F I L E ·o bf"'
GREGG COUNTY. TEXAS
OCT Z6 2015
NO. 44574-A
TIMOTHY MICHAEL STRUBE, § FILED IN
APPELLANT 6th COURT OF APPEALS
TEXARKANA, TEXAS
vs. § 188rn JUDICIAL DISTRICT
10/27/2015 12:20:24 PM
DEBBIE AUTREY
THE STATE OF TEXAS, Clerk
APPELLEE § GREGG COUNTY, TEXAS
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES TIMOTHY MICHAEL STRUBE, who was Defendant in the above styled
and numbered cause, by and through his counsel, EBB B. MOBLEY, the trial court having granted
permission to appeal , and files this notice that he wishes to appeal from the conviction to the Sixth
Court of Appeals on errors raised by written motion and ruled on before trial and on errors arising
during and subsequent to trial.
Sentence was imposed on October 21 , 2015 , and this written Notice of Appeal is filed with
the Clerk of this Court within 30 days of that date.
Respectfully submitted,
EBB B. MOBLEY
Attorney at Law
422 North Center Street-Lower Level
P. 0. Box 2309
Longview, TX 75606
Telephone: (903) 757-3331
Facsimile: (903) 753-8289
ebbmob@aol.com
EB~L~
Attorney for Appellant
State Bar License# 14238000
NO. 44574-A
FILED
THE STATE OF TEXAS § IN THE DISTRICT COUR'JSREGGCOUNTY.TEXAS
vs. § 188m DISTRICT COURT OCT Z6 2015
TIMOTHY MICHAEL STRUBE § GREGG COUNTY, TEXAg2..S":
MOTION FOR NEW TRIAL
~~~DM
~~
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW TIMOTHY MICHAEL STRUBE, Defendant, by and through his appointed
attorney for appeal, and files this Motion for New Trial in this case.
I.
Defendant would show the Court that there has been material error committed that is
calculated to injure the rights of Defendant.
II.
Defendant would show the Court that both the guilt/innocence verdict and the punishment
verdict are contrary to the law and the evidence in the case.
III.
Defendant would show the Court that the sentence is so disproportionate as to constitute cruel
and unusual punishment in violation of the Texas and U.S. Constitutions. The trial court exhibited
bias in failing to consider the entire range of punishment.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion for New Trial
be set for hearing, and, upon hearing, that the Court grant him a new trial.
Respectfully submitted,
EBB B. MOBLEY
Attorney at Law
422 North Center Street
P. 0. Box 2309
Longview, TX 75606
Telephone: (903) 757-3331
Facsimile: (903) 753-8289
ebbmo a Le
EBB . MOBLEY
Attorney for Defendant
State Bar License# 14238000
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing motion was
forwarded to the Gregg County Di$.j:~t Attorney, 101 E. Methvin, Suite 333, Longview, Gregg
County, Texas 75 60 I , on this the fl'Jl.fl day of October, ~ hand delivery.
EBB B. MOBLEY
NO. 44574-A
THE STATE OF TEXAS § IN THE DISTRICT COURT FI l E 0
GREGG COUNTY, TEXAS
vs. § 188rn JUDICIAL DISTRICT
TIMOTHY MICHAEL STRUBE § GREGG COUNTY, TEXAS OCT l 6 2015
DESIGNATION OF RECORD ON APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Appellant, TIMOTHY MICHAEL STRUBE, and submits this Designation of Record on
Appeal , and requests that the following items be contained in the record of this appeal :
I. A complete Reporter's Record of the trial of this cause, the voir dire examination of the jury, the final
argument of counsel , any pre-trial or post-trial hearings, or any other matters connected with this case
where the court reporter was present and transcribing the proceedings.
2. The indictment.
3. Any special pleas and motions of the Defendant and motions of the State.
4. Any written waivers.
5. Court's docket sheet.
6. Charge of Court on both guilt or innocence and punishment.
7. Any special requested charges submitted by the Defendant.
8. The verdict of the jury.
9. Court's Findings of Fact and Conclusions of Law.
I 0. Court's judgment and sentence.
I I. Motions for New Trial.
12. Notice of Appeal.
13 . Letter to court reporter requesting preparation of Reporter's Record.
14. Any notes from the jury and the Court's responses thereto.
15. All exhibits.
16. Any other matter contained within the Court's files .
17. Any order appointing a visiting or retired Judge to preside on this case.
18. Trial Court's Certification of Defendant's Right of Appeal.
WHEREFORE, PREMISES CONSIDERED, the Ap!Jellant respectfully requests that these matters be contained
within the record of this appeal.
Respectfully submitted,
EBB B. MOBLEY
Attorney at Law
422 North Center Street-Lower Level
P. 0. Box 2309
Longview, TX 75606
Telephone: (903)757-3331
Facsimile: 903) 753-8289
ebbmob l.c 1
EBB B. MOBLEY
Attorney for Timothy Michael Stru e
State Bar License # 1423 8000
CERTIFICATE OF SERVICE
1, the unde~si
ed, hereby certify that a true and correct copy of the above and foregoing was forwarded to the
office of the Gregg District Attorney, Gregg County Courthouse, I0 I E. Methvin, Suite 333, Longview, Texas
75601 , on this the day of October, 2015 , by hand delivery.
Y, Counsel for Defendant
EBB B. MOBLE"Y
ATTOR EY AT L AW
4:!2 NORT ll CENT ER STREET - LOWER LEVEL
P. 0. BOX 2309 FILED
LONGVIEW, TEXAS 75606 GREGG COUNTY. TEXAS
T ELEPHO E: (903) 757-3331
FAX: (903) 753-8289
OCT Z 6 2015
October 22, 2015
DJlif; O'CLOCK tp M
Grelyn Freeman
Court Reporter l 88 1h Di stri ct C nurl
~
101 East Methvin, Suite 408
Longview, Texas 7560 I
RE: Cause# 44574- A
State v. Timothy M ichad Strube
Dear Ms. Freeman:
I have been appo inted t.o represent the above Appellant on his appeal. I need a complete
Reporter's Record of this ase, including all pre-trial hea rings, arguments of counsel , voir dire of the
jury, and any exhibits entered into the record.
Thank you for your att" nt ion to thi s matter.
Very truly yours,
Ebb B. Mobley
/kk
cc: Zan Colson Brown
Assistant Distri ct Atto ney
101 E. Methvin Street, Suit e 133
Longview, Texas 7560 J
Ms. Barbara Duncan
Gregg County Di stric1 Clerk
P.O. Box 711
Longview, TX 75606
Mr. Timothy Strube
1305 Glencrest Lane
Longview, TX 75601
Timothy Michael Strube v. State
Combined Opinion