PD-0425-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/15/2015 10:09:29 AM
June 17, 2015 Accepted 6/17/2015 8:47:27 AM
IN THE COURT OF ABEL ACOSTA
CRIMINAL APPEALS CLERK
OF TEXAS
JULIO TORRES PALOMO §
PETITIONER §
§
v. § No. PD-0425-15
§
STATE OF TEXAS, §
RESPONDENT §
STATE'S REPLY BRIEF
FROM THE COURT OF APPEALS FOR THE
SIXTH APPELLATE JUDICIAL DISTRICT AT TEXARKANA
06-14-0007 6-CR
HUNT COUNTY
NOBLE D. WALKER, JR.
District Attorney
Hunt County, Texas
State Bar Number- 20717620
KELI M. AIKEN
First Assistant District Attorney
P.O. Box 441
4th Floor Hunt County Courthouse
Greenville, Texas 75401
State Bar Number- 24043442
kaiken@huntcounty.net
(903) 408-4180
FAX (903) 408-4296
TABLE OF CONTENTS
TABLE OF CONTENTS ..................................................................................................... i
INDEX OF AUTHORITIES ............................................................................................... ii
GROUNDS REVIEW SHOULD BE DENIED .................................................................. 2
SUMMARY OF THE STATE'S ARGUMENT ................................................................. 3
STATE'S GROUND ONE .............................................................................................. 4-5
As Petitioner's brief only restates the same points of enor previously addressed by
the intermediate courts of appeal and fails to state adequate reasons for review, the
petition should be summarily denied for failure to comply with Tex. R. App. Pro.,
R. 66.3.
PRAYER FOR RELIEF ...................................................................................................... 6
CERTIFICATE OF SERVICE ........................................................................................... 7
1
INDEX OF AUTHORITIES
Case Authority
Degrate v. State, 712 S.W.2d 755, 756-757 (Tex. Crim. App. 1986) ............................... .4
Gamez v. State, 737 S.W.2d 315, 317 (Tex. Crim. App. 1987). ;....................................... .4
King v. State, 125 S.W.3d 517, 520 (Tex. Crim. App. 2003)
(concurring, J. Cochran) .................................................................................................... 4
Statutes and Rules Page(s)
Texas Rules of Appellate Procedure
Rule 66.3 ................................................................................................................. 4
11
IN THE COURT OF
CRIMINAL APPEALS
OF TEXAS
JULIO TORRES PALOMO §
PETITIONER §
§
v. § No. PD-0425-15
§
STATE OF TEXAS, §
RESPONDENT §
STATE'S REPLY BRIEF
TO THE COURT OF CRIMINAL APPEALS:
Comes now the State, by and through its Assistant District Attorney, and
respectfully submits its reply to Petitioner's brief urging denial of review for the
judgment of the Sixth Appellate District Court of Appeals in this case.
1
GROUNDS REVIEW SHOULD BE DENIED
GROUND ONE
As Petitioner's brief only restates the same points of error previously
addressed by the intermediate courts of appeal and fails to state
adequate reasons for review, the petition should be summarily
denied for failure to comply with Tex. R. App. Pro., R. 66.3.
2
SUMMARY OF THE STATE'S ARGUMENTS
As Petitioner's brief only restates the same points of error previously addressed by
the intermediate courts of appeal and fails to state adequate reasons for review, the
petition should be summarily denied for failure to comply with Tex. R. App. Pro., R.
66.3.
3
THE STATE'S GROUND ONE
As Petitioner's brief only restates the same points of error previously
addressed by the intermediate courts of appeal and fails to state adequate
reasons for review, the petition should be summarily denied for failure to
comply with Tex. R. App. Pro., R. 66.3.
ARGUMENT AND AUTHORITIES
While reasons for review are listed in Rule 66.3 of the Texas Rules of Appellate
Procedure, the list is not exhaustive. Gamez v. State, 737 S.W.2d 315, 317 (Tex. Crim.
App. 1987). In DeGrate v. State, petitioner listed twelve grounds for review without any
accompanying reasons for review and each of those twelve grounds were simply a
restatement of the original issues presented to the intermediate court. Degrate v. State,
712 S.W.2d 755, 756-757 (Tex. Crim. App. 1986). This Court refused to grant review.
Fmihermore, in King v. State, this Court refused review and in the concurring opinion,
Justice Cochran explained,
Discretionary review to this court is not simply another new appeal
if a patiy did not like the result in the first one. We do not "redo" what the
courts of appeals have already done. In all cases, there is but one direct
appeal, and in all but capital cases in which the defendant is sentenced to
death, that direct appeal is to the courts of appeals. There is no second bite
at the direct appeal apple.
King v. State, 125 S.W.3d 517, 520 (Tex. Crim. App. 2003) (concurring, J.
Cochran).
Petitioner's brief in this case essentially asks this Comi to provide
Petitioner with another appeal of the same issues. Petitioner's grounds for review
are simply restatements of the issues raised to the comi of appeals, along with a
4
statement claiming the court of appeals erred. The brief itself is also essentially a
restatement of the same principals and application included in Petitioners brief
filed with the Sixth District Court of Appeals. See Opening Brief of Defendant-
Appellant filed in Case No. 06-13-00265-CR.
As Petitioner is simply asking this comi to review, for a second time, the same
issues already decided by the Sixth District Court of Appeals, this Court should deny the
petition for review
5
PRAYER FOR RELIEF
WHEREFORE, the State of Texas prays that the Court deny this petition for
review.
Respectfully submitted,
NOBLE DAN WALKER, JR.
District Attorney
Hunt County, Texas
Is/ Keli Aiken
KELI M. AIKEN
First Assistant District Attorney
P.O. Box 441
4th Floor Hunt County Courthouse
Greenville, TX 75401
State Bar No. 24043442
kaiken@huntcounty.net
(903) 408-4180
FAX (903) 408-4296
6
CERTIFICATE OF SERVICE
A true copy of the State's brief has been sent by certified mail to Petitioner,
JULIO TORRES PALOMO, #1923341, McConnell Unit TDCJ, 3001 S. Emily Dr.,
Beeville, TX 78102.
Is/ Keli Aiken
KELI M. AIKEN
First Assistant District Attorney
7