ACCEPTED
03-15-00328-cr
6641450
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/25/2015 1:20:08 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00328-CR
DANIEL LORENZO WILSON § IN THE THIRDFILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
v. § COURT OF8/25/2015
APPEALS 1:20:08 PM
§ JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS § AUSTIN, TEXAS
APPELLANT’S MOTION TO TRANSFER
ORIGINAL EXHIBITS TO COURT OF APPEALS
Appellant Daniel Wilson asks this Court to direct the trial-court clerk to
transfer original exhibits to the court of appeals and file them in this appeal.
A. INTRODUCTION
1. Appellant is Daniel Lorenzo Wilson; appellee is the State of Texas.
2. This cause is docketed in the Austin Court of Appeals under the
above cause number.
3. Counsel for Appellant attempted to confer with the State’s attorney
via email but has not received a response regarding the State’s position
on this matter.
B. ARGUMENT & AUTHORITIES
4. This Court may direct the trial-court clerk to transfer original exhibits
to the court of appeals and file them in this appeal. TEX. R. APP. P.
34.6(g)(2).
5. The original exhibits should be transferred to this Court because the
sole issue presented on appeal requires the Court to examine
photographs offered in evidence and determine whether their probative
value is substantially outweighed by the danger of unfair prejudice. The
Court cannot effectively consider the issue presented without examining
the original exhibits.
Motion to Transfer Exhibits Page 1
6. Appellant asks this Court to direct the transfer of all the original
exhibits (or at least State’s Exhibits 3-38, which are all photographs) so the
Court can fully consider and address the sole issue on appeal.
C. PRAYER
7. For these reasons, Appellant Daniel Lorenzo Wilson asks the Court to
grant this motion and order the trial-court clerk to transfer the original
exhibits to the court of appeals.
Respectfully submitted,
/s/ Alan Bennett
E. Alan Bennett
Counsel for Appellant
SBOT #02140700
Sheehy, Lovelace & Mayfield, P.C.
510 N. Valley Mills Dr., Ste. 500
Waco, TX 76710
Telephone: (254) 772-8022
Fax: (254) 772-9297
Email: abennett@slmpc.com
Certificate of Service
The undersigned hereby certifies that a true and correct copy of this
document has been served on August 25, 2015 to counsel for the State, Bob
Odom, bob.odom@co.bell.tx.us, by e-service.
/s/ Alan Bennett
E. Alan Bennett
Motion to Transfer Exhibits Page 2