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                                                          CAUSE NO. 29458
                                                                                                      >)
                    THE STATE OF TEXAS                             §           IN THE 354-TH JUDICI~
                                                                                       ..    FILED ·..
                                                                                            "~      IN/ .l. I
                                                                   §                                    • ' ';~
                                                                                      6th COURT OF APPEALS
                                                                                      /.).I                    I


                    vs.                                            §                    TEXARKANA, TEXAS
                                                                              DISTRICT COURT

                                                                                             COUNTY~EXAS
                                                                   §                  5/12/2015 1:59:38 PM
                    GRAYSON SMITH                                  §          HUNT        DEBBIE AUTREY
                                                                                              Clerk


I                                                      NOTICE OF APPEAL


                    TO THE HONORABLE JUDGE OF SAID COURT:

                           COMES NOW Grayson Smith, Defendant in the above entitled and numbered cause,

                    within 30 days of sentencing, and files this Notice of Appeal with my election to have the
                                                                                                  I

                    appeal heard by the Texarkana Court of Appeals from his conviction in Cau 1e Number 29458.

                           Defendant shows the Court that pursuant to the provisions of Rule 5.2(a)(2) ofthe

                    Texas Rules of Appellate Procedure, Defendant tenders this notice as ev·

                    appeal the conviction in Cause Number 29458.
                                                                                -,   .J
                                                                Respectfully 8¥ mitted,

                                                                               f
                                                                Michael C. Lowe
                                                                Board Certified - Criminal Law
                                                                Texas Board of Legal Specialization
                                                                State Bar No. 24007573
                                                                700 N. Pearl St., Suite 2170
                                                                Dallas, Texas 75201
                                                                Phone: (214) 526-1900
                                                                Facsimile: (214) 748-4348

                                                                ATTORNEY FOR DEFENDANT




                    NOTICE OF APPEAL
                               CERTIFICATE OF SERVICE

       I certify that a true and correct copy of the foregoing document has been mailed to the

Assistant District Attorney assigned to this Court in accordance with t e Texas Rules of

Criminal Procedure on the 27th day of April, 2015.

                                                              1~
                                                            v
                                            Michael C. Lowe




NOTICE OF APPEAL                                                                           Page2
                                                                                                  e
                                                                                                                Ar            Flleo
                                                                                                                     ~At
THE STATE OJ<' TEXAS
                                               CASE No. 29458 COUNT 1
                                          INCIDENT NO.frRN: 9128357477 AOOl

                                                                   §              IN THE DISTRICT COURT
                                                                                                          CLE~I(,o
                                                                                                                   ~
                                                                                                                      'AR 3 1 2015
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                                                                   §                                                                            ~~
v.                                                                 §
                                                                   §              OF HUNT COUNTY, TEXAS
GRAYSON DAVID SMITH                                                §
                                                                   §
STATE lD     No.: TX 50357973                                      §               3541'11 JUDICIAL DISTRICT
                 TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
     I,   RIC~~-      BEACOM, JR., Judge of the trial court certify this criminal case:
               )~~is not a plea bargain case, and the defendant has the right of appeal; or
                0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and
                   not withdrawn or waived and the defendant has the right of appeal; or
               0   is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the
                   right to appeal; or
               0   is a plea bargain case, and the defendant has NO right of appeal; or
               0   the defendant has waived the right of appeal.
               Signed on 03-31-2015.




                                                            354    Til   JUDICIAL DISTRICT COURT
              I have received a copy of this certification. I have also been informed of my rights concerning any
     appeal of this criminal case, including any right to file a prose petition for discretionary review pursuant to
     Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy
     of the court of appeals' judgment and opinion to my last known address and I have only thirty (30) days in
     which to file a prose petition for discretionary review in the court of appeals. TEX. R. Al'J'. PRo. R. 68.2. I
     acknowledge that, if I wish to appeal this case and if! am entitled to do so, it is my duty to inform my appellate
     attorney, by written communication, of any change in the address at which I am currently living or any change
     in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate
     attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary                                     \
     re-'ew.                    ~t                                     rY         .t_
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          ~
     Defendant (MUST SIGN)
                                                                       II
                                                                   ~ttorney     fo1· Defendant
                           0                                       v
     Mailing Address:
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                                !3 0:~ rz4                  J      SBN:     --'-/-=-)---~.Lf....;;../;;_/__,.j><-..0"'Oc..c;;;·!J_ _ _ __
     Telephone number:      Cfo3--l-l7~- 12.60                     Address:        &v. r-z '7 7                   (;'{.L.lht///A. 7 sy~y
     Faxnumber: - - - - - - - - - - - - - - - - - - - - -
                                                                   Telephone Number:              /.170
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                                                                   Fax Number: _ _ 9_          1_ 3__'-f_·:J_. . _;-_ _6_~_0_['_                      t
                                                                                                                                                      i
                                                                                                                                                      1
     29468
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I                                           CAUSE NO. 29458                                     ·     ~.
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     THE STATE OF TEXAS                               §            IN THE 354TH ~JIDICIAL                                     'I·    •,:?

     vs.                                              ~            DISTRICT COURT         V;
                                                      §
     GRAYSON SMITH                                    §           HUNT COUNTY, TEXAS
j
                            DEFENDANT'S MOTION FOR A NEW TRIAL


     TO THE HONORABLE JUDGE OF SAID COURT:                                                                                                      t
                                                                                                                                                1
                                                                                                                                                 !


                                                                                                                                                ~
              Pursuant to Rule of Appellate Procedure 21.3 and the holding in State v. Gonzales, 85 5

     S.W.2d 692 (Tex. Crim. App. 1993), Defendant moves the court for a New Trial in the interest

     of Justice. Defendant also requests a hearing to supplement the court's record and would show

     the following in support thereof.

                                                      I.

              Defendant received ineffective assistance of counsel in violation of the 61h Amendment                                            ,f
     to the United State Constitution and Article 1, Section 10 ofthe Texas Constitution, and the
                                                                                                                                                t
     Texas Code of Criminal Procedure, Article 1.05. In particular, Defense counsel failed to make

     objections and/or requests concerning violations of Mr. Grayson's fundamental rights. Defense                                              II
                                                                                                                                                 t
     counsel was also ineffective in not offering testimony in rebuttal to state's witnesses.                                                   r
                                                                                                                                                f

            WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this

     Honorable Court will enter an order granting the Defendant's request made herein.
                                                                                                                                            l   t
                                                                                                                                                I
                                                                                                                                                i
                                                                                                                                                i~

                                                                                                                                            t
     DEFENDANT'S MOTION FOR A NEW TRIAL                                                                      Page I                         l
                                                                                                                                            Il
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1
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I'
I                                                        Respectfully submi ed,

                                                               -/\t\)
                                                         Michael C. Lowe
                                                         Board Certified - Criminal Law
                                                         Texas Board of Legal Specialization
                                                         State Bar No. 24007573
                                                         700 N. Pearl St., Suite 2170
                                                         Dallas, Texas 75201                                    I
                                                         Telephone: (214)526-1900                               f
                                                         Facsimile: (214)748-4348
                                                                                                            I
                                                         ATTORNEY FOR DEFENDANT
                                                                                                            I
                                                                                                                f
                                                                                                                f
                                                                                                                f
                                                                                                                f


                                    CERTIFICATE OF SERVICE                                                  l
                                                                                                            f
                                                                                                            f
            I hereby certify that a true and correct copy of the above and foregoing Defendant's            I
                                                                                                            !
     Motion For New Trial has been served on the District Attorney assigned to this Court, on this the

     271h day of April, 2015.
                                                                                                            I
                                                                                                            f
                                                                                                             i'
                                                                                                              t
                                                                                                             I
                                                                                                            I,,

                                                         Michael C. Lowe                                    l
                                                                                                            Jf
                                                                                                            f
                                                                                                            !

                                                                                                            f
                                                                                                            I
                                                                                                            •


                                                                                                            I
     DEFENDANT'S MOTION FOR A NEW TRIAL                                                            Page 2
t    ..   .   •
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I

I
f                                                       ORDER



lI                   On this date came to be heard the foregoing Motion for a New Trial, and after due

              consideration, the Court is of the opinion that the same should be and it is hereby (GRANTED)

              (DENIED, to which action of the Court the Defendant excepts).

                     SIGNED AND ENTERED this _ _ day of _ _ _ _ _ _ _ _ , 2015.




                                                         JUDGE PRESIDING




              DEFENDANT'S MOTION FOR A NEW TRIAL                                                      Page 3
