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CAUSE NUMBER: PD-0253-15
IN THE COURT OF CRIMINAL
0R1G!
APPEALS OF TEXAS
court of cRmmumis
ROYCE WILLIAM TAWATER,
Petitioner*
APR 01 2015
vs.
AbelAcosta, Clerk
THE STATE OF TEXAS/
Respondent.
Seeking Review of the Sixth District Court
of Appeals' Judgement and Opinion in FILED IN
Cause No: 06-14-00094-CR COURT OF CRIMINAL APPEALS
APR 012015
PETITION FOR DISCRETIONARY REVIEW Abel Acosta, Clerk
Oral Argument is Requested
Royce W. Tawater,
Pro Se
TDCJ-CID #1950643
Beto Unit
1391 FM 3328
Tennessee Colony/ Texas
75880
CAUSE NUMBER: PD-0254-15
IN THE COURT OF CRIMINAL
APPEALS OF TEXAS
ROYCE WILLIAM TAWATER/
Petitioner/
vs.
THE STATE OF TEXAS/
Respondent.
Seeking Review of the Sixth District Court
of Appeals' Judgement arid Opinion in
Cause No: 06-14-00095-CR
PETITION FOR DISCRETIONARY REVIEW
Oral Argument is Requested
Royce W. Tawater/
Pro Se
TDCJ-CID #1950643
Beto Unit
1391 FM 3328
Tennessee Colon// Texas
75880
TABLE OF CONTENTS
Page
II. IDENTITIES OF PARTIES AND COUNSEL ii
III. INDEX OF AUTHORITIES ii
IV. STATEMENT REGARDmS ORAL ARGUMENTS 1
V. STATEMENT OF THE CASE 1
VI. STATEMENT OF PROCEDURAL HISTORY 2
VII. GROUNDS FOR REVIEW 3
VIII. ARGUMENT AND AUTHORITIES 3
IX. PRAYER 5
UNSWORN DECLARATION 7
CERTIFICATE OF SERVICE 7
APPENDIX
Appointed appellate counsel transmitted a single copy of the
Sixth Court of Appeals' Opinion/Judgements. Petitioner
has no means to photocopy those documents in order to in
clude them in this petition. However/ the originals are
on copy with the clerk of the appellate court.
-i-
II*
IDENTITIES OF PARTIES AND COUNSEL
ROYCE WILLIAM TAWATER PETITIONER
DAVID COUCH TRIAL COUNSEL
2815 Wesley St., P.O. Box 324 (appointed)
Greenville/ TX 75403
KATHERINE FERGUSON APPELLATE COUNSEL
2900 Lee St./ Ste. 102 (appointed)
Greenville/ TX 75403
STEPHEN B. LILLEY PROSECUTOR
HONORABLE RICHARD A. BEACOM, JR. TRIAL JUDGE
III.
INDEX OF AUTHORITIES
Page
BILLIE V. STATE/ 605 S.W. 2d 558 (Tex. Crim. App. 1980) 4
BLACKSHEAR v. STATE/ 385 S.W. 3d 589 (Tex. Crim. App. 2012) 4
BRITT vi N. CAROL.* 404 U-S. 226 (1971) 3
STRICKLAND v. WASHINGTON/ 466 U.S. 694 (1984) 5
WHITE v. STATE/ 823 S.W. 2d 296 (Tex. Crim. App. 1992) 3/5
-ii-
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS:
COMES NOW/ ROYCE WILLIAM TAWATER/ "Petitioner" pro se in the above-styled
and numbered cause numbers* and pursuant to Rule 68 of the Texas Rules of Appellate
Procedure, this Petition For Discretionary Review/ and for such/ Petitioner would
respectfully show this Court as follows:
IV.
STATEMENT REGARDING ORAL ARGUMENT
This petition challenges the court of appeals' holding that A) the trial court
did not err in denying counsel's request for a reporter's record from a prior pro
ceeding, and; B) trial counsel was not ineffective for failing to properly request
such reporter's record. These types of arguments appear to be improper in light
of prior decisions from this Court. These are important issues of law and these
types of arguments aree frequently appearing in appellate decisions from the various
courts of appeal and the bench and bar of this Court and need clarification from
this Court concerning whether these types of arguments are appropriate. Therefore/
this Court should grant oral argument so that counsel for both sides may more fully
present their positions and answer any questions this Court may have after prelim
inarily reviewing this case.
V.
STATEMENT OF THE CASE
Petitioner was charged with the offenses of aggravated assault with a deadly
weapon.- (trial number 29,310), deadly conduct discharge firearm, (trial number
29/311), aggravated assault with a deadly weapon, (trial nuniber 29,502), and; un
lawful possession of a firearm by a felon, (trial number 29/503), (CR: 1). After
a jury was selected/ seated and sworn the four causes were tried together in Feb
ruary, 2014. The jury convicted Petitioner of the offense of possession of a fire
arm by a felon/ but could not reach a verdict on the other three charges. However*
the following month another jury was seated and subsequently convicted Petitioner
Petitioner has included a request to consolidate booh of the instant case for eocnoray; both cases
enaangasa the sans record. Appellate counsel filed a "consolidated brief in this cause.
of Deadly Conduct Discharge Firearm/ (#29/311; C.O.A. #06-14-00095-CR; PD-0254-15)/
and; Aggravated Assault W/beadly Weapon, (#29,310; C-O.A. #06-14-00094-CR; PD-0253-
15). The Sixth Court of Appeals affirmed the trial court's Judgement/ (Possession
of a firearm by a felon, ##29,503/ C.O.A. #06-14-00075-CRz PD-0004-15) on December
10/ 2014. Petitioner filed a timely petition for discretionary review in that
cause. Additionally/ the Sixth Court of Appeals affirmed the trial court's jud
gements in case numbers 06-00094-CR & 06-14-00095-CR.
In the instant cause numbers/ appointed appellate counsel filed a consolidated
brief arguing that there was error in the trial court's denial of trial counsel's
request for a copy of the reporter's record from a prior proceeding, and; trial
counsel was ineffective for failing to properly request such reporter's record.
In a three-part standard of review, the Sixth Court of Appeals opined:
I- RECORD OF PREVIOUS TRIAL: a reviewing court is to consider:
1. The value or the transcript to the defendant in connection with
the appeal or trial for which it is sought, and
2. The availability of alternative devices that would fulfill the
same functions as a transcript, (citing: BRITT v. N. CAROL./ 404
U.S. 226, 227 (1971)(Opinion §2)
11• PRESERVATION OF ERROR: "As a prerequisite to presenting a complaint for
appellatereview/ the record must show that*•-the complaint was made
to the. trial court by a timely request, objection, or motion." (citing:
Tex. R. App. Prcc 33.1(a)(1)(Opinion 04)
IIX- IMBFFECTIVE ASSISTANCE OF COUNSEL: Appellate counsel "failed to show
a reasonable probability that the outcome of [Petitioner's] second trial
would have been different had [trial] counsel requested the reporter's
record from the first trial."(citing: STRICKLAND v. WASHINGTON, 466 U.S.
694 (1984)(Opinion §8)
VI.
STATEMENT OF PROCEDURAL HISTORY
Appointed appellate counsel/ Ratherine Ferguson, has wholly failed to transmit
copies of the Brief Of Appellant, Clerk's Record, and Reporter's Record to Petitioner
in the instant causes in order that he may more fully, specifically, cite the record*.
The Sixth Court of Appeals issued its Opinion/Judgement on February 4, 2015.
Counsel transmitted the Opinion/Judgement six (6.) days later. Upon receipt of
the Opinions/Judgements, (02/17/15), Petitioner filed motions to extend the time
to file the petition for discretionary review £ suspend Rule 9.3(b) on March 6,
2015, which the Court granted on March 6, 2015. The current deadline to file the
petition is May 5/ 2015.
Petitkner has te>pt counsel updabad with current addcess changes. Also, on January 1, 2035 Pet
itioner fpprrifinally asted counsel fbr the record in this cause. Tb this date counsel has failed
to respond to that request.
.VII;.
GROUNDS FOR REVIEW
1. The Sixth Court of Appeals