John Turner Gray v. State

ACCEPTED 05-15-01486-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 12/7/2015 2:03:43 PM LISA MATZ CLERK Appellate Docket No.: 05-15-01486-CR Appellate Case Style: John Turner Gray v. The State of Texas FILED IN 5th COURT OF APPEALS FIFTH DISTRICT COURT OF APPEALS DALLAS, TEXAS CRIMINAL APPEAL - DOCKETING STATEMENT 12/7/2015 2:03:43 PM LISA MATZ PARTIES (TRAP 32.2(a)): Clerk Appellant: Appellee: JOHN TURNER GRAY THE STATE OF TEXAS Attorney (Lead Counsel): Attorney (Lead Counsel): Mark Heidenheimer John Rolater Appointed [X] Retained [] Address (Lead Counsel): Address (Lead Counsel): 2208 Wisteria Way 2100 Bloomdale Road, Suite 200 McKinney, Texas 75071 McKinney, Texas 75071 Telephone: 972-548-2233 Telephone: 972-548-4323 Email: Email: jrolater@co.collin.tx.us mheidenheimerlaw(@amail.com SBN (Lead Counsel):09378800 SBN (Lead Counsel): 00791565 If not represented by counsel, provide appellant's/appellee's address, telephone number, and fax number. PERFECTION OF APPEAL (TRAP 32.2(b),(d),(f)-(k)): Date Sentence Imposed or Date Notice of Appeal Filed: 1 1 Suspended in Open Court or 11/18/2015 Appea lable Order Signed : If Mailed, Date Mailed : 11/06/2015 Attach File-Stamped Copy of Notice ACTIONS EXTENDING TIME TO PERFECT APPEAL (TRAP 32.2(e)): Mt. for New Trial: Yes [] No [X] Date Filed : Mt. in Arrest of Judgment: Yes [] Date Filed : No [X] Other (Specify): 2 2 TRIAL AND APPEAL (TRAP 32.2(f)-(k)): Offense Charged: Is the appeal from a pretrial order? Assault Fam/House Mem 2+ w/in 12 months Yes [] No [X] Date of Offense: 01/23/2014 Does the appeal involve the validity of a statute, rule, or Defendant's Plea: Not Guilty ordinance? If guilty or nolo contendere, was Yes [] No [X] plea result of negotiated plea bargain agreement? If yes, specify. Was the trial jury or nonjury? Guilt/Innocence Phase: Jury Punishment Phase: Jury Punishment Assessed: 7 years Institutional Division, TDCJ. TRIAL COURT AND RECORD (TRAP 32.2(c), (/), (m)): Court: 366th District Court of Trial Court. Cause No.: Collin County. 366-81876-2014 Trial Judge (Who Tried or Court Clerk (District or County Disposed of Case): Ray Wheless Clerk): Yoon Kim Telephone No.: 972-548-4570 Telephone No. : 972-548-4320 Fax: Fax: Address: 2100 Bloomdale Road, Address: 2100 Bloomdale Road, #30146, McKinney, Texas 75071 McKinney, Texas 75071 3 3 Clerk's Record Fee Paid: Yes [] No [] N/A Court-appointed Arrangements Made to Pay Fee: Yes [] No [] Court Reporter(s) or Court Recorder(s): Antoinette Varela Telephone Number(s): 972-548-4572 Email: avarela@collincountytx.gov Address(es): 2100 Bloomdale Road, Suite 30146, McKinney, Texas 75071. Reporter's/Recorder's Record Date Requested: 12/07/2015 (Check If Electronic Recording [ ]) Fee Paid: Yes: [] No: [] N/A Number and Date(s) of Hearing(s): Court-appointed Guilt/Innocence: 11/2-5/2015 Arrangements Made to Pay Fee: Punishment: 11/06/2015 Yes [] No [] 4 4 IN DIG ENCY OF PARTY (TRAP 32.1 (k)): Filed Event Check as Appropriate Date Motion and Affidavit Yes [X] No[] Filed Date of Hearing: 11/19/2015 Ruling on Motion: Granted [X] Denied [ ] OTHER INFORMATION (TRAP 32.2(m)): List any other pending related appeals before this or any other Texas appellate court by Court, Docket Number, and Style: 1. 366-80583-2014 2. 366-81875-2014 3. 366-82883-2015 NOTE: If inadequate space has been provided for the information requested, please provide the additional information on an attachment. 5 5 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, ALL OF THE ABOVE INFORMATION IS TRUE AND CORRECT. ls/Mark Heidenheimer Date: December 7, 2015 MARK HEIDENHEIMER State Bar No. 09378800 2208 Wisteria W~y McKinney, Texas 75071 214-578-0360 Email: mheidenheimerlaw@gmail .com Representing: John Turner Gray CERTIFICATE OF SERVICE hereby certify that a true and correct copy of the foregoing Docketing Statement was sent this 7th day of December 2015, to John Relater, Assistant Collin County District Attorney, through e-filing to his email address of jrolater@co.collin.tx.us. ls/Mark Heidenheimer MARK HEIDENHEIMER Attorney of Record for John Turner Gray 6 6 No. 366-81876-2014 THE STATE OF TEXAS IN THE 366TH DISTRICT v. COURT OF JOHN TURNER GRAY COLLIN COUNTY, TEXAS. NOTICE OF APPEAL COMES NOW JOHN TURNER GRAY, DEFENDANT, respectfully giving Notice of Appeal that he desires to appeal from the final judgment of .!~eNUtJ conviction in the above styled and numbered cause that was &+§nee by the court on the b day of November 2015. John Turner Gray appeals to the 5th Court of Appeals. FIL D 15, nv 18 PH ~= 32 ANDREA STROH THOMPSON DISTRICT CLERK COLLI COUNT . TEXAS 7