ACCEPTED
03-14-00469-CR
6448351
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/11/2015 3:07:47 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-14-00469-CR
FILED IN
3rd COURT OF APPEALS
_________________________________________________
AUSTIN, TEXAS
8/11/2015 3:07:47 PM
IN THE COURT OF APPEALS JEFFREY D. KYLE
FOR THE THIRD DISTRICT OF TEXAS Clerk
AUSTIN DIVISION
_________________________________________________
MITCHELL HOLLIS WRIGHT §
§
v. §
§
STATE OF TEXAS §
_______________________________________________
APPELLANT’S MOTION FOR REHEARING
_______________________________________________
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s Motion for Rehearing Page 1
Wright v. State; Cause No. 03-14-00469-CR
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellant MITCHELL HOLLIS WRIGHT, who files this
Motion for Rehearing, and respectfully asks this Court to revise its judgment in
Cause Number 03-14-00469-CR only.
I.
1. On July 28, 2015, this Court issued an opinion sustaining Appellant’s
three issues. The first two issues complained that restitution and its accompanying
fee should not have been ordered against Appellant in Trial Court Cause Number
23,385 (Appellate Cause Number 03-14-00469).
2. The Court agreed, and in its opinion “modif[ied] the trial court’s
judgment adjudicating guilt in cause number CR 23,285 to delete the language
regarding the payment of restitution.” Wright v. State, 03-14-00469-CR, 2015 WL
4609743, at *3 (Tex. App.—Austin July 28, 2015, no. pet. h.). The Court further
“modif[ied] the court costs in the judgment adjudicating guilt in cause number
CR23,385 to delete the $12.00 restitution fee.” Id.
3. However, the Court’s judgment in Cause No. 03-14-00469-CR (Trial
Court Cause Number CR 23,385) modifies the trial court’s judgment only to reflect
the correct offense (as requested in Appellant’s third issue), but does not modify
the judgment to delete the restitution and the restitution fee.
Appellant’s Motion for Rehearing Page 2
Wright v. State; Cause No. 03-14-00469-CR
4. Accordingly, Appellant asks this Court to grant this motion for
rehearing and issue a new judgment in Cause No. 03-14-00469-CR that also
modifies the trial court’s judgment to delete the restitution and the restitution fee,
as ordered in the Court’s opinion.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to
grant his Motion for Rehearing and issue a corrected judgment in Cause No. 03-
14-00469-CR that deletes the restitution and the restitution fee in the trial court’s
judgment in Cause No. CR 23,385, and which still modifies the judgment to reflect
the correct statute for the offense.
Respectfully submitted:
/s/ Justin Bradford Smith
Justin Bradford Smith
Texas Bar No. 24072348
Harrell, Stoebner, & Russell, P.C.
2106 Bird Creek Drive
Temple, Texas 76502
Phone: (254) 771-1855
FAX: (254) 771-2082
Email: justin@templelawoffice.com
ATTORNEY FOR APPELLANT
Appellant’s Motion for Rehearing Page 3
Wright v. State; Cause No. 03-14-00469-CR
CERTIFICATE OF COMPLIANCE
I hereby certify that, pursuant to Rule 9.4(i)(D) of the Texas Rules of
Appellate Procedure, Appellant’s Motion for Rehearing contains 288 words.
/s/ Justin Bradford Smith
Justin Bradford Smith
CERTIFICATE OF SERVICE
I hereby certify that, on August 11, 2015, a true and correct copy of the
Appellant’s Motion for Rehearing was sent to the following counsel by eservice:
W.W. Torrey
Joseph P. Johnson
Milam County District Attorney’s Office
204 N. Central
Cameron, Texas 76520
Email: daoffice@milamcounty.net
Attorneys for the State
/s/ Justin Bradford Smith
Justin Bradford Smith
Appellant’s Motion for Rehearing Page 4
Wright v. State; Cause No. 03-14-00469-CR