTY, GREETINGS:
Before the Court of Appeals for the Fifth District of Texas, on the 261h day of January, 2015, the
cause on appeal to revise or reverse the judgment between
JEB STEVENS BROWN, Appellant On Appeal from the County Court at Law
No.6, Collin County, Texas
No. 05-14-00499-CR V. Trial Court Cause No. 006-83651-2013.
Opinion delivered by Justice Brown. Justices
THE STATE OF TEXAS, Appellee Bridges and Fillmore participating.
was determined; and this Court made its order in these words:
Based on the Court's opinion of this date, we DISMISS the appeal for want of
jurisdiction.
WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals
for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.
WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with
the Seal thereof affixed, at the City of Dallas, this 26 1h day of January, 2015.
LISA MA TZ, Clerk
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CO~HHV LLdriT AT LAY.J
JA!l 2 ~· 2015
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IN THE COUNTY COURT AT LAW NO.6
OF COLLIN COUNTY, TEXAS
Honorable Jay A. Bender, Presiding
[)ORIGINAL
Criminal Docket No. 006-83651-2013
STATE OF TEXAS
vs.
JEB STEVENS BROWN
CHARGE OF THE COURT
MEMBERS OF THE JURY:
By a previous jury verdict returned in this case, the defendant was adjudged guilty of the
class "B" misdemeanor offense of criminal mischief. It is necessary that you jurors assess the
punishment for this offense.
You are instructed an individual adjudged guilty of a Class B misdemeanor shall be
punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
Therefore, you will assess the punishment for the defendant within that range.
You are further instructed that in fixing the defendant's punishment you may take into
consideration all the facts shown by the evidence admitted before you in the full trial in this case
and the law as submitted to you in this charge.
Your verdict must be a unanimous vote of all members of the jury. In arriving at your
verdict, it will not be proper to determine it by lot, chance, or any other method than by a full,
fair, and free exercise of the opinion of the individual jurors under the evidence admitted before
you.
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Signed this the 4th day of March, 2015.
~~-A.~-
Judge Presiding
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VERDICT
The defendant having been previously been adjudged guilty as charged in the
information, we, the jury,
assess a fine of$ ¢ (answer with a dollar amount not to exceed $2,000 or
"NONE" if you choose not to assess a fine)
and set the defendant's punishment of confinement in the county jail for a period of
-=i_____,d=$50<$500. This case was called for trial; the State of Texas appeared; and the defendant appeared and either had
counsel or waived counsel, any waiver having been voluntarily, knowingly, and intelligently made. Both parties
announced ready for trial. The defendant was arraigned or waived arraignment and pleaded Not Guilty. A jury was duly
selected, impaneled and sworn.
And after hearing the information read, the defendant's plea, and the evidence submitted, the jury was then duly
charged according to the law to determine the guilt or innocence of the defendant. After hearing arguments of counsel,
the jury retired in charge ofthe proper officer to consider its verdict. The jury returned a verdict of"Guilty."
The defendant elected that the Jury assess the punishment. After hearing the evidence submitted, the jury was
then duly charged according to the law to determine the punishment of the defendant. After hearing arguments of
counsel, the jury retired in charge of the proper officer to consider its verdict. The jury assessed a fine of $0.00 and term
of confinement of 1 day.
It is further ORDERED that the amount paid to the defendant's appointed counsel is taxed against the defendant
as costs (only if the Court makes the determination that the defendant is no longer indigent) in an amount determined by
the Court as well as a one $25.00 Time Payment Fee, if applicable. To correct a cost bill, the County Clerk is granted
leave to amend it without further written order that any proper but omitted amount is due, even in cases where costs have
been previously paid.
It is further ORDERED, ADJUDGED and DECREED that all writs, processes, commitments, and capiases may
issue for enforcement of any fine, cost, and term-and-condition incarceration ordered as a condition of supervision.
It is therefore ORDERED, ADJUDGED, and DECREED that the defendant is guilty of the misdemeanor offense
of Criminal Mischief >=$50<$500 committed on this the lOth day of April, 2013, as charged in the Information. It is
further ordered that the defendant be remanded to the custody of the Sheriff of Collin County, Texas, to be confined until
all such costs and fines are paid and until the term of confinement has expired, with 1 day credit for time already served in
custody.
Punishment amended after receiving the 5th Court of Appeals decis_i.on. r~
SIGNED on this the 4th day of March, 2015. {_ ~ (!__
I am the defendant who ~ ~ ~ {
received this judgment Jay Bender
Judge Presiding
and sentence assessed
on this date. COURT COST: $319.00
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' . .) ----- RIGHT THUMB
FINE
FINE AND COST DUE
$0.00
30 days
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NO. 006-83651-2013
STATE OF TEXAS § IN THE COUNTY COURT
§
§
v. § AT LA\V NO.6
§
JEB BRO\VN §
Defelltlallt § COLLIN COUNTY, TEXAS
DEFENDANT'S NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Jeb Brown, Defendant in the above styled and numbered cause,
and gives this written notice of appeal to the Court of Appeals of the State of
Texas (5TH District Court of Appeals at Dallas, Texas) from the judgment of
conviction and sentence herein rendered against Jeb Brown.
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l Respectfully su ifted,
By/~---4L-->o...-::::----=
·C'
-~ ,..._} As~" N MEHRY ARI
Texas Bar No. 24068608
MODJARRAD I ABUSAAD I SAID LAW FIRM
212 W. Spring Valley Rd.
Richardson, Texas 75081
Tel. (972) 789-1664/Fax. (972) 789-1665
amehryari@modjarrad.com
CERTIFICATE OF SERVICE
I certify that on t e March 4, 2016, a true and correct copy of this Notice was
served on the Offic .of District Attorney of Collin County via hand delivery and
email to Katherine/ olden.
c/~n
MOTION FOR NEW TRIAL
Mehryari
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