                       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




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