Bennett, Chad Ray ( 2015 )


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  •                        PD-0421-15                                                 PD-0421-15
    COURT OF CRIMINAL APPEALS
    AUSTIN, TEXAS
    Transmitted 5/4/2015 11:32:13 AM
    Accepted 5/4/2015 3:59:01 PM
    IN THE COURT OF                                          ABEL ACOSTA
    CRIMINAL APPEALS                                                  CLERK
    OF TEXAS
    CHAD RAY BENNETT,                 §
    PETITIONER                     §
    §
    v.                            §              No. PD-0421-15
    §
    STATE OF TEXAS,                   §
    RESPONDENT                     §
    STATE'S REPLY BRIEF
    FROM THE COURT OF APPEALS FOR THE
    SIXTH APPELLATE JUDICIAL DISTRICT AT TEXARKANA
    06-14-000 5O-CR
    HUNT COUNTY
    NOBLE DAN. WALKER, JR.
    District Attorney
    May 4, 2015                  Hunt County, Texas
    State Bar Number- 20717620
    KELI M. AIKEN
    First Assistant District Attorney
    P.O. Box 411
    4th Floor Hunt County Courthouse
    Greenville, Texas 7 5401
    State Bar Number - 24043442
    kaiken@huntcounty .net
    (903) 408-4180
    FAX (903) 408-4296
    TABLE OF CONTENTS
    TABLE OF CONTENTS ..................................................................................................... i
    INDEX OF AUTHORITIES ............................................................................................... ii
    GROUNDS REVIEW SHOULD BE DENIED .................................................................. 2
    SUMMARY OF THE STATE'S ARGUMENT ................................................................. 3
    STATE'S GROUND ONE .............................................................................................. 4-5
    As Petitioner's brief only restates the same points of error previously addressed by
    the intermediate courts of appeal and fails to state adequate reasons for review, the
    petition should be summarily denied for failure to comply with Tex. R. App. Pro.,
    R. 66.3.
    PRAYER FOR RELIEF ...................................................................................................... 6
    CERTIFICATE OF SERVICE ........................................................................................... 7
    INDEX OF AUTHORITIES
    Case Authority
    Degrate v. State, 
    712 S.W.2d 755
    , 756-757 (Tex. Crim. App. 1986) ............................... .4
    Gamezv. State, 737 S.W.2d315, 317 (Tex. Crim. App. 1987) ......................................... .4
    King v. State, 
    125 S.W.3d 517
    , 520 (Tex. Crim. App. 2003)
    (concurring, J. Cochran) .................................................................................................... 4
    Statutes and Rules                                                                                                        Page(s)
    Texas Rules of Appellate Procedure
    Rule 66.3 ................................................................................................................. 4
    11
    IN THE COURT OF
    CRIMINAL APPEALS
    OF TEXAS
    CHAD RAY BENNETT,                            §
    PETITIONER                                §
    §
    v.                                    §             No. PD-0421-15
    §
    STATE OF TEXAS,                              §
    RESPONDENT                                §
    STATE'S REPLY BRIEF
    TO THE COURT OF CRIMINAL APPEALS:
    Comes now the State, by and through its Assistant Criminal District Attorney, and
    respectfully submits its reply to Petitioner's brief urging denial of review for the
    judgment of the Sixth Appellate District Court of Appeals in this case.
    1
    GROUNDS REVIEW SHOULD BE DENIED
    GROUND ONE
    As Petitioner's brief only restates the same points of error previously
    addressed by the intermediate courts of appeal and fails to state
    adequate reasons for review, the petition should be summarily
    denied for failure to comply with Tex. R. App. Pro., R. 66.3.
    2
    SUMMARY OF THE STATE'S ARGUMENTS
    As Petitioner's brief only restates the same points of error previously addressed by
    the intermediate courts of appeal and fails to state adequate reasons for review, the
    petition should be summarily denied for failure to comply with Tex. R. App. Pro., R.
    66.3.
    3
    THE STATE'S GROUND ONE
    As Petitioner's brief only restates the same points of error previously
    addressed by the intermediate courts of appeal and fails to state adequate
    reasons for review, the petition should be summarily denied for failure to
    comply with Tex. R. App. Pro., R. 66.3.
    ARGUMENT AND AUTHORITIES
    While reasons for review are listed in Rule 66.3 of the Texas Rules of Appellate
    Procedure, the list is not exhaustive. Gamez v. State, 
    737 S.W.2d 315
    , 317 (Tex. Crim.
    App. 1987). In DeGrate v. State, petitioner listed twelve grounds for review without any
    accompanying reasons for review and each of those twelve grounds were simply a
    restatement of the original issues presented to the intermediate court. Degrate v. State,
    
    712 S.W.2d 755
    , 756-757 (Tex. Crim. App. 1986). This Court refused to grant review.
    Furthermore, in King v. State, this Court refused review and in the concurring opinion,
    Justice Cochran explained,
    Discretionary review to this court is not simply another new appeal
    if a party did not like the result in the first one. We do not "redo" what the
    courts of appeals have already done. In all cases, there is but one direct
    appeal, and in all but capital cases in which the defendant is sentenced to
    death, that direct appeal is to the courts of appeals. There is no second bite
    at the direct appeal apple.
    King v. State, 
    125 S.W.3d 517
    , 520 (Tex. Crim. App. 2003) (concurring, J.
    Cochran).
    Petitioner's brief in this case essentially asks this Court to provide
    Petitioner with another appeal of the same issues. Petitioner's grounds for review
    are simply restatements of the issues raised to the court of appeals, along with a
    4
    statement claiming the court of appeals erred. The brief itself is also essentially a
    restatement of the same principals and application included in Petitioners brief
    filed with the Sixth District Court of Appeals. See Opening Brief of Defendant-
    Appellant filed in Case No. 06-14-00050-CR.
    As Petitioner is simply asking this court to review, for a second time, the same
    issues already decided by the Sixth District Court of Appeals, this Court should deny the
    petition for review
    5
    PRAYER FOR RELIEF
    WHEREFORE, the State of Texas prays that the deny this petition for review.
    Respectfully submitted,
    NOBLE DAN WALKER, JR.
    District Attorney
    Hunt County, Texas
    Is/ Keli M. Aiken
    KELI M. AIKEN
    First Assistant District Attorney
    P.O. Box 441
    4th Floor Hunt County Courthouse
    Greenville, TX 75401
    State Bar No. 24043442
    (903) 408-4180
    FAX (903) 408-4296
    6
    CERTIFICATE OF SERVICE
    A true copy of the State's brief has been sent by certified mail to CHAD RAY
    BENNETT #1923337, Telford Unit, 3899 State Hwy 98, New Boston TX 75870
    Is/ Keli M. Aiken
    KELI M. AIKEN
    First Assistant District Attorney
    7
    

Document Info

Docket Number: PD-0421-15

Filed Date: 5/4/2015

Precedential Status: Precedential

Modified Date: 9/29/2016