ACCEPTED
03-17-00628-CR
21267084
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 1:38 PM
JEFFREY D. KYLE
CLERK
NO. 03-17-00628-CR
BARLOW SMITH, § IN THE COURT OF APPEALS
FILED IN
Appellant 3rd COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 1:38:19 PM
VS. § THIRD DISTRICT JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS,
Appellee § AUSTIN, TFRAS
FIRST AMENDED STATE'S MOTION FOR THE CLERK OF
THIS COURT T0 TRANSFER THE REPORTER'S RECORD FROM
CASE NO. 03-16-00048-CR TO THE CURRENT CASE
This first amended motion is presented by the State of Texas, by and through
the undersigned Assistant District Attorney, and in support would show:
I.
This is an appeal of the trial court's denial of relief requested by Appellant
regarding his probated judgment under Texas Code of Criminal Procedure art.
11.072. Appellant had previously sought habeas relief in the same case wherein the
trial court denied Appellant's requested relief and Appellant unsuccessfully sought
appeal in Case No. 03-16-00048-CR. The Reporter's Record was filed in Case No.
03-16-00048-CRonFebruary5,2016.ASupplementalReporter'sRecordwasfiled
in the same case on April 1, 2016 together with exhibits.
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11.
Appellant has prepared and filed his briefwithout having made arrangements
for a Reporter's Record to be filed in this Case and recites facts within his brief that
are outside of both the Reporter's Record and the Clerk's Record for support of his
claim. In as much as the claims asserted byAppellant in this Case are related to the
claims asserted by Appellant in Case No. 03-16-00048-CR and perhaps some being
identical claims to those previously asserted, the State of Texas believes that it
would be in the interest of justice for this Court to order the transfer of the
Reporter's Record filed in Case No. 03-16-00048-CR on February 5, 2016 together
with the Supplemental Reporter's Record filed in the same case on April 1, 2016
along with the exhibits therewith to the present Case.
PRAYER
The State of Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and direct the Clerk of this Court
to transfer the Reporter's Record and Supplemental Reporter's Record with
Exhibits currently on file in Case No. 03-16-00048-CR being styled Ex parte
Barlow Smith to the current Case No. 03-17-00628-CR styled Ex parte Barlow
Smith.
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Respectfully submitted,
OFFICE OF DISTRICT ATTORNEY
33RI' and 424th JUDICIAL DISTRICTS
Wiley 8. MCAfee, District Attorney
P. 0. Box 725
Llano, Texas 78643
Telephone Telecopier
(325)247-5755 (325)247-5274
B}-: ar}-\rfeun-:--`
Assistant District Attorney
State Bar No. 03353500
ATTOENEY FOR APPELLEE
CERTIFICATE 0F WORD COUNT
This is to certify that the pertinent portions of this motion contains 315
words printed in Aldine401BT 14 font, according to the WordperfectTM X8 word
count tool.
CERTIFICATE 0F SERVICH
This is to certify that a true copy of the above and foregoing instrument,
together with this proof of service hereof, has been forwarded on the 13th day of
December 2017, to Barlow Smith, Appellant Pro Se, by eserve.
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