                                                                                                  ACCEPTED
                                                                                               12-14-00345-cr
                                                                                 TWELFTH COURT OF APPEALS
                                                                                               TYLER, TEXAS
                                                                                         6/11/2015 3:18:54 PM
                                                                                                CATHY LUSK
                                                                                                       CLERK




                        NO. 12-14-00345-CR
                                                  RECEIVED IN
                                            12th COURT OF APPEALS
                  IN THE COURT OF APPEALS        TYLER, TEXAS
                                            6/11/2015 3:18:54 PM

             TWELFTH COURT OF APPEALS DISTRICT CATHY     S. LUSK
                                                     Clerk

                          TYLER, TEXAS
                                                            6/11/2015
_________________________________________________________________

                     REBECCA LYNN BARKER
                           Appellant

                                V.

                         STATE OF TEXAS
                              State

_________________________________________________________________

                      BRIEF OF APPELLANT
                     REBECCA LYNN BARKER

_________________________________________________________________
                           LAW OFFICE OF STEN M. LANGSJOEN
                           P.O. BOX 539
                           TYLER, TEXAS 75710-0539
                           TELEPHONE: (903) 531-0171
                           TELEFAX: (903) 531-0187
                           SBN: 11922800

                           e-mail: sten@langsjoenlaw.com

ORAL ARGUMENT NOT REQUESTED: Sten M.                Digitally signed by Sten M. Langsjoen
                                                    DN: cn=Sten M. Langsjoen, o, ou,


                                      Langsjoen
                                                    email=sten@langsjoenlaw.com, c=US
                                                    Date: 2015.06.11 15:07:27 -05'00'

                                 ________________________________
                                 STEN M. LANGSJOEN
                                 State Bar No. 11922800
                                 ATTORNEY FOR APPELLANT
                                             TABLE OF CONTENTS

Names of All Parties ..................................................................................................... iv

Index of Authorities ....................................................................................................... v

Index of Abbreviations ................................................................................................ vii

Introduction .................................................................................................................... 1

Preliminary Statement of the Nature of the Case ........................................................ 2

Statement of Points of Error [Anders; Gainous] .......................................................... 3

Statement of Facts.......................................................................................................... 4

Brief of the Argument.................................................................................................... 5

Authority and Argument................................................................................................ 6

WORD Count Certificate ............................................................................................ 16

Prayer ........................................................................................................................... 17

Certificate of Service ................................................................................................. 18

Appendix ..................................................................................................................... 19




                    iii
                              NAMES OF ALL PARTIES
Parties to this action are:

Appellant

      Rebecca Lynn Barker, Inmate No.: 01970795
      Mountainview Unit
      2305 Ransom Road
      Gatesville, Texas 76528

Counsel for Appellant

      Sten Langsjoen
      P.O. Box 539
      Tyler, Texas 757510-0539

Appellee

      State of Texas

Counsel for Appellee

      Rachael Patton, District Attorney for Cherokee County
      502 North Main
      Rusk, Texas 75785

Counsel for the parties before the Trial Court were:

Counsel for Defendant (Appellant)

      Allen Ross
      P.O. Box 528
      Rusk, Texas 75766




             iv
Counsel for State of Texas

        Rachael Patton, District Attorney for Cherokee County
        502 North Main
        Rusk, Texas 75785



                                   INDEX OF AUTHORITIES

                                                   Cases

Adkinson v. v. State of Texas, 762 S.W.2d 255, 259
(Tex. App. – Beaumont 1988, pet. ref’d) ................................................................ 6

Andres v. California, 386 U.S. 738 (1967) .................................................................. 3

Clewis v. State, 922 S. W. 2d 126, 134 (Tex. Crim. App. 1996) .......................... 10

Ex Parte Bratchett, 513 S.W.2d 851 (Tex. Crim. App. 1974) .................................. 13

Ex Parte Burns, 601 S.W. 2d 370, 372 (Tex. Crim. App. 1980) .............................. 13

Gainous v. State of Texas, 436 S.W.2d 137 (Tex. Crim. App. 1969) ........................ 3

Garcia v. State, 57 S.W.3d at p. 436, 440 (Tex. Crim. App. 2001) .......................... 14

Garrett v. State, 851 S.W.2d 853, 857 (Tex. Crim. App. 1993)............................ 10

Garza v. State of Texas, 878 S.W.2d 213, 216
(Tex. App. – Corpus Christi 1994, pet. ref’d) ....................................................... 11

Howard v. State, 137 S.W. 3d 281, 285 (Tex. App, 2006, writ ref’d, n.r.e.) ........ 10

Howell v. State of Texas, 563 S.W. 2d 933 (Tex. Crim. App.) ................................ 13


                 v
Jackson v. Virginia, 443 U.S. 307, 319, (1979) .................................................... 10

Wilkerson v. State of Texas, 736 S.W.2d 656, 659 (Tex. Crim. App. 1987) ....... 11



                                             Statutes/Rules


Tex. Code Crim. Proc, Art. 19.27 (GJ Challenge) ..................................................... 6

Tex. Code Crim. Proc, Art. 21.02 (Indictment) ......................................................... 6

Tex. Code Crim. Proc, Art. 26.01 (Arraignment) ...................................................... 6

Tex. Code Crim. Proc, Art. 26.02 (Arraignment) ...................................................... 6

Tex. Code Crim. Proc, Art. 26.13 (a) (1) and (4); (b) (Accepting Guilty Plea) ...... 8

Tex. Code Crim. Proc, Art. 26.14 (Accepting Guilty Plea) .................................. 10

Tex. Code Crim. Proc, Art. 35.07 (Array) .................................................................. 7

Tex. Code Crim. Proc, Art. 35.17 (Voir Dire) ........................................................... 7

Tex. Code Crim. Proc, Art. 35.14 (Peremptory Challenge) ...................................... 7

Tex. Code Crim. Proc, Art. 35.25 (Peremptory Challenge) ...................................... 7

Tex. Code Crim. Proc, Art. 37.04 (Verdict) ............................................................. 12

Tex. Code Crim. Proc, Art. 42.01 .......................................................................... 12

Tex. Penal Code, Section, 12.32 (a) (First-Degree Prison Sentence Range) ....... 2, 12

Tex. Penal Code, Section, 12.32 (a) (First-Degree Fine Range) .............................. 12

                 vi
Tex. Penal Code, Section 19.02 (b) (1) (Murder Elements) ....................................... 2

Tex. Penal Code, Section 19.02 (c) (First-Degree Punishment Range) ................... 12


                                     INDEX OF ABBREVIATIONS


Clerk’s Record .......................................................................................................... CR

Reporter’s Record, Volume I .................................................................................. RRI




                   vii
                               NO. 12-14-00345-CR

                         IN THE COURT OF APPEALS

                 TWELFTH COURT OF APPEALS DISTRICT

                          TYLER, TEXAS
_________________________________________________________________

                           REBBECA LYNN BARKER
                                 Appellant

                                         V.

                         STATE OF TEXAS
                               State
_________________________________________________________________

                            BRIEF OF APPELLANT
                           REBECCA LYNN BARKER


TO THE HONORABLE JUSTICES OF SAID COURT:

      NOW COMES REBECCA LYNN BARKER, Appellant in the above-styled

and numbered cause and Defendant in the Trial Court, and, by and through

appointed Counsel, files this Brief of Appellant and respectfully reports to the Court

of Appeals that no reversible errors were found to have been committed by the Trial

Court relating to pretrial and evidentiary rulings during trial in Cause Number

19191 in the 2nd Judicial District Court of Cherokee County, Texas, before the


             1
Honorable Judge Bascon Bentley, III, Judge Presiding.

     PRELIMINARY STATEMENT OF THE NATURE OF THE CASE

      Appellant was charged by indictment for the crime of murder occurring on

February 26, 2014, carrying a first-degree felony punishment range. CR, at p. 15;

Tex. Penal Code, §§ 19.02 & 12.32. The indictment alternatively charged 1)

Appellant intentionally or knowing caused the death of an individual (Id., at

§19.02 (b) (1)); or 2) Appellant, with intent to cause serious bodily injury,

committed an act clearly dangerous to human life that caused the death of an

individual. Id., at §19.02 (b) (2); Tab A. An open plea agreement was approved

by the Trial Court and jury selection was completed on the issue of punishment.

CR, at pp. 28-29; RRII, at pp. 1/22 – 3/5; 4/15 – 93/24. After the indictment was

read to Appellant in front of the jury, the Trial Court accepted and approved

Appellant’s plea of “guilty”. RRIII at pp. 5/1 – 12/17. Thereafter followed the

State’s opening statement (Appellant’s Trial Counsel waived an opening statement

(RRVIII, at p. 11/18-19)) on punishment and the presentation of evidence from the

State and the defense was completed. RRIII, at pp. 13/18 – 46/10. The jury

assessed a life sentence and a $10,000.00 fine and judgment for same was entered.

RRIII, at pp. 64/21 – 65/3; CR, at pp. 57-59; Tab C; Tab E.


            2
      The Trial Court certified that Appellant could seek appellate review of the

conviction and sentence, and Appellant timely filed a notice of appeal. CR, at pp.

62-3; 73; Tab F; Tab H.

                    STATEMENT OF POINTS OF ERROR

      No reversible points of error were identified following review of the record,

and this Brief is submitted in compliance with the tenants of Anders v. California,

386 U.S. 738 (1967) and Gainous v. State of Texas, 436 S.W.2d 137 (Tex. Crim.

App. 1969). Counsel believes, after a review of the record, the subject appeal is

frivolous and should be dismissed.




             3
                            STATEMENT OF FACTS

      On February 26, 2014, law enforcement officers responded to a reported

shooting that occurred in the Dialville, Cherokee County Texas, area. RRVIII, at

pp. 10/1 – 11/7; 21/15-22. Officers located the dead body of Jerry Barker seated in

a recliner in a residence and located Appellant in a despondent state at the scene. Id.

      At the scene, officers located a .357 magnum six-shot revolver and recovered

bullets from the recliner and from the flooring nearby. Id., at pp. 21/15-22; 25/18 –

26/13; 26/19 – 27/4; 34/20 – 35/25; 39/8-12.

      A forensic pathologist conducted the autopsy of the victim to the conclusion

that the victim’s death was caused by at least one fatal gunshot wound. Id., at pp.

52/1 – 60/25. One of the bullets that struck the victim’s chest was delivered at close

range (within ~ 3”) leaving powder residue on the body. Id.

      Appellant confessed to shooting her husband, Mr. Barker.

      Mr. Barker was Appellant’s second husband and they were together several

years prior to the shooting, living in the Dialville, Texas, area, and running a local

mercantile store. RRIX, at pp. 11/22 – 16/24; 30/18 – 39/24; 58/12 – 66/6. Prior to

the subject fatal shooting, friends of Appellant described her relationship with the

decedent as caring but stressed due to financial burdens and suggestions of physical


             4
abuse toward Appellant. RRIX, at pp. 11/22 - 16/24; 53/24 – 57/19; 58/12 – 66/6.

The decedent’s general health problems, exacerbated by injuries he suffered in a

riding lawn mower roll-over accident (Id., at pp. 30/18 – 39/24), caused increased

anxiety and responsibilities on Appellant in operating the local store and in dealing

with the decedent. Id.

      Locals having knowledge of Appellant through the store or church generally

described her as law abiding, generous and a lover of animals. Id., at pp. 11/22 –

16/24; 21/22 – 24/16; 25/10 – 30/4.

      Prior to her marriage to Mr. Barker, Appellant was married to John Osborne

and lived with Mr. Osborne in Liberty County, Texas. RRVIII, at pp. 66/1 – 72/24.

      In 1996, Liberty County law enforcement officers investigated a shooting

wherein John Osborne was shot three times by “Rebecca Osborne”. Id., at pp. 66/1

– 72/24.    John Osborne survived the shooting, and “Rebecca Osborne” was

identified as Appellant. Id.

                          BRIEF OF THE ARGUMENT

      Following a review of the pre-trial proceedings, trial and judgment, no error,

that was more than harmless error, was found that could be presented for review to

the appellate court, and therefore, appointed counsel believes the subject appeal is


             5
frivolous and without merit. Appointed Counsel seeks to withdraw here from and

has invited response hereto from the Appellant, as described in hereinafter.

                       ARGUMENT AND AUTHORITY

Grand Jury & Indictment:

      Appellant was indicted for murder with an offense date of February 26,

2014 by a Cherokee Grand Jury on April 28, 2014. CR, at p. 15. The indictment

presented alternate theories to support the murder allegation consistent with

Sections 19.02 (b) (1) and (b) (1) of the Texas Penal Code. Id.; Tex. Penal Code,

§19.02 (b); Tab A. The indictment appears to be valid on its face and carries the

signature of the purported Foreperson of the Grand Jury. Id.; Tex. Code Crim.

Proc., Art 21.02. The record is silent as to any challenge to the composition of the

Grand Jury leaving nothing as to the indictment or grand jury for review. Tex.

Code Crim. Proc., Art. 19.27.

Arraignment:

      An arraignment hearing was held and in open court, Appellant through

Counsel confirmed knowledge of the charges, confirmed correct spelling of her

name, and entered a plea of not guilty. RRII, at p. 4/5-25; Tex. Code Crim. Proc.,

Art. 26.01. The proceeding fixed the Appellant’s identity and allowed for the


             6
entry of her plea. Id.; Tex. Code Crim. Proc., Art. 26.02. The proceeding appears

to be regular, and, since no objection was raised, any error regarding deficiencies

in the arraignment were waived. Adkinson v. State of Texas, 762 S.W.2d 255,

259 (Tex. App. – Beaumont 1988, pet. ref’d). No point of error was found.

Pre-Trial Motions:

      Aside from a request for an investigator and fees for same (CR, at pp. 16-

19; 35-37), no discovery motions were filed on behalf of Appellant. CR, at pp. 2-

4. The State did file a Discovery Receipt and a Discovery Evidence Notice (CR,

at pp. 20; 31) indicating that Trial Counsel received discovery in the case prior to

trial. No objection to inadequate production was found in the record and nothing

is preserved for review. No potential error was found.

Voir Dire:

      On 04-12-10, Trial Counsel participated in the voir dire examination of the

jury panel and there was no interference with the examination by either the State

or by the Trial Court. RRVI, at pp. 42/1 -111/25; RRVLL, at pp. 40/1 -135/25;

Tex. Code Crim. Proc., Art. 35.17. Peremptory challenges were made by the State

and Trial Counsel. Tex. Code Crim. Proc., Art. 35.14; 35.25; CR, at pp. 39 - 42;

45 - 48. No objections were directed to the array (Tex. Code Crim Proc, Art.


             7
35.07) or empanelment of the jury and nothing is preserved for review.

Appellant’s Plea: Guilty:

       The record reflects that the Appellant, joined by her Trial Counsel filed a

“Waiver of Jury/Guilt Innocence Jury Request – Punishment Only” entering a

guilty plea to the charge of murder and preserving her right to have the jury assess

punishment.       CR, at p. 30; Tab C.          Further, A “Felony Agreed Plea

Recommendation – No Appeal” was filed with the Clerk and recites the terms of

an “Open Plea” CR, at pp. 28-29; Tab B.

       Article 26.13 of the Texas Rules of Criminal Procedure sets forth that the

Trial Court must substantially comply with the directives in Article 26.13 (a). Tex.

Code Crim. Proc., Art. 26.13 (a) (1) through (6). Prior to accepting a plea of

guilty (pertinent to the case at bar), the Trial Court must advise in part of the range

of punishment; the nonbinding nature of the agreement as to the Trial Court;

limited appellate rights if the agreement is followed or improved upon; the effect

of non-citizenship. Id. Further, the Trial Court must be satisfied that the plea is

free and voluntary and that the Defendant is mentally competent. Id., at Art. 26.13

(b).

       Following the reading of the indictment, Appellant entered a plea of


              8
“Guilty” in front of the Jury.    Specifically, the Trial Court had the following

exchange, to-wit:

            THE COURT: Ms. Barker, do you understand the nature of the
            charge against you?

            THE DEFENDANT: Yes, sir.

            THE COURT:           How do you plead. Ma’am?

            THE DEFENDANT: Guilty.

            THE COURT: Not guilty.

            THE DEFENDANT: Guilty.

            THE COURT: All right. Let the record reflect I’ll take judicial notice
            of all prior proceedings concerning the defendant and the actions of
            the court, as well as any plea that has been entertained.

RRVIII, at p. 5/14-25.

      There appears to be substantial compliance with Article 26.13, and no point

of error appears from the record.        (Please note: the Reporter references

“proceedings on 10-08-14 and Volume V of the Reporter’s Record carries the

front-sheet copy of the Felony Plea agreement and the Docket Sheet references a

plea hearing on 10-08-15 (CR, at p. 106); however, no transcript of the plea

hearing is contained in the appellate record. At this time, based upon information

from Trial Counsel, a formal plea hearing took place prior to trial, and Counsel is

             9
expecting to confirm this through the Reporter. A motion to supplement the

Reporter’s Record is expected to be filed containing the record of the plea hearing,

along with Appellant’s supplemental Brief addressing same.)

Opening Statements:

      The State presented a brief opening statement and the Appellant waived his

opening statement. RRVIII, at pp. 6/5 – 19. A review of the opening reveals no

offensive or improper statements that would be available for review in the absence

of challenging objections: nothing is found for review.

Legal/Factual Sufficiency:

      Generally, challenges to the sufficiency of evidence supporting a criminal

conviction fall within one of two categories. First, the evidence can be legally

insufficient thus rendering a conviction subject to reversal and vacation. For legal

sufficiency, the evidence is viewed in the light most favorable to the prosecution

to determine whether any rational trier of fact could have found the essential

elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S.

307, 319, (1979); Garrett v. State, 851 S.W.2d 853, 857 (Tex. Crim. App. 1993).

In regard to factual sufficiency review, the evidence is considered in a neutral light

favoring neither party. Clewis v. State, 922 S. W. 2d 126, 134 (Tex. Crim. App.


             10
1996); Howard v. State, 137 S.W. 3d 281, 285 (Tex. App, 2006, writ ref’d, n.r.e.).

       However, in the present case wherein Appellant enters a plea of “guilty”

before the jury, provided the plea is determined to be freely and voluntarily

entered, then the State is freed from its obligation to prove the elements of the

alleged offense. Specifically, Article 26.14 permits the jury trial to proceed to the

punishment phase after a Defendant persists in pleading guilty. Tex. Code Crim.

Proc., Art. 26.14. “A plea of guilty to a felony offense before a jury . . . is a

unitary trial, not a bifurcated one. A plea of guilty to a felony before a jury admits

the existence of all incriminating facts necessary to establish guilt. … Introduction

of evidence by the State in a felony case involving a plea of guilty before the jury

is to enable the jury to [assess the penalty].” Wilkerson v. State of Texas, 736

S.W.2d 656, 659 (Tex. Crim. App. 1987); Garza v. State of Texas, 878 S.W.2d

213,216 (Tex. App. – Corpus Christi 1994, pet. ref’d) (“A plea of guilty to a

felony charge before a jury amounts to an admission of all facts necessary to

establish guilt . . ..”).

       The evidence appears to be sufficient to support the sentence.            See,

“Statement of Facts” above.        The jury enjoys wide latitude in assessing

punishment and was provided a range of from between 5 and 99 years, or life in


               11
prison, and up to a $10,000.00 fine.

Charge on Punishment:

      Following the presentation of evidence from the State and the defense, the

Charge of the Court was prepared and both the State and Appellant had an

opportunity to review and object thereto. RRX, at pp. 1/12-17. No objections

were raised by the defense. Id.




      A review of the Charge indicates that the Trial Court properly advised the

jury of the range of punishment for an allegation for murder. RRX, at p. 6/9-14;

Tab D; Tex. Penal Code, § 12.32.

Verdict:

      Following the reading of the Charge of the Court and presentation of

arguments from both parties, the jury deliberated and returned a verdict assessing

a life sentence. CR, at p. 61. The verdict was signed by the foreperson and the

jury indicated that the verdict was unanimous. Id.; RRX, at p. 30/11-20. The

receipt of the verdict appears to be in order and there appears to be no violation of

Article 37.04, Texas Code of Criminal Procedure. Tex. Code Crim. Proc., Art.


             12
37.04. The record is silent as to potential issues of jury misconduct and no issue is

identified to support a claim of error.

Judgment:

      Pursuant to Article 42.01, Texas Code of Criminal Procedure, and following

the acceptance of the jury’s verdict, the Trial Court entered a judgment accurately

describing the charge and sentenced Appellant to the life sentence assessed by the

jury and describing the $10,000.00 fine. CR, at pp. 64-65; Tab E; Tex. Code

Crim. Proc., Art. 42.01. There does not appear to be a defect as to form or

substance regarding the judgment that would support the presentation of a error.

Assistance of Counsel:

      Appellant was entitled to legal representation in criminal prosecution

pursuant to state and federal constitutional law and statutory law. United State’s

Constitution, 6th Amendment; 14th Amendment; Texas Constitution, Article 1,

Section 10; Texas Code of Criminal, Art. 1.05. The right to counsel, as described in

the state and federal constitutions, does not mean errorless counsel.      Ex Parte

Burns, 601 S.W. 2d 370, 372 (Tex. Crim. App. 1980); Howell v. State of Texas, 563

S.W. 2d 933 (Tex. Crim. App.). Further, the right to counsel has been determined to

be sufficient if counsel provided “reasonably effective assistance.”       Ex Parte


             13
Bratchett, 513 S.W. 2d 851, 853 (Tex. Crim. App. 1974).               In Strickland v.

Washington, the standard for review under Texas law of ineffective assistance of

counsel requires 1) identification of the deficient acts or omissions on the part of his

attorney; 2) demonstration that the acts or omissions were not the result of

reasonable professional judgment; and 3) establishment that the acts or omission so

prejudiced the Defendant that he was denied a fair trial. Medeiros v. State of Texas,

733 S.W. 2d 605, 607 (Tex. App. – San Antonio 1987). Using Garcia v. State as a

guide, the Court of Criminal Appeals calls upon the Appellant to establish reversible

ineffective assistance of counsel by demonstrating:

          1) “defense counsel’s performance fell below an objective standard of

             reasonableness, and

          2) there is a reasonable probability that, but for counsel’s unprofessional
             error, the result of the proceeding would have been different.”

Garcia v. State, 57 S.W.3d at p. 436, 440 (Tex. Crim. App. 2001).

      Reviewing the record as a whole, Trial Counsel appeared to be prepared and

participated in both pre-trial and trial activities. Objections were urged in a timely

fashion and arguments were made in the defense of the Appellant. A review of the

record does not evidence conduct or lack of action on the part of Trial Counsel that

would allow a reversible error to be presented for consideration. Trial Counsel

             14
called several witnesses toward the end of describing spousal abuse, financial stress

and drug and alcohol use on the part of the Decedent. Trial Counsel attempted to

humanize the Appellant through descriptions of her charity, church activity and

emotional and spiritual transformation while in jail pending trial for her husband’s

murder. See, Statement of Facts, above. The record does not support grounds that

satisfy either Crawford prong, and no error was found to present as a basis of

reversal or remand.

Summary:

      Following review and consideration of pre-trial and trial activities before

the Trial Court, there are no points of reversible error found.

Notice to Appellant:

      Counsel hereby notifies Appellant that this Brief requests that the appeal be

found to be frivolous and be dismissed. Along with the Brief, a motion to

withdraw has been filed requesting permission of the appellate court for Counsel

to withdraw from this case, that, if granted, would leave Appellant representing

himself as a pro se litigant.

      Counsel further advises Appellant that Appellant has a right to prepare and

file a pro se Brief, meaning that Appellant can prepare and file with the appellate


             15
court his own pro se Brief, under her own signature, pointing out to the appellate

court any errors or problems she sees in the record or any reason why Appellant

feels the appeal is not frivolous.

      Counsel also advises Appellant of Appellant’s right to review the record

before filing a pro se Brief.

      If Appellant desires to file a pro se Brief with the appellate court, then

Appellant should immediately file a Motion for Pro Se Access to the Appellate

Record with the appellate court. In the cover letter used to send Appellant a copy

of this Brief, a form Motion for Pro Se Access to the Appellate Record is enclosed

for this purpose. The form motion lacks only Appellant’s signature and the date,

and informs Appellant that, in order to preserve and pursue his right to review the

appellate record, if Appellant chooses to invoke it, Appellant must sign and date

the form motion and send it on to the court of appeals within ten days of the date

of the letter used to send this information to Appellant.

      Appellant is advised that if she presents a pro Se Brief or Motion for Pro Se

Access to the Appellate Record to the appellate court [Twelfth Court of Appeals,

1517 West Front Street, Suite 354, Tyler, Texas 75702, Attention: Cathy Lusk,

Clerk], then she must also 1) provide a copy of his Brief to Counsel [Sten


             16
Langsjoen, P.O. Box 539, Tyler, Texas 75710]; 2) provide a copy of her Brief to

the State [Rachael Patton, West 6th Street, Rusk, Texas 75785]; and 3) include in

her Brief a written statement (“Certificate of Service”) that he sent copies of his

Brief and/or Motion to Counsel and to the State.

                                        IX.
Word Count Certificate:
      Counsel certifies that WORD format character count is 3,932.

                                               Sten M.          Digitally signed by Sten M. Langsjoen
                                                                DN: cn=Sten M. Langsjoen, o, ou,

                                               Langsjoen
                                                                email=sten@langsjoenlaw.com, c=US
                                                                Date: 2015.06.11 15:08:11 -05'00'

                                              _______________________________
                                              STEN M. LANGSJOEN




                              PRAYER FOR RELIEF

      WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant, Rebecca

Barker, respectfully requests and prays that this matter be considered by the Court

and that appointed counsel be allowed to withdraw herefrom and that this appeal be

dismissed following the Appellant’s opportunity to respond hereto; and further,

Counsel respectfully requests and prays for any and all other relief, at law or in

equity, to which he may show himself justly entitled.

                                              Respectfully submitted,

             17
                                             Sten M.
                                                                      Digitally signed by Sten M.
                                                                      Langsjoen
                                                                      DN: cn=Sten M. Langsjoen, o, ou,


                                             Langsjoen
                                                                      email=sten@langsjoenlaw.com,
                                                                      c=US
                                                                      Date: 2015.06.11 15:08:42 -05'00'
                                            ______________________________
                                            STEN M. LANGSJOEN
                                            Attorney for Appellant
                                            P.O. Box 539
                                            Tyler, Texas 75710-0539
                                            Telephone: (903) 531-0171
                                            Telefax: (903) 531-0187
                                            TBA # 11922800


                                            e-mail: sten@langsjoenlaw.com




                          CERTIFICATE OF SERVICE

      I certify that a true and correct copy of the foregoing Appellant’s Brief was
delivered by certified mail, return receipt requested, and/or by "fax" transmission
and/or by hand-delivery to the State’s attorney on June 11, 2015.
                                             Sten M.      Digitally signed by Sten M. Langsjoen
                                                          DN: cn=Sten M. Langsjoen, o, ou,

                                             Langsjoen
                                                          email=sten@langsjoenlaw.com, c=US
                                                          Date: 2015.06.11 15:09:06 -05'00'
                                            ____________________________
                                            STEN LANGSJOEN




             18
                                                     APPENDIX

Contents:

Indictment .............................................................................................................. Tab A

Felony Agreed Plea Recommendation- No Appeal ............................................. Tab B

Waiver of Jury/Guilt Innocence Jury Request – Punishment Only ..................... Tab C

Jury Instruction (and Verdict) ............................................................................... Tab D

                   19
Judgment ................................................................................................................ Tab E

Certification of Appeal ...........................................................................................Tab F

Motion for New Trial ............................................................................................ Tab G

Notice of Appeal .................................................................................................... Tab H




                   20
12-14-00345
Barker v. State
Tab A
12-14-00345
Barker v. State

Tab B (p. 1 of 2)
12-14-00345
Barker v. State

Tab B (2 of 2)
12-14-00345
Barker v. State

Tab C
12-14-00345
Barker v. State

Tab D (P. 1 of 9)
12-14-00345
Barker v. State

Tab D (2 of 9)
12-14-00345
Barker v. State

Tab D (3 of 9)
12-14-00345
Barker v. State

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Tab D (9 of 9)
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Tab E (p. 1 of 2)
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Tab E (p. 2 of 2)
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Tab F (P. 1 of 2)
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Tab F (p. 2 of 2)
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Tab G (P. 1 of 6)
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Tab G ( p. 2 of 6)
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Tab G (p. 3 of 6)
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Tab G (p. 4 of 6)
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Tab G (p. 5 of 6)
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Tab G (p. 6 of 6)
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Tab H
