Tawater, Royce William

253*t5                      «X5V^5
         CAUSE NUMBER: PD-0253-15



          IN THE COURT OF CRIMINAL
                                                       0R1G!
              APPEALS OF TEXAS



                                                  court of cRmmumis
           ROYCE WILLIAM TAWATER,

                          Petitioner*
                                                      APR 01 2015


                    vs.
                                                  AbelAcosta, Clerk

            THE STATE OF TEXAS/

                          Respondent.




 Seeking Review of the Sixth District Court
   of Appeals' Judgement and Opinion in               FILED IN
         Cause No: 06-14-00094-CR          COURT OF CRIMINAL APPEALS
                                                    APR 012015

     PETITION FOR DISCRETIONARY REVIEW            Abel Acosta, Clerk



        Oral Argument is Requested




                                         Royce W. Tawater,
                                         Pro Se
                                         TDCJ-CID #1950643
                                         Beto Unit
                                         1391 FM 3328
                                         Tennessee     Colony/ Texas
                                                                 75880
        CAUSE NUMBER: PD-0254-15




         IN THE COURT OF CRIMINAL

             APPEALS OF TEXAS




         ROYCE WILLIAM TAWATER/

                         Petitioner/



                   vs.




           THE STATE OF TEXAS/

                         Respondent.




Seeking Review of the Sixth District Court
  of Appeals' Judgement arid Opinion in
        Cause No: 06-14-00095-CR




    PETITION FOR DISCRETIONARY REVIEW




       Oral Argument is Requested




                                        Royce W. Tawater/
                                        Pro Se
                                        TDCJ-CID #1950643
                                        Beto Unit
                                        1391 FM 3328
                                        Tennessee   Colon// Texas
                                                            75880
                                     TABLE OF CONTENTS

                                                                                 Page
  II.   IDENTITIES OF PARTIES AND COUNSEL                                         ii
 III.   INDEX OF AUTHORITIES                                                      ii
  IV.   STATEMENT REGARDmS ORAL ARGUMENTS                                          1
   V.   STATEMENT OF THE CASE                                                     1
  VI.   STATEMENT OF PROCEDURAL HISTORY                                           2
 VII.   GROUNDS FOR REVIEW                                                        3
VIII.   ARGUMENT AND AUTHORITIES                                                  3
  IX.   PRAYER                                                                    5

        UNSWORN DECLARATION                                                       7

        CERTIFICATE OF SERVICE                                                    7

        APPENDIX

            Appointed appellate counsel transmitted a single copy of the
            Sixth Court      of    Appeals'   Opinion/Judgements.   Petitioner
            has    no   means   to photocopy those documents in order to in
            clude them     in     this petition.    However/ the originals are
            on copy with the clerk of the appellate court.




                                              -i-
                                           II*
                            IDENTITIES OF PARTIES AND COUNSEL



ROYCE WILLIAM TAWATER                                       PETITIONER



DAVID COUCH                                                 TRIAL COUNSEL
     2815 Wesley St., P.O. Box 324                          (appointed)
     Greenville/ TX 75403


KATHERINE FERGUSON                                          APPELLATE COUNSEL
     2900 Lee St./ Ste. 102                                 (appointed)
     Greenville/ TX 75403



STEPHEN B. LILLEY                                           PROSECUTOR



HONORABLE RICHARD A. BEACOM, JR.                            TRIAL JUDGE




                                           III.

                                   INDEX OF AUTHORITIES

                                                                                Page
BILLIE V. STATE/ 605 S.W. 2d 558 (Tex. Crim. App. 1980)                          4

BLACKSHEAR v. STATE/ 385 S.W. 3d 589 (Tex. Crim. App. 2012)                      4

BRITT vi N. CAROL.* 404 U-S. 226 (1971)                                          3

STRICKLAND v. WASHINGTON/ 466 U.S. 694 (1984)                                     5

WHITE v. STATE/ 823 S.W. 2d 296 (Tex. Crim. App. 1992)                          3/5




                                          -ii-
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS:
       COMES NOW/         ROYCE WILLIAM TAWATER/            "Petitioner"   pro se in the above-styled
and numbered cause numbers* and pursuant to Rule 68 of the Texas Rules of Appellate
Procedure,        this    Petition      For Discretionary Review/ and for such/ Petitioner would
respectfully show this Court as follows:


                                                      IV.

                                    STATEMENT REGARDING ORAL ARGUMENT

       This     petition challenges the court of appeals' holding that A) the trial court
did not         err in denying counsel's request for a reporter's record from a prior pro
ceeding, and; B) trial counsel was not ineffective for failing to properly request
such reporter's record.   These types of arguments appear to be improper in light
of prior        decisions        from   this Court.    These are important issues of law and these
types of arguments aree frequently appearing in appellate decisions from the various
courts     of    appeal     and    the bench and bar of this Court and need clarification from
this     Court concerning whether these types of arguments are appropriate.                 Therefore/
this Court should grant oral argument so that counsel for both sides may more fully
present     their     positions and answer any questions this Court may have after prelim
inarily reviewing this case.


                                                      V.

                                           STATEMENT OF THE CASE

       Petitioner was charged with the offenses of aggravated assault with a deadly
weapon.-    (trial       number    29,310),   deadly       conduct   discharge firearm, (trial number
29/311),      aggravated      assault     with a deadly weapon, (trial nuniber 29,502), and; un
lawful     possession       of    a firearm by a felon, (trial number 29/503), (CR: 1).           After
a   jury was selected/ seated and sworn the four causes were tried together in Feb
ruary,     2014.     The jury convicted Petitioner of the offense of possession of a fire
arm by a felon/          but could not reach a verdict on the other three charges.             However*
the following        month       another jury was seated and subsequently convicted Petitioner


       Petitioner has included a request to consolidate booh of the instant case for eocnoray; both cases
       enaangasa the sans record. Appellate counsel filed a "consolidated brief in this cause.
 of Deadly Conduct Discharge Firearm/ (#29/311; C.O.A. #06-14-00095-CR; PD-0254-15)/
 and;    Aggravated Assault W/beadly Weapon, (#29,310; C-O.A. #06-14-00094-CR; PD-0253-
 15).        The Sixth Court of Appeals affirmed the trial court's Judgement/ (Possession
of a firearm by a felon, ##29,503/ C.O.A. #06-14-00075-CRz PD-0004-15) on December
10/ 2014. Petitioner filed a timely petition for discretionary review in that
cause. Additionally/ the Sixth Court of Appeals affirmed the trial court's jud
gements in case numbers 06-00094-CR & 06-14-00095-CR.
        In the instant cause numbers/ appointed appellate counsel filed a consolidated
brief arguing that there was error in the trial court's denial of trial counsel's
request for a copy of the reporter's record from a prior proceeding, and; trial
counsel was ineffective for failing to properly request such reporter's record.
     In a three-part standard of review, the Sixth Court of Appeals opined:
        I-     RECORD OF PREVIOUS TRIAL: a reviewing court is to consider:
                   1. The value or the transcript to the defendant in connection with
                      the appeal or trial for which it is sought, and
                   2. The availability of alternative devices that would fulfill the
                      same   functions   as   a transcript, (citing: BRITT v. N. CAROL./ 404
                      U.S. 226, 227 (1971)(Opinion §2)
   11•         PRESERVATION OF ERROR: "As a prerequisite to presenting a complaint for
               appellatereview/ the record must show that*•-the complaint was made
               to the. trial court by a timely request, objection, or motion." (citing:
               Tex. R. App. Prcc 33.1(a)(1)(Opinion 04)
  IIX-         IMBFFECTIVE ASSISTANCE OF COUNSEL: Appellate counsel "failed to show
               a reasonable probability that the outcome of [Petitioner's] second trial
               would have been different had [trial] counsel requested the reporter's
               record from the first trial."(citing: STRICKLAND v. WASHINGTON, 466 U.S.
               694 (1984)(Opinion §8)


                                                VI.

                                  STATEMENT OF PROCEDURAL HISTORY
     Appointed appellate counsel/ Ratherine Ferguson, has wholly failed to transmit
copies of the Brief Of Appellant, Clerk's Record, and Reporter's Record to Petitioner
in the instant causes in order that he may more fully, specifically, cite the record*.
        The Sixth Court of Appeals issued its Opinion/Judgement on February 4, 2015.
Counsel transmitted the Opinion/Judgement six (6.) days later. Upon receipt of
the Opinions/Judgements, (02/17/15), Petitioner filed motions to extend the time
to file the petition for discretionary review £ suspend Rule 9.3(b) on March 6,
2015, which the Court granted on March 6, 2015. The current deadline to file the
petition is May 5/ 2015.


    Petitkner has te>pt counsel updabad with current addcess changes. Also, on January 1, 2035 Pet
    itioner fpprrifinally asted counsel fbr the record in this cause. Tb this date counsel has failed
    to respond to that request.
                                              .VII;.

                                        GROUNDS FOR REVIEW

    1.  The Sixth Court of Appeals