Ex Parte Barlow Smith ( 2017 )


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  •                                                                                               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
    

Document Info

Docket Number: 03-17-00628-CR

Filed Date: 12/13/2017

Precedential Status: Precedential

Modified Date: 12/20/2017