Grayson David Smith v. State

ACCEPTED 06-15-00073-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/23/2015 5:04:38 PM DEBBIE AUTREY CLERK Appellate Docket No.: CAUSE NO. 06-15-00073-CR Appellate Case Style: GRAYSON DAVID SMITH v. The Stateof Texas FILED IN SIXTH DISTRICT COURT OF APPEALS 6th COURT OF APPEALS CRIMINAL APPEAL - DOCKETING STATEMENT TEXARKANA, TEXAS PARTIES (TRAP 32.2(a)): 7/23/2015 5:04:38 PM Appellant: Appellee: DEBBIE AUTREY Clerk GRAYSON SMITH The State of Texas Attorney (Lead Counsel): Attorney (Lead Counsel) Michael C. Lowe NOBLE DAN WALKER JR. Appointed • Retained 13 Address (Lead Counsel): DISTRICT ATTORNEYS OFFICE (HUNT) 700 N. Pearl St., Plaza of the Americas 2507 Lee St., 4th Floor North Tower, Suite 2170 Greenville, TX 75401 Dallas, Texas 75201 Telephone: 214-526-1900 Telephone: 903-408-4180 Fax: 214-748-4348 Fax: 903-408-4296 NWALKER@HUNTCOUNT Email: m lowe@dal lasjustice.com Email: Y.NET SBN (Lead Counsel): 24007573 SBN (Lead Counsel): 20717620 If not represented by counsel, provide appellant's/appellee's address, telephone number, fax number and email address: PERFECTION OF APPEAL (TRAP32.2(b),(d),(f)-(k)): Date Notice of Appeal Filed: April 27,2015 Date Sentence Imposed or Suspended in Open Court or Appealable Order Signed: If Mailed, Date Mailed: Attach File-Stamped Copyof Notice ACTIONS EXTENDING TIME TO PERFECT APPEAL (TRAP 32.2(e)): Mt. for new Trial: Yes |g] NoD Date Filed: April 27,2015 Mt. in Arrest of Judgment: Yes • No ^ Date Filed: Other (Specify): Date Filed: TRIAL AND APPEAL (TRAP 32.2(f)-(k)): Offense Charged: SEXUAL ASSAULT CHILD. Isthe appeal from a pretrial order? Yes • No ^ Date of Offense: June 19,2013 Does the appeal involve the validity ofa statute, rule, or ordinance? Yes • No£D Defendant's Plea: NOT GUILTY If yes, specify. If guilty or nolo contendere, was plea result of negotiated plea bargain agreement? Was the trial jury or nonjury? Jury Guilt/Innocence Phase: GUILTY Punishment Phase on Sexual Assault Child Charge 10 years TDCJ TRIAL COURT AND RECORD (TRAP 32.2(c),(l),(m)): Court: 354™ DISTRICT COURT T.Ct. Cause No. 29458 Trial Judge (Who Tried or Disposed of Case): Court Clerk (District or County Clerk): Honorable Judge Richard A. Bcacom, Jr. Stacey Landrum Telephone: 903-408-4194 Telephone: 903-408-4172 Fax: 903-408-4218 Fax: 903-408-4289 Address: 2507 Lee Street, 3rd Floor Address: 2507 Lee St. 2nd Floor Greenville, TX 75401 Greenville, TX 75401 Clerk's Record Fee Paid: Yes E No Q Arrangements Made to Pay Fee: Yes • No ^ Court Reporters) or Court Recorder(s): Shannon N. Head, CSR Telephone Number(s): 903-408-4235 Fax Number(s): 903-408-4239 Address(es): 2507 Lee St., Ste. 205 Greenville, TX 75401 Reporter's/Recorder's Record Date Requested: April 27,2015 (Check if Electronic Recording) Number and Date(s) of Hearings(s): Fee Paid: Yes: S No: • Arrangements Made to Pay Fee: Yes: • No: g] INDIGENCY OF PARTY (TRAP 32.1(k)): Filed Event Check as Appropriate Date Motion and Affidavit Filed Yes: • No: • Date of Hearing: Rulingon Motion: Granted: [ Denied: [ j OTHER INFORMATION (TRAP 32.2(mj): List any other pending related appeals before this or any other Texas appellate court by Court. Docket Number, and Style: / / NOTE: Ifinadequate/space has been provided for the information requested, please provide the additional information on an attachment. I CERTIFY THAT,/TO THE BEST OF MY KNOWLEDGE, ALL OF THE ABOVE INFORMATION IS TRUE AND CORRECT. July 23. 2015 Michael Lowe Date Representing: GRAYSON DAVID SMITH CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Docketing Statement was served this 23rd day of July, 2015" on all parties/attorneys cjl" record listed below by: (circle one) personal service, mail, commercial delivery service, fax. See fRAP 9.5(b). Noble D. Walker 2507 Lee St., 4th Floor Greenville. TX 75401 > Michael Lowe CAUSE NO. 29458 P -. <7 THE STATE OF TEXAS IN THE 3§4™ .JUDICIAL {' VS. § DISTRICT COURT GRAYSON SMITH § HUM COUNTY, TEXAS NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Grayson Smith, Defendant in the above entitled and numbered cause, within 30 days of sentencing, and files this Notice of Appeal with my election to have the appeal heard In the Texarkana Conn of Appeals from his conviction in Cause Number 29458. Defendant shows the Court thai pursuant to the provisions of Rule 25.2(a)(2) of the Texas Rules of Appellate Procedure. Defendant tenders this notice as evidence of his desire to appeal the conviction in Cause Number 2l)458. Respectfully su unit ted. Michael C. Lowe Hoard Certified - Criminal Law Texas Board of Legal Specialization State Bar No. 2-1007573 700 N. Pearl St.. Suite 2170 Dallas. Texas 75201 Phone: (214)526-1900 facsimile: (2M)748-4348 ATTORNEY FOR DEFENDANT NOTICE OF APPEAL Page l CERTIFICATE OF SERVICE Icertify that atrue and correct copy of the foregoing document has been mailed to the Assistant District Attorney assigned to this Court in accordance with tr/c Texas Rules of Criminal Procedure on the 27"' day of April. 2015. Michael C. Lowe NOTICE OF APPEAL Page 2