Timothy Michael Strube v. State

F I L E ·o bf"' GREGG COUNTY. TEXAS OCT Z6 2015 NO. 44574-A TIMOTHY MICHAEL STRUBE, § FILED IN APPELLANT 6th COURT OF APPEALS TEXARKANA, TEXAS vs. § 188rn JUDICIAL DISTRICT 10/27/2015 12:20:24 PM DEBBIE AUTREY THE STATE OF TEXAS, Clerk APPELLEE § GREGG COUNTY, TEXAS NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES TIMOTHY MICHAEL STRUBE, who was Defendant in the above styled and numbered cause, by and through his counsel, EBB B. MOBLEY, the trial court having granted permission to appeal , and files this notice that he wishes to appeal from the conviction to the Sixth Court of Appeals on errors raised by written motion and ruled on before trial and on errors arising during and subsequent to trial. Sentence was imposed on October 21 , 2015 , and this written Notice of Appeal is filed with the Clerk of this Court within 30 days of that date. Respectfully submitted, EBB B. MOBLEY Attorney at Law 422 North Center Street-Lower Level P. 0. Box 2309 Longview, TX 75606 Telephone: (903) 757-3331 Facsimile: (903) 753-8289 ebbmob@aol.com EB~L~ Attorney for Appellant State Bar License# 14238000 NO. 44574-A FILED THE STATE OF TEXAS § IN THE DISTRICT COUR'JSREGGCOUNTY.TEXAS vs. § 188m DISTRICT COURT OCT Z6 2015 TIMOTHY MICHAEL STRUBE § GREGG COUNTY, TEXAg2..S": MOTION FOR NEW TRIAL ~~~DM ~~ TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW TIMOTHY MICHAEL STRUBE, Defendant, by and through his appointed attorney for appeal, and files this Motion for New Trial in this case. I. Defendant would show the Court that there has been material error committed that is calculated to injure the rights of Defendant. II. Defendant would show the Court that both the guilt/innocence verdict and the punishment verdict are contrary to the law and the evidence in the case. III. Defendant would show the Court that the sentence is so disproportionate as to constitute cruel and unusual punishment in violation of the Texas and U.S. Constitutions. The trial court exhibited bias in failing to consider the entire range of punishment. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for New Trial be set for hearing, and, upon hearing, that the Court grant him a new trial. Respectfully submitted, EBB B. MOBLEY Attorney at Law 422 North Center Street P. 0. Box 2309 Longview, TX 75606 Telephone: (903) 757-3331 Facsimile: (903) 753-8289 ebbmo a Le EBB . MOBLEY Attorney for Defendant State Bar License# 14238000 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing motion was forwarded to the Gregg County Di$.j:~t Attorney, 101 E. Methvin, Suite 333, Longview, Gregg County, Texas 75 60 I , on this the fl'Jl.fl day of October, ~ hand delivery. EBB B. MOBLEY NO. 44574-A THE STATE OF TEXAS § IN THE DISTRICT COURT FI l E 0 GREGG COUNTY, TEXAS vs. § 188rn JUDICIAL DISTRICT TIMOTHY MICHAEL STRUBE § GREGG COUNTY, TEXAS OCT l 6 2015 DESIGNATION OF RECORD ON APPEAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Appellant, TIMOTHY MICHAEL STRUBE, and submits this Designation of Record on Appeal , and requests that the following items be contained in the record of this appeal : I. A complete Reporter's Record of the trial of this cause, the voir dire examination of the jury, the final argument of counsel , any pre-trial or post-trial hearings, or any other matters connected with this case where the court reporter was present and transcribing the proceedings. 2. The indictment. 3. Any special pleas and motions of the Defendant and motions of the State. 4. Any written waivers. 5. Court's docket sheet. 6. Charge of Court on both guilt or innocence and punishment. 7. Any special requested charges submitted by the Defendant. 8. The verdict of the jury. 9. Court's Findings of Fact and Conclusions of Law. I 0. Court's judgment and sentence. I I. Motions for New Trial. 12. Notice of Appeal. 13 . Letter to court reporter requesting preparation of Reporter's Record. 14. Any notes from the jury and the Court's responses thereto. 15. All exhibits. 16. Any other matter contained within the Court's files . 17. Any order appointing a visiting or retired Judge to preside on this case. 18. Trial Court's Certification of Defendant's Right of Appeal. WHEREFORE, PREMISES CONSIDERED, the Ap!Jellant respectfully requests that these matters be contained within the record of this appeal. Respectfully submitted, EBB B. MOBLEY Attorney at Law 422 North Center Street-Lower Level P. 0. Box 2309 Longview, TX 75606 Telephone: (903)757-3331 Facsimile: 903) 753-8289 ebbmob l.c 1 EBB B. MOBLEY Attorney for Timothy Michael Stru e State Bar License # 1423 8000 CERTIFICATE OF SERVICE 1, the unde~si ed, hereby certify that a true and correct copy of the above and foregoing was forwarded to the office of the Gregg District Attorney, Gregg County Courthouse, I0 I E. Methvin, Suite 333, Longview, Texas 75601 , on this the day of October, 2015 , by hand delivery. Y, Counsel for Defendant EBB B. MOBLE"Y ATTOR EY AT L AW 4:!2 NORT ll CENT ER STREET - LOWER LEVEL P. 0. BOX 2309 FILED LONGVIEW, TEXAS 75606 GREGG COUNTY. TEXAS T ELEPHO E: (903) 757-3331 FAX: (903) 753-8289 OCT Z 6 2015 October 22, 2015 DJlif; O'CLOCK tp M Grelyn Freeman Court Reporter l 88 1h Di stri ct C nurl ~ 101 East Methvin, Suite 408 Longview, Texas 7560 I RE: Cause# 44574- A State v. Timothy M ichad Strube Dear Ms. Freeman: I have been appo inted t.o represent the above Appellant on his appeal. I need a complete Reporter's Record of this ase, including all pre-trial hea rings, arguments of counsel , voir dire of the jury, and any exhibits entered into the record. Thank you for your att" nt ion to thi s matter. Very truly yours, Ebb B. Mobley /kk cc: Zan Colson Brown Assistant Distri ct Atto ney 101 E. Methvin Street, Suit e 133 Longview, Texas 7560 J Ms. Barbara Duncan Gregg County Di stric1 Clerk P.O. Box 711 Longview, TX 75606 Mr. Timothy Strube 1305 Glencrest Lane Longview, TX 75601