ACCEPTED
03-17-00628-CR
21254643
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 9:10 AM
JEFFREY D. KYLE
CLERK
NO. 03-17-00628-CR
BARLOW SMITH, § FILED IN
IN THE COURT OF APPEALS
Appellant 3rd COURT OF APPEALS
AUSTIN, TEXAS
12/13/2017 9:10:43 AM
VS. § THIRD DISTRICT JEFFREY D. KYLE
Clerk
THE STATE OF TEXAS,
Appellee § AUSTIN, TEXAS
STATE'S MOTION FOR THE CLERK OF THIS COURT
TO TRANSFER THE REPORTER'S RECORD FROM
CASE NO. 03-16-00048-CR T0 THE CURRENT CASE
This motion is presented by the State of Texas, by and through the
undersigned Assistant District Attorney, and in support would show:
I.
This is an appeal of the trial court's denial of relief requested by Appellant
regarding his probated judgment under Texas Code of Criminal Procedure art.
11.072. Appellant had previously sought habeas relief in the same case wherein the
trial court denied Appellant's requested relief and Appellant unsuccessfully sought
appeal in Case No. 03-16-00048-CR. The Reporter's Record was filed in Case No.
03-16-00048-CR on February 5, 2016.
Page 1 of 3
11.
Appellanthaspreparedandfiledhisbriefwithouthavingmadearrangements
for a Reporter's Record to be filed in this Ca,se and recites facts within his brief that
are outside of both the Reporter's Record and the Clerk's Record for support of his
claim. In as much as the claims asserted byAppellant in this Case are related to the
claimsassertedbyAppellantinCaseNo.03-16-00048-CRandperhapssomebeing
identical claims to those previously asserted, the State of Texas believes that it
would be in the interest of justice for this Court to order the transfer of the
Reporter's Record filed in Case No. 03-16-00048-CR on February 5, 2016 to the
present Case.
PRAYER
The State of Texas, in consideration of the facts and circumstances set forth
herein above, prays the Court grant this motion and direct the Clerk of this Court
to transfer the Reporter's Record currently on file in Case No. 03-16-00048-CR
beingstyledExparteBarlowsmithtothecurrentcaseNo.03-17-00628-CRstyled
Ex parte Barlow Smith.
Page 2 of 3
Respectfully submitted,
OFFICE OF DISTRICT ATTORNEY
33RD and 424th JUDICIAL DISTRICTS
Wiley 8. MCAfee, District Attorney
P. 0. Box 725
Llano, Texas 78643
Telephone Telecopier
(325)247-5755 (325)247-5274
Assistant District Attorney
State Bar No. 03353500
ATTORNEY FOR APPELLEE
CERTIFICATE OF WORD COUNT
This is to certify that the pertinent portions of this motion contains 270
words printed in Aldine401BT 14 font, according to the WordperfectTM X8 word
count tool.
CERTIFICATH OF SHRVICH
This is to certify that a true copy of the above and foregoing instrument,
together with this proof of service hereof, has been forwarded on the 13th day of
December 2017, to Barlow Smith, Appellant Pro Se, by eserve.
Assistant District Attorney
Page 3 of 3
Ex Parte Barlow Smith
Combined Opinion