ACCEPTED
12-15-00160-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/28/2015 2:48:03 PM
Pam Estes
CLERK
NO. 12-15-00160-CR FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
ON APPEAL FROM THE 217TH JUDICIAL DISTRICT COURT
10/28/2015 2:48:03 PM
ANGELINA COUNTY, TEXAS
CAUSE NO. 2011-0160 PAM ESTES
Clerk
BRADLEY GRAHAM § IN THE 12TH COURT OF APPEALS
§
§ OF
vs. §
§
STATE OF TEXAS § TYLER, TEXAS
MOTION FOR REHEARING TO REINSTATE APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Bradley Graham, appellant, in the above styled and numbered cause, and moves
this Court to rehear his appeal and reinstate his appeal and shows the following in support.
Procedural History
On October 21, 2015, the 12th Court of Appeals issued a Memorandum Opinion dismissing
his appeal for want of jurisdiction due to the lack of the trial’s certification of the appellant’s right to
appeal. On June 23, 2015, trial court Judge signed the trial’s certification of the appellant’s right to
appeal but failed to specify the basis to appeal in the certification of appeal. On October 22, 2015,
appellate counsel forwarded to the trial judge the trial’s certification of the appellant’s right to
appeal and requested that his ministerial duty of certifying the appeal be completed and specify the
reason to support the appeal. This case did not involve a plea bargain the defendant had a statutory
right to appeal his case.
Applicable Law and Argument
This motion is filed under Rule 49.1, Tex. R. App. Pro., for the 12th Court of Appeals to
reinstate appellant’s appeal. On June 23, 2015, the trial court, appellant and his counsel signed a
certification of his right to appeal. The trial court has corrected the trial court’s certificate and
noted that the appellant is entitled to right to appeal. With this corrected trial court certificate,
compliance with Rule 25.2(a) (2) has been accomplished. Under Rule 2, Tex. R. App. Pro., the
appellate court may, for good cause, suspend a rule’s operation in a particular case.
The appellant has attached the amended trial court certificate, Exhibit A. The appellant is
requesting the District Clerk to supplement the Clerk’s records under Rule 34.5(c) with an
amended the trial court certificate to provide a statutory basis to support the appeal.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court grants his
Motion for Rehearing and withdraw prior decision and reinstate his appeal.
Respectfully submitted,
/S/ Albert J. Charanza, Jr.
Albert J. Charanza, Jr.
Charanza Law Office, P.C.
Post Office Box 1825
Lufkin, Texas 75902
Tel: (936) 634-8568
Fax: (936) 634-0306
State Bar No. 00783820
Attorney for Bradley Graham
CERTIFICATE OF SERVICE
I hereby certify that on October 28, 2015 a copy of the above and foregoing Motion to
reconsider Appeal was served upon the District Attorney's Office, at Angelina County Courthouse,
215 E. Lufkin Avenue, Lufkin, Texas 75901.
/S/ Albert J. Charanza, Jr.
Albert J. Charanza, Jr.
'.
NO. 2011-016~,;: .....,
STATEOFTE$OCI28 MHO: 4.) § IN THE 217tb DISTRICT CQURT
§ ? ~
~L • _-. •; . " (ji
VS ro h~ , 'n . ~ 1 t\;C~ L ~ ". !~~ .- § OF "'
B~LEYG~ii;t"i~;;-'~~:'~<~ ~ ANGELINACOUNTY'~ " '~, ~~~,
A/l1~ eJ.... TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT 6I'APPE~ ~~ ', "
~ ,. -;. :.:)
I,judge of the trial court, certify this criminal case: ..." '.,
.' ~
.J . ,"
is not a plea-bargain case, and the defendant has the right of appeal. [or]
is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial
and not withdrawn or waived, and the defendant has the right of appeal. [or]
_ - 'is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has
the right of appeal. [or]
is a plea-bargain case, and the defendant has NO right ~f appeal. [or]
the defendant has waived the right of appeal.
Presiding Judge \ Date ""'&Lf"'"
I have received a copy of this certification. I have also been informed of my rights concerning any
appeal of this criminal case, including any right to file a pro se petition for discretionary review
pursuant to Rule 68 of the Texas Ru1es of Appellate Procedure. I have been admonished that my
attorney must mail a copy of the court of appeals' judgment and opinion to my last known address and
that I have only 30 days in which to file a pro se petition for discretionary review in the court of
appeals. TEX.R.APP.P.68.2. I acknowledge tha~ if I wish to appeal this case and if I am entitled to do
so, it is my duty to inform my appellate attorney. by written communication, of any change in the
address at which I am curre:ntly living or any change in my current prison unit I understand that,
because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my
address, I may lose the opportunity to file a pro se petition for discretionary review.
~Bradley Graham, Inmate
Jr., No. 00783820
Law Office, P .C.• 412 South First Street
Angelina County Jail Post Office Box 1825, Lufkin, Texas 75902
P.O. Box 114 Tel: (936) 634-8568 Fax: (936) 634-0306
Lufkin, Texas 75902 EXHIBIT
I ~
Bradley Graham v. State
Combined Opinion