6/22/2015 3:44PM SCAN NED
IN THE 380TH JUDICIAL DISTRICT COURT
FILED IN
COLLIN COUNTY, TEXAS 5th COURT OF APPEALS
DALLAS, TEXAS
BENJAMIN N. SMITH, JUDGE PRESIDING
7/24/2015 3:38:53 PM
CAUSE NO. 380-81729-2014 LISA MATZ
Clerk
STATE OF TEXAS
v.
ANGELA DAWN CLAMPITT
ORDER GRANTING DEFENDANT'S MOTION FOR NEW TRIAL
On the 15th day of June 2015, the Court heard Defendant Angela
Dawn Clampitt's Motion for New Trial. Defendant Angela Dawn Clampitt
appeared in person and through attorney Derek Walpole. The State
appeared by and through Assistant District Attorney lisa King. Each side
presented arguments to the Court.
Having considered defendant' s motion and the evidence in the light
most favorable to the verdict, the Court finds that no rational trier of fact
could have found the essential elements of the offense for which the
defendant was convicted beyond a reasonable doubt.
The Court finds that Defendant Angela Dawn Clampitt is entitled to a
new trial based on insufficient evidence. It is therefore ORDERED,
ADJUDGED, and DECREED that the Judgment of Conviction by Jury dated 29
April 2015 is SET ASIDE and that Defendant Angela Dawn Clampitt is
GRANTED a new trial based on insufficient evidence.
Having found the evidence insufficient as a matter of law, it is
ORDERED, ADJUDGED, and DECREED that defendant Angela Dawn Clampitt
Order Granting Defendant's Motion for New Trial Page 1 of2
is NOT GUILTY, and that she be discharged immediately from any liabilities
resulting from the judgment of conviction in this cause.
Signed this 22nd day of June, 2015.
/s/ BENJAMIN N. SMITH
Benjamin N. Smith
Presiding Judge
Order Granting Defendant's Motion for New Trial Page 2 o/2