CLERK'S RECORD
VOLUME 1 OF 1
TRIAL COURT CAUSE NO. CR12670 FILED IN
TH
IN THE 355 DISTRICT COURT 2nd COURT OF APPEALS
FORT WORTH, TEXAS
OF HOOD COUNTY, TEXAS,
12/17/2015 9:15:01 AM
HONORABLE RALPH H. WALTON, JR, JUDGE PRESIDING
DEBRA SPISAK
_________________________________________________________________________
Clerk
TREY ETHAN BOONE
VS
THE STATE OF TEXAS
Appealed to the Court of Appeals for the SECOND District of Texas, at FORT WORTH, Texas.
__________________________________________________________________________
Attorney for Appellant(s):
Name: STUART V. NEAL
Address: 201 EAST BRIDGE ST.
GRANBURY, TEXAS 76048
Telephone No.: 817-573-9980
Fax No.: 817-579-6280
Email Address: SNEALATTORNEY@HOTMAIL.COM
SBOT no.: 24041569
Attorney for: TREY ETHAN BOONE
__________________________________________________________________________
Delivered to the Court of Appeals for the SECOND District of Texas at FORT WORTH,
Texas
this 16TH day of DECEMBER, 2015.
__________________________________________________________________________
Appellate Court Cause No. 02-15-00417-CR
Filed in the Court of Appeals for the 355th Judicial District of Texas, at Granbury, Texas
This _____ day of ______________, 2015.
TONNA TRUMBLE HITT
DISTRICT CLERK - HOOD COUNTY, TEXAS
BY:______________________________DEPUTY
1
INDEX
CR12670 DATE PAGE
CLERK'S RECORD 1
INDEX 2
CAPTION 4
BILL OF COST 5
JUDGE'S DOCKET SHEET 6
APPLICATION FOR APPOINTMENT OF COUNSEL 11/15/2013 9
COURTS LETTER 11/18/2013 11
INDICTMENT 1/8/2014 12
PRECEPT 1/13/2014 15
COURTS LETTER 4/23/2014 16
DEFENDANTS MOTION FOR DESIGNATION OF OUTCRY WITNESS AND
HEARING REGARDING RELIABILITY OF OUTCRY WITNESS 4/30/2014 17
DEFENDANTS APPLICATION FOR SUBPOENA DUCES TECUM 5/9/2014 20
DEFENDANTS MOTION IN LIMINE 5/13/2014 23
SUBPOENA DUCES TECUM 5/15/2014 27
COURTS LETTER 5/16/2014 28
COURTS LETTER 6/10/2014 29
SUBPOENA 6/23/2014 30
DEFENDANTS APPLICATION FOR SUBPOENA DUCES TECUM 6/25/2014 31
DEFENDANTS OBJECTIONS TO VIDEOTAPED INTERVIEW 6/27/2014 34
SUBPOENA DUCES TECUM 6/30/2014 49
DEFENDANTS MEMORANDUM OF LAW REGARDING OBJECTIONS TO
VIDEOTAPED INTERVIEW 6/30/2014 50
COURTS LETTER 7/1/2014 54
SUBPOENA 7/2/2014 55
SUBPOENA 7/3/2014 56
SUBPOENA 7/3/2014 57
AGREEMENT TO RESET AND PLEAD GUILTY 7/3/2014 58
WAIVER OF RIGHT TO TRIAL BY JURY 7/7/2014 60
GUILTY PLEA MEMORANDUM 7/14/2014 61
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT TO APPEAL 7/14/2014 67
ORDER OF DEFERRED ADJUDICATION 7/14/2014 68
MOTION/ORDER TO DISMISS COUNT II, III, IV ON INDICTMENT 8/5/2014 75
MOTION TO PROCEED WITH AN ADJUDICATION OF GUILT 8/7/2015 76
APPLICATION FOR APPOINTMENT OF COUNSEL 8/17/2015 80
MOTION TO SUBSITUTE COUNSEL 9/2/2015 82
SUBPOENA 9/4/2015 84
SUBPOENA 9/4/2015 85
2
INDEX
CR12670 DATE PAGE
SUBPOENA 9/4/2015 86
SUBPOENA 9/4/2015 87
AFFIDAVIT OF CERTIFYING SCIENTIST 9/10/2015 88
AFFIDAVIT OF CERTIFYING SCIENTIST 9/10/2015 89
AFFIDAVIT OF CERTIFYING SCIENTIST 9/10/2015 90
ORDER ON MOTION TO SUBSTITUE COUNSEL 9/10/2015 93
LETTER FROM HOOD CO. CSCD 9/17/2015 94
TRIAL COURTS CERTIFICATION OF DEFENDANTS RIGHT OF APPEAL 9/21/2015 95
WAIVER OF HEARING UPON THE STATE'S MOTION TO REVOKE 9/21/2015 96
JUDGMENT ADJUDICATING GUILT 9/22/2015 98
REQUEST FOR COUNSEL ON APPEAL FROM DEFENDANT 10/10/2015 104
COURTS LETTER 10/13/2015 105
MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT 10/15/2015 106
ORDER FOR A SETTING 10/21/2015 109
ORDER ON MOTION FOR NEW TRIAL DENIED 11/10/2015 110
NOTICE OF APPEAL 11/10/2015 111
WRITTEN DESIGNATION SPECIFYING MATTERS FOR INCLUSION IN CLERKS
RECORD 11/10/2015 112
REQUEST FOR PREPARATION OF REPORTERS RECORD AND DESIGNATION OF
MATTERS TO BE INCLUDED 11/10/2015 114
MOTION FOR A FREE REPORTER'S RECORD ON APPEAL 11/10/2015 116
ORDER ON REQUEST FOR PREPARATION OF REPORTERS RECORD 11/10/2015 119
CLERKS RECORD THAT IS ATTACHED IS TURE AND CORRECT 120
BLANK BACK PAGE 121
3
CAPTION
THE STATE OF TEXAS *
COUNTY OF HOOD *
In the 355th Judicial District Court of Hood County, Texas, the Honorable Ralph H. Walton,
Jr., Judge Presiding, the following proceedings were held and the following instruments and
other papers were filed in the cause, to wit:
CAUSE NUMBER CR12670
STATE OF TEXAS
VS
TREY ETHAN BOONE
RALPH H. WALTON, JR.
DISTRICT JUDGE
355TH JUDICIAL DISTRICT
HOOD COUNTY, TEXAS
4
Bill of Cost
Hood County District Clerk
STATE OF TEXAS CAUSE NO. CR12670
VS.
TREY ETHAN BOONE
Fee Code Fee Description Charges Balance Due
CRATTY Attorney Fee 500.00 500.00
CRCAPIAS Capias Warrant Fee 100.00 60.04
CRCAP Child Abuse Prevention Fee 100.00 20.08
CRCF Clerk's Fee 40.00 8.04
CRCCC Consolidated Court Costs Fee 133.00 26.71
CRCHS Courthouse Security Fee 5.00 1.01
CREF Criminal E-Filing Conviction Fee 10.00 6.01
CRFINE Criminal Fine Fee 1,500.00 1,500.00
CRTECH Criminal Technology Fee 4.00 0.80
CRDNA DNA Testing Court Cost Fee 34.00 6.82
CRFS Family Shelter Fee 100.00 20.08
CRIDSF Indigent Defense Services Fee 2.00 0.37
CRJSF Judicial Support Fee 6.00 1.21
CRJRF Jury Reimbursement Fee 4.00 0.79
CRMTP Motion to Proceed/Revoke Fee 15.00 15.00
CRRMP Records Management and 25.00 5.02
Preservation Fee
CRSW Summoning Witness Fee 50.00 26.00
CRTPF Time Payment Fee 25.00 5.02
TOTAL 2,653.00 2,203.00
THE STATE OF TEXAS
County of Hood
I, Tonna Trumble Hitt, District Clerk of the 355 JUDICIAL DISTRICT in and for said County and State, hereby
certify the foregoing to be a true and correct account of the costs in the within entitled and numbered cause to this
date.
Witness my hand and seal of the said court affixed at the office in the County of Hood this 9th day of
December, 2015.
By: ___________________
Deputy Clerk
Tonna Trumble Hitt
Tonna Trumble Hitt, District Clerk
1200 W. Pearl St.
Granbury, TX 76048
5
•
~)/.J #;6-b:;J~ 3
355TH JUDICIAL DISTRICT CRIMINAL DOCKET · CAUSE NO. pre-indictment
DATE OF FILING
STYLE OF CASE ATTORNEYS OFFENSE MONTH DAY YEAR
THE STATE OF TEXAS ROBERT CHRISTIAN Pao n. ~e.v.ltJ2/ Ab~L .f
~
vs.
~e1.1 £.J..ha.J'} &on-e NII/Al•~
-- .
·--.-~
-
FrAJ
,
~
'-
TT ~ti&!
DATE OF ACTION
- -
·-, , .
MONTH DAY YEAR l't.. ACTION
II t(.J.. '4--· ... - - , . ·n..
If.Jr
'~ -
6
355TH JUDICIAL DISTRICT CRIMINAL DOCKET CAUSE NO. CR12670
DATE OF FILING
STYLE OF CASE ATIORNEVS OFFENSE MONTH I DAY YEAR
THE STATE OF TEXAS ROBERT CHRISTIAN AGG SEXUAL ASSAULT 01 08 I 2014
vs.
TREY ETHAN BOONE
·"'
ished the defendant,.. • .A _ _ • _ .. _ _ __ , .
mrs ~·
==-t:Fl----' ---~:':¥ l'r wJ..RIJJ"'rLl- Mj1.&~
7
-I
I
-I
rn
x
Ill
'r>
-< -I
..,..,
J"
m -I
~
:i <. ,, ni
z 0
OJ Ii
i 0
I 0 -!
z 111
II m x
i I )>
I V1
I
I
!
I
I
i
I I
II I I
I
I
II
I
I
I n
I )>
c
I V>
m
z
0
8
)>
()
Q :::u
-lo.
5
z "'......O'>
II 0
i
I
"EXlllRIT A-I"
cAusE No. / ) / 6rc?r
THE STATE OF TEXAS § IN THE DISTRICT COURT
F 1Leo
§
VS. § 355TH JUDICIAL DISTRICT
/'
vf'l;,. .,·("'
•'
. .... I /,. )/ § NOV 1 5 20
r ........ ,'.!' " / (
.:<- t ..I ~ ,..._
1 ;~ § HOOD COUNTY, TEXAS 13
<:::> I
l Gil.7111ra.~& L/,,,
Clerk Distri~~~na Trumble Hitt~
APPLICATION FOR APPOINTMENT OF COUNSEL ourt, Hood County li
. exas
On this /5-fh
day of d/f/i/1&16'er , 201,J_, I have been advised of my right to representation by
counsel in the trial of the charge pending against me. I certify that I am without means to employ counsel of my
own choosing and I hereby request the court to appoint counsel for me. I further certify that all statements in
the attached Declaration of Financial Inability to Employ Counsel are true and correct.
~ Defendant
Ah SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the /~y of
tv(JVbnhuL , 2013
Notary Puhl" in and the State of Texas
My commission expires: (itfc()?-dats=
ORDER APPOINTJNG/1){3NYH4G COUNSEL
On this the&ay of /f){J }(~ ,2ofc.Z~n
to be heard in the above numbered
and entitled cause, the sword affidavit of Defendant requesting appointment of counsel to represent Defendant
in said cause, and it appears to the Court that the Defendant is/is not an indigent person, too poor to employ
counsel to represent Defendant, and that Defendant is entitled to have an attorney appointed to represent
Defendant here in. ,
It is therefore ORDERED, ADJUDGED and DECREED
licensed practicing attorney in the State of Texas, be, and is hereby appointed counsel
that/nt "11~"*"'-
forth~efendant or
a
It is therefore QRDl!lloEB, A8JfJ'1eE8, mtd 8EGRJSl!Q tfttlt tae 1
pplie&tiaa '1lr 1 ppein*men' pf
Co~ is DENIED.
FILED
NOV 1 8 2013
Ji/.7Ma..~6.
Tanna Trumble Hitt
JJze
Clerk District Court. Hood County, Texas
9
THE STATE OF TEXAS § IN THE DISTRICT COURT
§
§ 355™ JUDICIAL DISTRICT
§
§ HOOD COUNTY. TEXAS
DECLARATION Of FINANCIAL INABILITY TO EMPLOY COUNSl:L
I, _-r;;~t~ili-~P~'~cJ,..or1,_,_,,e_ _ _, am the Defendant in the above entitled action. I am not represented by counsel in this proceeding. I have no assets except
the following: f
I) My earnings are (Name, address of employer, and amount of weekly or monthly earning.~):
2) I have other income in the amount of (State source of income and amount per week or months):
3) I am8 married and support ....Q~__ children and/or dependents who arc:
a@L
Name Relationship
II/A
Name
va Relationship
(1.//4- 11/'df
Name Relationship
4 ) Earning of my spouse and/or children are (Name of employer and amount weekly or monthly earnings):
5) I own the following property: (Address where located) (Payments) (Balance Owed) (Value)
a) Home__.~A'l"------------------
b) Automobile~os...p.---------------
c) Fumiture.--'.......,=----------------
d) Other (Land/Buildings)~4... ~..,,,~---------
c) Notes, mortgages, trust decds.--44C.c.,.·-1-~4~---------
f) Motorcycles-A4"-4---------------
g) Other vehicles__,,ci.<.,;:.-41:--------------
h) War bonds _ _Af'.'~-------------
i) Stocks and bonds..-+.n.'--------------
j) Animals_---+l-,_
....
,_(.)
:ca..
~
..""
and to make due return of this writ without delay .
Issued and given under my hand and seal of office,
=>1.&.1 ~ This 9th day of January, 2014,
C>-1
(.)CZ>
Cl;! -
Q
...i:~
QCI)
Q:c
Z'Q
(.) TONNA HITI, Clerk
355th DISTRICT COURT
HOOD COUNTY, TEXAS
BY: %(2~~cl Deputy
v
OFFICER'S RETURN
Came to hand on the \ Q day of =:)q a , 20N, at 9.') 2-
o'clock A_.M., and executed by delivering to the within name defendant,
:f- -t -< Bc:o.1\Q in custody, in person, a certified copy of the indictment
mentioned within, and delivered to me with this writ, on the \\..} day of
_)o._ ~ 20 1¥- .
day of _ __J_~-----~ 20 \./.
1
Return on the 1L\
--~-....j..>,--~===--~--CONSTABLE
Hood~y, Texas ====
BY_ _ _ _ _ _ _ _ _ _ _ DEPUTY
15
THE 355TH JUDICIAL DISTRICT COURT
Hood County Justice Center
1200 West Pearl Street
Granbury, Texas 76048
RALPH H. WALTON, JR. (817) 579-3233
- JUDGE - FAX (817) 579-3243
BOARD Ct<;R·rn'IND - CRIMINAi. LA'\'
TEX.\.S BOARD OF LEGAL SPECIALIZATION
April23,2014
Mr. Michael W. Minton
The Law Offices of Michael W. Minton
6100 Western Place, Suite W0541
Fort Worth, Texas 76107
Fax 817 377 9201
RE: Cause No. CR12670; The State of Texas vs. Trey Ethan Boone
Dear Mr. Minton:
Please be advised that this Court has targeted the above-referenced case for jury trial for
the week beginning Monday, May 19, 2014, at 9:00 o'clock a.m. Please be present with your
client ready for trial. Be further advised that should this case not be reached on this date, the case
will be automatically re-targeted for the week beginning Monday, June 2, 2014, at 9:00 o'clock
!!.:.!!!:. Should a plea agreement be reached in this case, the deadline for the District Attorney to
advise this Court and also file the executed Agreement to Reset and Plead Guilty is by 5 o'clock
p.m. on the Thursday prior to the week of scheduled jury trial.
By copy of this letter, I am confirming with the District Attorney the trial settings as
indicated below.
Thank you for your anticipated cooperation concerning this matter. Should you have any
questions regarding the above, please call (817) 579-3233.
Very truly yours,
~.L~
TnCia Walters
Assistant Court Administrator
355th Judicial District Court
cc: District Attorney- via inter-office delivery
PENNY "TEISEND l ·~ CARLISLE 16 TRICIA WALT \S RON BERRYMA..~
Court Administrator l~al Court Reporter Admin. Assist~ Bailiff
(817) 579-3233 (817) 579-3255 (817) 579-3233 (817) 579-3233
17
18
19
20
21
22
23
24
25
26
THE STATE OF TEXAS IN THE DISTRICT COURT
vs 355rn JUDICIAL~~~
'tJ ca o~
TREY ETHAN BOONE HOOD cou4(-ix,~t1f~~~~~.
SUBPOENA DUCES TECUM ~ S..cq _,
!Rz~~ L'l wrll: I J
Gft.!Jif('4"?.{,
TO ANY SHERIFF, CONSTABLE OR BY ANY OTHER PERSON WHO IS NOT A PARTY AND I~W,/{/~~~
LESS THAN EIGHTEEN YEARS OF AGE, OF THE STATE OF TEXAS, GREETINGS: '"
You are hereby Commanded that you summon LAURENCE MUNSELL, 3808 NOCONA DRIVE,
GRANBURY, TEXAS 76049-5119, and who is represented to reside within one hundred miles of the Justice
Center of Hood County, Texas, in which this suit is pending or who may be found within such distance at the time
of trial, to be and appear before the 355th District Court of Hood County, Texas, to be held at the Hood County
Justice Center in Granbury, in said County, on the 19TH DAY OF MAY, 2014, at 8:30. A.M., then and there to
testify as a witness in a certain cause now pending in said court, styled THE STATE OF TEXAS VS TREY
ETHAN BOONE Cause No. CRl2670 on the docket of said Court, and that He/She bring with Him or Her and
produce in said Court, at said time and place, the below described records desired before the Court in said cause, to-
wit:
THE ORIGINAL OR TRUE AND ACCURATE COPIES OF THE FOLLOWING:
DVDs, CDs, OR VIDEOTAPES CONTAINING EPISODES OF "SOUTH PARK."
and there attend the Court from day to day, and from term to term, until lawfully discharged.
Issued this 9TH day of MAY, 2014, and at the instance of DEFENDANT in said suit.
- (') <..>
TONNA TRUMBLE HITT - DISTRICT ci%1K a
355th Judicial District Court
,Deputy
r
OFFICER'S RETURN
Came to hand on the l.'.i day of M~
at q,'tJO o'clock ffe
4
20 r
at :3o o'clock AM and executed on /11 tr'/
I J 20J_'"/
by delivering;true copy of this subpoena to the within named witness summoned in
Hood County, Texas at '380S' }.}ot..o Nl'r Dn. '11.f?vLu.- I• Tl 7~(J~ 'I
[ ] not executed because _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified ail, receipt for service is attached.
/, -
(
_L'!.!.1.!:Jf..l..~-V.~~~---'Authorized
/ officer
_ _ _ _ _ _ _ _ _ _ County, Texas By: _ _ _ _ _ _ _ _ _ _ _ _ _Deputy
27
THE 355TH JUDICIAL DISTRICT COURT
Hood County Justice Center
1200 West Pearl Street
Granbury, Texas 76048
RALPH H. WALTON, JR, (817) 579-3233
•JUDGE· FAX (817) 579-3243
BOARD CERTIFIED • CRIMINAi~ LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
May 16, 2014
Mr. Michael W. Minton
The Law Offices of Michael W. Minton
6100 Western Place, Suite W0541
Fort Worth, Texas 76107
Fax 817 377 9201
RE: Cause No. CR12670; The State of Texas vs. Trey Ethan Boone
Dear Mr. Minton:
Please be advised that this Court has removed the above-referenced case from the jury
trial docket for the jury week beginning May 19, 2014 and specially set this case as number one
(1) for the jury week beginning Monday, July 7, 2014, at 9:00 o'clock a.m. Please be present
with your client ready for trial. Should a plea agreement be reached in this case, the deadline for
the District Attorney to advise this Court and also file the executed Agreement to Reset and
Plead Guilty is by 5 o'clock p.m. on the Thursday prior to the week of scheduled jury trial.
By copy of this letter, I am confirming with the District Attorney the trial settings as
indicated below.
Thank you for your anticipated cooperation concerning this matter. Should you have any
questions regarding the above, please call (817) 579-3233.
V t ly yours,
~0~-
ters
Assistant Court Administrator
355th Judicial District Court
cc: District Attorney - via inter-office delivery
PENNY WEISEND MIKE CARLISLE TRICIA WALTERS RON BERRYMAN
Court Administrator q ·ial Court Reporter 28 Admin. Assistf \ Bailiff
(817) 579-3233 w 17) 579-3255 (817) 579-323-( (817) 579-3233
THE 355TH JUDICIAL DISTRICT COURT
Hood County Justice Center
1200 West Pearl Street
Granbury, Texas 76048
RALPH H. WALTON, JR. (817) 579-3233
•JUDGE• FAX (817) 579-3243
BOARD CERTIFIED • CRIMINAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
June 10, 2014
Mr. Robert Christian
District Attorney
355th Judicial District Court
Hood County Justice Center
1200 West Pearl Street
Granbury, Texas 76048 - via inter-office delivery
Mr. Michael W. Minton
The Law Offices of Michael W. Minton
6100 Western Place, Suite W0541
Fort Worth, Texas 76107
Fax 817 377 9201
RE: CR12670; The State of Texas vs. Trey Ethan Boone
Dear Counsel:
This shall confirm that this Court has rescheduled the hearings on Defendant's Motion
for Designation of Outcry Witness and Hearing Regarding Reliability of Outcry Witness, filed
April 30, 2014, and Defendant's Objections to Videotaped Interview of Trey Boone, filed May
13, 2014, for Monday, June 30, 2014, at 9:00 o'clock a.m.
Should you have any questions regarding the above, please contact the Court
Administrator, Penny Weisend, at (817) 579-3233.
Very truly yours,
-b;;!if~
Assistant Court Administrator
355th Judicial District
cc: Community Supervision- via inter-office delivery
PENNY WEISEND MIKE CARLISLE TRICIA WALTERS RON BERRYMAN
Court Administrator Offi('-'. ·Court Reporter 29 Admin. Assistant ,~ Bailiff
(817) 579-3233 ....,,) 579-3255 (817) 579-3233 ' - ' (817) 579-3233
SUBPOENA
THE STATE OF TEXAS
CAUSENO. CR12670
IN THE DISTRICT COURT
co.~,
II
..
vs. OF HOOD COUNlY TEXAS
TREY ETHAN BOONE 355th JUDICIAL DISTRICT
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS,
GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
Trooper Jim Hatfield-DPS-Fax (817) 579-3347
To be and personally appear at 1:30 o'clock P.M. on the 30th day of June, 2014, before
the Honorable Ralph H. Walton, Jr., 355th Judicial District Court of Hood County, Texas, to be
held within and for said County at the Hood County Justice Center thereof, in Granbury, Texas,
then and there to testify and the truth to speak on behalf of the State of Texas in the above styled
and numbered cause, now pending in said Court, and there to remain from day to day, and from
term to term, until discharged by said Court.
To: Trooper Jim Hatfield: If you refuse to obey a subpoena, you may be fined at the discretion
of the court, as follows: In a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same.
Issued and given under my hand and seal of said Court at office this 23rd day of June, 2014.
Tonna Trumble Hitt, District Clerk
Hood County Justice Center
1200 W. Pearl St.
Granbury, Hood County, Texas
By:
Deputy
K6
WITNESSES: UPON RECEIPT OF THIS SUBPOENA, PLEASE CALL 817-579-3250
OFFICER'S RETURN
Came to hand the _ _ day of , 2014, at o'clock __ .M., and
executed on 2014, at o'clock _ _.M., by delivering a true
copy of this subpoena to the within named witness summoned in Hood County, Texas at
[ ] not executed because _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
Authorized officer ------------~
_ _ _ _ _ _ _ County, Texas
By _ _ _ _ _ _ _ _ _ _ _ , Deputy
30 ' ,
j)
'
-\
c:>
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
THE STATE OF TEXAS IN THE DISTRICT COURT
vs
TREY ETHAN BOONE
TO ANY SHERIFF, CONST ABLE OR BY ANY OTHER PERSON WHO IS AND IS NOT ~~~~R'YY
LESS THAN EIGHTEEN YEARS OF AGE, OF THE STATE OF TEXAS, GREETINGS:···,~,
You are hereby Commanded that you summon LAURENCE MUNSELL, 3808 NOCONA DRIVE,
GRANBURY, TEXAS 76049-5119, and who is represented to reside within one hundred miles of the Justice
Center of Hood County, Texas, in which this suit is pending or who may be found within such distance at the time
of trial, to be and appear before the 355th District Court of Hood County, Texas, to be held at the Hood County
Justice Center in Granbury, in said County, on the 30TH DAY OF JUNE, 2014, at 8:30. A.M., then and there to
testify as a witness in a certain cause now pending in said court, styled THE STATE OF TEXAS VS TREY
ETHAN BOONE Cause No. CR 12670 on the docket of said Court, and that He/She bring with Him or Her and
produce in said Court, at said time and place, the below described records desired before the Court in said cause, to-
wit:
THE ORIGINAL OR TRUE AND ACCURATE COPIES OF THE FOLLOWING:
DVD'S, CDS, OR VIDEOTAPES OR OTHER RECORDINGS CONTAINING EPISODES OF "SOUTH PARK"
and there attend the Court from day to day, and from term to term, until lawfully discharged.
(,
Issued this 25TH day of JUNE, 2014, and at the instance of DEFENDANT in said suit. ~g ~
Herein Fail Not, and make due return hereof, showing how you have executed the same. g~ t:_
WITNESS my official signature, at Granbury this 25TH day of JUNE, A.O. 2014. n:::: ~
~;:. N
TONNA TRUMBLE HITT - DISTRICT ~~R~
355th Judicial District Court -c''i:' ~
-1~;
r-r
Hood County, Texad
~
/
!"Tl-~
By: /ra:=;t ,Depu~~ 0
OFFICER'S RETURN
Came to hand on
at?J
the~ day of :::IU.ri. e. 20 d
at 2 '0 { o'clock £
M and executed on :J=ur. e, J(, 20l_I./
05' o'clock JtM_by delivering a true copy of this subpoena to the within named witness summoned in
Hood County, Texas at -:38't>8' fl}~WIJ.,O, /xz,v<.- ""f/,o'f'f
[ ] not executed because -----------------~
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
ft1,/.., ~=~Authorized officer
_ _ _ _ _ _ ____...tf!!J..LO....>' M and executed on
._...l 1\'i 3 20 \A-at \ 2o o'clock ~M by delivering a true copy of this subpoena to the within ~
name~ witness summoned in Hhd County, Texas at .\ID~ ~~\i\w ·~ .G~~\ ~V
[] sot@x@catedbeeause \e¥ W\..~ C.'Aw\ ~'lT~~ Cf>\ L,"'L~
[ ] delivered electronically, ackriowledge of receipt is attachea.
[ ] mailed, certified mail, receipt for service is attached.
DEWAYNE HART
Il CONSTABLE A1:1thorized officer
.
d:,bo\ County, Texas By: ~~~~~__.~~~~~
Deputy
Delt nG. Thrasher
56
HOOD COUNTY
GT l
CO~C::TJ\PI t" 0
THE STATE OF TEXAS ZI" JUL - 2 p 2: 3Lt I IN THE DISTRICT COURT
vs ••A~UDICIAL DISTRICT
TREY ETHAN BOONE lftlfJIJ~~TY. TEXAS
SUBPOENA '• r~: rrxAs,;
.lt-3 p
" 3:21
Cause No.: CR12670
Date of offense: 11/13/2013
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS:
GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON: DEPUTY PAUL KNIGHT, 400 DEPUTY
LARRY MILLER DRIVE, GRANBURY, TX 76048
To be and personally appear at 1:30 o'clock PM on the July 07, 2014 before the honorable Ralph H.
Walton, Jr., District Court of Hood County, Texas to be held within and for said County at the Hood
County Justice Center thereof, in Granbury, Texas, then and there to testify and the truth to speak on
behalf of the TREY ETHAN BOONE in the above styled and numbered cause, now pending in said
Court, and there to remain from day to day, and from term to term, until discharged by said Court.
To: DEPUTY PAUL KNIGHT, 400 DEPUTY LARRY MILLER DRIVE, GRANBURY, TX
76048: If you refuse to obey a subpoena, you may be fined at the discretion of the court, as follows: In
a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same. Issued
and given under my hand and seal of said Court at office this 2ND DAY OF JULY, 2014
TONNA TRUMBLE HITT - DISTRICT CLERK
355th Judicial District Court
Hood County, Texas
By %'7' ~Deputy
OFFICER'S RETURN
Came to hand on the 2..- day o \, 20\,<\- at Qj-4.- o'clock _f_M and executed on
...duw 'So 20~t \ 1..o o'clock _M by delivering a true copy of this subpoena to the within llr1
named"witness summoned in Hood County, Texas at 4cri ~ ~ ''tv\"\\,z.v Q¢, Q~ 1\IV
[ ] not executed because ·
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
DEWAYNE HART
~---kk____....__;;_o_~~~~T-AB_L_E~~-~:!~~~~::;c~Y~~~-=--=-~~-_;-r--r--~~~~~-
L)eltOn G. Thrasher
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
SUBPOENA
CAUSE NO. CR12670
COPY
THE STATE OF TEXAS IN THE DISTRICT COURT
vs. OF HOOD COUNTY TEXAS
TREY ETHAN BOONE 355th JUDICIAL DISTRICT
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS, GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
JARED FISH, FAX# (817) 276-9566
To be and personally appear at 1:00 o'clock P.M. on the 21st day of September, 2015, before the
Honorable Ralph H. Walton, Jr., 355 1h Judicial District Court of Hood County, Texas, to be held within
and for said County at the Hood County Justice Center thereof, in Granbury, Texas, then and there to
testify and the truth to speak on behalf of the State of Texas in the above styled and numbered cause, now
pending in said Court, and there to remain from day to day, and from term to term, until discharged by
said Court.
To: JARED FISH: If you refuse to obey a subpoena, you may be fined at the discretion of the court, as
follows: In a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same. Issued and
given under my hand and seal of said Court at office this 4th day of September, 2015.
Tonna Trumble Hitt, District Clerk
Hood County Justice Center
1200 W. Pearl St.
Granbury, ~Texas
By: ~
Deputy
WITNESSES: UPON RECEIPT OF THIS SUBPOENA, PLEASE CALL 817-579-3250
OFFICER'S RETURN
Came to hand the __ day of , 2015, at _ _ o'clock _.M., and executed on
2015, at o'clock __ .M., by delivering a true copy of this subpoena to the
------
within named witness summoned in Hood County, Texas a t - - - - - - - - - - - - - -
[ ] not executed b e c a u s e - - - - - - - - - - - - -
[ ] delivered electronically, acknowledge ofreceipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
Authorized officer
----------
-----County, Texas
By _ _ _ _ _ _ _ _ _, Deputy
84
SUBPOENA
CAUSE NO. CR12670 COPY
THE STATE OF TEXAS IN THE DISTRICT COURT
vs. OF HOOD COUNTY, TEXAS
TREY ETHAN BOONE 355rn JUDICIAL DISTRICT
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS, GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
LINDA PIERCE, CSCD
To be and personally appear at 1:00 o'clock P.M. on the 21st day of September, 2015, before the
Honorable Ralph H. Walton, Jr., 355th Judicial District Court of Hood County, Texas, to be held within
and for said County at the Hood County Justice Center thereof, in Granbury, Texas, then and there to
testify and the truth to speak on behalf of the State of Texas in the above styled and numbered cause, now
pending in said Court, and there to remain from day to day, and from term to term, until discharged by
said Court.
Said above named witness is further commanded to produce at said time and place above set forth
the following books, papers, documents, or tangible things to wit: COMMUNITY SUPERVISION
CORRECTION DEPARTMENT'S CASE FILE ON THIS CAUSE
To: LINDA PIERCE: If you refuse to obey a subpoena, you may be fined at the discretion of the court,
as follows: In a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same. Issued and
given under my hand and seal of said Court at office this 4th day of September, 2015.
Tonna Trumble Hitt, District Clerk
Hood County Justice Center
1200 W. Pearl St.
Granbury, H~otf}i1'ty, Texas
By: l)v~
Deputy
WITNESSES: UPON RECEIPT OF THIS SUBPOENA, PLEASE CALL 817-579-3250
OFFICER'S RETURN
Came to hand the __ day of , 2015, at o'clock .M., and executed on
_ _ _ _ _ _ 2015, at o'clock __ .M., by delivering a true copy of this subpoena to the
within named witness summoned in Hood County, Texas at _ _ _ _ _ _ _ _ _ _ _ _ _ __
[ ] not executed because _ _ _ _ _ _ _ _ _ _ _ __
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
Authorized officer - - - - - - - - - - -
_ _ _ _ _ _ County, Texas
By _ _ _ _ _ _ _ _, Deputy
85
SUBPOENA
CAUSE NO. CR12670
COPY
THE STATE OF TEXAS IN THE DISTRICT COURT
vs. OF HOOD COUNTY TEXAS
TREY ETHAN BOONE 355th JUDICIAL DISTRICT
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS, GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
AMBER BOSWELL, FAX# (325) 646-3477
To be and personally appear at 1:00 o'clock P.M. on the 21st day of September, 2015, before the
Honorable Ralph H. Walton, Jr., 355 1h Judicial District Court of Hood County, Texas, to be held within
and for said County at the Hood County Justice Center thereof, in Granbury, Texas, then and there to
testify and the truth to speak on behalf of the State of Texas in the above styled and numbered cause, now
pending in said Court, and there to remain from day to day, and from term to term, until discharged by
said Court.
To: AMBER BOSWELL: If you refuse to obey a subpoena, you may be fined at the discretion of the
court, as follows: In a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same. Issued and
given under my hand and seal of said Court at office this 4th day of September, 2015.
Tonna Trumble Hitt, District Clerk
Hood County Justice Center
1200 W. Pearl St.
::nbury, HgttTexas
Deputy
WITNESSES: UPON RECEIPT OF THIS SUBPOENA, PLEASE CALL 817-579-3250
OFFICER'S RETURN
Came to hand the __ day of , 2015, at _ _ o'clock _.M., and executed on
_ _ _ _ _ _ 2015, at o'clock __.M., by delivering a true copy of this subpoena to the
within named witness summoned in Hood County, Texas a t - - - - - - - - - - - - - -
[ ] not executed because
-------------
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
Authorized officer
----------
- - - - - County, Texas
By _ _ _ _ _ _ _ _ _, Deputy
86
SUBPOENA
CAUSE NO. CR12670 COPY
THE STATE OF TEXAS IN THE DISTRICT COURT
VS. OF HOOD COUNTY TEXAS
TREY ETHAN BOONE 355th JUDICIAL DISTRICT
TO ANY SHERIFF, CONSTABLE OR PEACE OFFICER OF THE STATE OF TEXAS, GREETINGS:
YOU ARE HEREBY COMMANDED TO SUMMON:
LAWRIN DEAN, FAX#(817)338-181 l
To be and personally appear at 1:00 o'clock P.M. on the 21st day of September, 2015, before the
Honorable Ralph H. Walton, Jr., 355 1h Judicial District Court of Hood County, Texas, to be held within
and for said County at the Hood County Justice Center thereof, in Granbury, Texas, then and there to
testify and the truth to speak on behalf of the State of Texas in the above styled and numbered cause, now
pending in said Court, and there to remain from day to day, and from term to term, until discharged by
said Court.
To: LAWRIN DEAN: If you refuse to obey a subpoena, you may be fined at the discretion of the court,
as follows: In a felony case, not exceeding five hundred dollars.
HEREIN FAIL NOT, and make due return hereof, showing how you have executed the same. Issued and
given under my hand and seal of said Court at office this 4th day of September, 2015.
Tonna Trumble Hitt, District Clerk
Hood County Justice Center
1200 W. Pearl St.
Granbury, Hootl!d. ty Texas
By:
Deputy~
WITNESSES: UPON RECEIPT OF THIS SUBPOENA, PLEASE CALL 817-579-3250
OFFICER'S RETURN
Came to hand the __ day of , 2015, at _ _ o'clock _.M., and executed on
- - - - - - 2015, at o'clock __ .M., by delivering a true copy of this subpoena to the
within named witness summoned in Hood County, Texas at _ _ _ _ _ _ _ _ _ _ _ _ __
[ ] not executed b e c a u s e - - - - - - - - - - - - -
[ ] delivered electronically, acknowledge of receipt is attached.
[ ] mailed, certified mail, receipt for service is attached.
Authorized officer - - - - - - - - - -
- - - - - County, Texas
~ ,D~uty
87
88
89
90
91
92
93
HOOD COUNTY COMMUNITY SUPERV~~¥d1lJoR RECORD
AND CORRECTIONS DEPAR~D COUNTY. Tfgb~\fiBerry
Hood County CSCD Ilituctor '
1202 West Pearl 2815 SEP 11 P 2: j '1
Granbury, TX 76048
(817) 579-1120 •.., ... h:n~ '-jL<..•t>;/,i,_. ! / ·· , ,
TO: Ralph H Walton Jr 08/05/2015
355th District Court Judge
3 55th Judicial District
Granbury, Texas76048
FROM: Hood County CSCD
DEFENDANT: TREY ETHAN BOONE CAUSE: CR12670
The defendant was placed on ten years deferred supervision for the offense of Aggravated Sexual Assault of a
Child on July 14, 2014. At that time, the defendant was currently being held in the Hood County Jail for a parole
violation which was ultimately revoked. The defendant was ordered to serve the remainder of his parole sentenced
incarcerated and was not released until November 2014.
After his release from incarceration, the defendant obtained employment and began reporting as directed and
making payments toward court ordered monies. He was referred to and enrolled in sex offender treatment as part of
his original conditions of supervision. In March 2015, the defendant abruptly quit his job and remained unemployed
for a lengthy period of time. On May 12, 2015, the defendant admitted during sex offender group session that he
had viewed pornography and drank alcohol. On May 19, 2015, the defendant was given a random urinalysis which
yielded positive results from the lab for marijuana and alcohol use. Due to the defendant's recent drug and alcohol
use, combined with viewing pornography, he was directed to take a polygraph examination in order to gather the
extent of non-compliant behavior at he had been involved in. the examination was conducted on June 30, 2015 and
the results were truthful; however, the defendant admitted to numerous violations of the conditions of supervision
over an extended period of time that ranged from the time he had become unemployed until he day before the
polygraph examination.
The defendant has already served a sentence in the Texas Department of Corrections on a separate offense as a
result of violating that community supervision term. Now, even after given the opportunity of supervision in this
case, he has continued behaviors that have ultimately placed the community at great risk for victimization. Even
though he has been attending sex offender treatment weekly, he has failed to internalize and exhibit lifestyle
changes necessary for successful completion of community supervision. Therefore, it is respectfully recommended
that he be adjudicated guilty of the instant offense in this case and his supervision be revoked.
RECOMMENDATION: Capias I Adjudicate I Revoke
Cc: District Attorney
94
95
96
97
98
99
100
101
102
103
104
THE 355TH JUDICIAL DISTRICT COURT
Hood County Justice Center
1200 West Pearl Street
Granbury, Texas 76048
RALPH H. "TALTON, ,JR. (817) 579-3233
- JUDGE - FAX (817) 579-3243
BO.\.Rll ('1.;H'l'H'IED • CRI~llK\.I. 11.\.\\'
TEX.\.S BOAlU> CH' LECi.\.I, SPF.('l.\.LIZ.\.TIO;oi..'"
October 13, 2015
Mr. Stuart V. Neal
The Law Office of Pamela A. Walker, P.C.
201 E. Bridge Street
Granbury, Texas 76048
Fax 817 573 6280
RE: Cause No. CR 12670; The State of Texas vs. Trey Ethan Boone
Dear Mr. Neal:
Please be advised that you have been court-appointed to represent the subject inmate,
Trey Ethan Boone, on appeal. Pursuant to Hood County's Indigent Defense Rules & Plan
(S.B.7), you must make contact with this defendant not later than the end of the first working day
after the date on which you were appointed and interview the defendant as soon as practicable.
A copy of the Order Appointing Attorney is enclosed for your reference.
By copy of this letter, I am notifying the defendant and the District Attorney's Office of
this appointment.
Should you have any questions regarding the above, please contact this office at (817)
579-3233.
Very truly yours,
Jr
jJla~~~--16===~
Assistant Court Administrator
355th Judicial District
cc: District Attorney- via facsimile
Mike Carlisle- via inter-office delivery
Trey Ethan Boone- c/o Hood County Jail - via facsimile
PEN~T "7"EISEND l\IIKE CARLISLJ•; THICIA "~A.I1l'ERS RON BEHRYMA....
105
Court Administrator cf ·.al Court Reporter Admin. Assista~ '.J Bailiff
(817) 579-3233 ~17) 579-3255 (817) 579-323,,... (817) 579-3233
106
107
108
109
110
111
112
113
114
115
116
117
118
119
******************************************************************************
CLERK’S CERTIFICATE THAT ATTACHED RECORD
IS TRUE AND CORRECT
************************************************************************
THE STATE OF TEXAS *
COUNTY OF HOOD *
I, Tonna Trumble Hitt, Clerk of the District Court of Hood County, Texas, do hereby
certify that the documents contained in this record to which this certification is attached
are all of the documents specified by Texas Rule of Appellate Procedure 34.5(a) and all
other documents timely requested by a party to this proceeding under Texas Rule of
Appellate Procedure 34.5(b).
GIVEN UNDER MY HAND AND SEAL at my office in Hood County, Texas this
16THday of DECEMBER , 2015.
Tonna Trumble Hitt
District Clerk
355th Judicial District
Hood County, Texas
By: ____________________________
Deputy
120
121