ACCEPTED
03-13-00296-CR
6318951
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/31/2015 5:44:58 PM
JEFFREY D. KYLE
No. 03-13-00296-CR CLERK
IN THE COURT OF APPEALS FOR
THE THIRD JUDICIAL DISTRICT OF TEXAS, AT AUSTIN
RECEIVED IN
3rd COURT OF APPEALS
Robbie Dale Walker AUSTIN, TEXAS
7/31/2015 5:44:58 PM
August 6, 2015 Appellant JEFFREY D. KYLE
Clerk
v.
The State of Texas
Appellee
On Appeal in Case Number CR11-0908, from the 207th District
Court of Hays County, the Hon. Jack H. Robison, Judge Presiding
Motion for Rehearing
TO THE HONORABLE THIRD COURT OF APPEALS:
COMES NOW, Robbie Dale Walker, Appellant in the above
styled and numbered cause, by and through John G. Jasuta, his
undersigned attorney of record, and respectfully files this “Motion
for Rehearing” and in support of such Motion would show the
Court:
I
Appellant was charged by indictment with the offense of theft
over $200,000, a first (1st) degree felony, in Cause No. CR11-0908
in the 207th District Court of Hays County, Texas. He was
convicted in said cause and was sentenced to twenty-five (25)
years in prison. Notice of Appeal was timely given on April 29,
2013. The Court affirmed his conviction on May 29, 2015.
II
Appellant would respectfully suggest that rehearing should be
granted in this case for two reasons. First, because the Court
incorrectly determined that the trial court did not abuse its
discretion in concluding that there was no evidence to support a
finding that Appellant was incompetent to stand trial. Second,
because the Court incorrectly determined that Appellant failed to
demonstrate he was denied the effective assistance of counsel.
Prayer
WHEREFORE, PREMISES CONSIDERED, Appellant
respectfully prays that this Honorable Court to grant this motion
in all things, vacate its opinion of May 29, 2015, and remand this
case to the trial court of a new trial.
Respectfully submitted,
__________________________________
John G. Jasuta
Attorney at Law
1801 East 51st Street, Suite 365474
Austin, Texas 78723
eMail: lawyer1@johngjasuta.com
Tel. 512-474-4747
Fax: 512-532-6282
State Bar No. 10592300
Attorney for Appellant
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 300 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
July 31, 2015, a true and correct copy of the above and foregoing
“Motion for Rehearing” was transmitted via the eService function
on the State’s eFiling portal, to Chris Johnson
(chris.johnson@co.hays.tx.us), counsel of record for the State of
Texas.
______________________________________
John G. Jasuta