                                                                                PD-0425-15
                                                               COURT OF CRIMINAL APPEALS
                                                                               AUSTIN, TEXAS
                                                             Transmitted 6/15/2015 10:09:29 AM
  June 17, 2015                                                 Accepted 6/17/2015 8:47:27 AM
                         IN THE COURT OF                                        ABEL ACOSTA
                        CRIMINAL APPEALS                                                CLERK
                             OF TEXAS

JULIO TORRES PALOMO                  §
   PETITIONER                        §
                                     §
     v.                              §                No. PD-0425-15
                                     §
STATE OF TEXAS,                      §
   RESPONDENT                        §




                       STATE'S REPLY BRIEF



                  FROM THE COURT OF APPEALS FOR THE
           SIXTH APPELLATE JUDICIAL DISTRICT AT TEXARKANA

                            06-14-0007 6-CR

                           HUNT COUNTY



                                    NOBLE D. WALKER, JR.
                                    District Attorney
                                    Hunt County, Texas
                                    State Bar Number- 20717620

                                    KELI M. AIKEN
                                    First Assistant District Attorney
                                    P.O. Box 441
                                    4th Floor Hunt County Courthouse
                                    Greenville, Texas 75401
                                    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 enor 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




                                                                                                                        1
                                             INDEX OF AUTHORITIES

Case Authority

Degrate v. State, 712 S.W.2d 755, 756-757 (Tex. Crim. App. 1986) ............................... .4


Gamez v. State, 737 S.W.2d 315, 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

JULIO TORRES PALOMO                             §
   PETITIONER                                   §
                                                §
       v.                                       §                 No. PD-0425-15
                                                §
STATE OF TEXAS,                                 §
   RESPONDENT                                   §




                              STATE'S REPLY BRIEF




TO THE COURT OF CRIMINAL APPEALS:

       Comes now the State, by and through its Assistant 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.

Fmihermore, 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 patiy 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 Comi to provide

Petitioner with another appeal of the same issues. Petitioner's grounds for review

are simply restatements of the issues raised to the comi 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. 06-13-00265-CR.

       As Petitioner is simply asking this comi 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 Court deny this petition for

review.



                                          Respectfully submitted,


                                          NOBLE DAN WALKER, JR.
                                          District Attorney
                                          Hunt County, Texas


                                           Is/ Keli Aiken
                                          KELI M. AIKEN
                                          First Assistant District Attorney
                                          P.O. Box 441
                                          4th Floor Hunt County Courthouse
                                          Greenville, TX 75401
                                          State Bar No. 24043442
                                          kaiken@huntcounty.net
                                          (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 Petitioner,
JULIO TORRES PALOMO, #1923341, McConnell Unit TDCJ, 3001 S. Emily Dr.,
Beeville, TX 78102.


                                               Is/ Keli Aiken
                                              KELI M. AIKEN
                                              First Assistant District Attorney




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