       FILED IN
5th COURT OF APPEALS
    DALLAS, TEXAS
3/11/2015 8:39:21 AM
      LISA MATZ
        Clerk




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                                    C!r:nurt nf Appeals
                         lliiftf1 ilistrict nf ID.e*as at ilallas
                                          MANDATE

TO THE COUNTY COURT AT LAW NO.6 OF COLLIN COUNTY, GREETINGS:

Before the Court of Appeals for the Fifth District of Texas, on the 261h day of January, 2015, the
cause on appeal to revise or reverse the judgment between

JEB STEVENS BROWN, Appellant                         On Appeal from the County Court at Law
                                                     No.6, Collin County, Texas
No. 05-14-00499-CR          V.                       Trial Court Cause No. 006-83651-2013.
                                                     Opinion delivered by Justice Brown. Justices
THE STATE OF TEXAS, Appellee                         Bridges and Fillmore participating.

was determined; and this Court made its order in these words:

        Based on the Court's opinion of this date, we DISMISS the appeal for want of
jurisdiction.

        WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals
for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.

        WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with
the Seal thereof affixed, at the City of Dallas, this 26 1h day of January, 2015.




                                                                       LISA MA TZ, Clerk

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                                                                      CO~HHV LLdriT AT LAY.J

                                                                            JA!l 2 ~· 2015

                                                                   ~~                                      6
                   IN THE COUNTY COURT AT LAW NO.6
                       OF COLLIN COUNTY, TEXAS
                           Honorable Jay A. Bender, Presiding
                                                                                   [)ORIGINAL
                              Criminal Docket No. 006-83651-2013


                                   STATE OF TEXAS

                                                 vs.
                               JEB STEVENS BROWN

                             CHARGE OF THE COURT
MEMBERS OF THE JURY:

       By a previous jury verdict returned in this case, the defendant was adjudged guilty of the
class "B" misdemeanor offense of criminal mischief. It is necessary that you jurors assess the
punishment for this offense.

        You are instructed an individual adjudged guilty of a Class B misdemeanor shall be
punished by:
                (1) a fine not to exceed $2,000;
                (2) confinement in jail for a term not to exceed 180 days; or
               (3) both such fine and confinement.
       Therefore, you will assess the punishment for the defendant within that range.

        You are further instructed that in fixing the defendant's punishment you may take into
consideration all the facts shown by the evidence admitted before you in the full trial in this case
and the law as submitted to you in this charge.

        Your verdict must be a unanimous vote of all members of the jury. In arriving at your
verdict, it will not be proper to determine it by lot, chance, or any other method than by a full,
fair, and free exercise of the opinion of the individual jurors under the evidence admitted before
you.
                                                                 ___,   ......
                                                          ,_/"

                                                    //~
       Signed this the 4th day of March, 2015.


                                                   ~~-A.~-
                                                       Judge Presiding




                                                                                                       7
.
                                                VERDICT


           The defendant having been previously been adjudged guilty as charged in the
    information, we, the jury,

    assess a fine of$       ¢       (answer with a dollar amount not to exceed $2,000 or
    "NONE" if you choose not to assess a fine)


    and set the defendant's punishment of confinement in the county jail for a period of

    -=i_____,d<O..Jc"'-~~,_____ (answer with a term not more than 180 days).



                                            (signature)



                                        (printed name)
                                                                    PRESIDING JUROR




                                                                                           8
                                               Case No. 006-83651-2013

THE STATE OF TEXAS                                                                           IN THE COUNTY COURT

vs.                                                                                                          ATLAW#6

JEB STEVENS BROWN                                                                           COLLIN COUNTY, TEXAS
                                       AMENDED - APPEAL
                    JUDGMENT- PLEA OF NOT GUILTY BEFORE JURY- FOUND GUILTY
                           PUNISHMENT BY JURY- FINAL CONVICTION

        The defendant has been charged by information with the misdemeanor offense of Criminal Mischief
>=$50<$500. This case was called for trial; the State of Texas appeared; and the defendant appeared and either had
counsel or waived counsel, any waiver having been voluntarily, knowingly, and intelligently made. Both parties
announced ready for trial. The defendant was arraigned or waived arraignment and pleaded Not Guilty. A jury was duly
selected, impaneled and sworn.

         And after hearing the information read, the defendant's plea, and the evidence submitted, the jury was then duly
charged according to the law to determine the guilt or innocence of the defendant. After hearing arguments of counsel,
the jury retired in charge ofthe proper officer to consider its verdict. The jury returned a verdict of"Guilty."

        The defendant elected that the Jury assess the punishment. After hearing the evidence submitted, the jury was
then duly charged according to the law to determine the punishment of the defendant. After hearing arguments of
counsel, the jury retired in charge of the proper officer to consider its verdict. The jury assessed a fine of $0.00 and term
of confinement of 1 day.

         It is further ORDERED that the amount paid to the defendant's appointed counsel is taxed against the defendant
as costs (only if the Court makes the determination that the defendant is no longer indigent) in an amount determined by
the Court as well as a one $25.00 Time Payment Fee, if applicable. To correct a cost bill, the County Clerk is granted
leave to amend it without further written order that any proper but omitted amount is due, even in cases where costs have
been previously paid.

         It is further ORDERED, ADJUDGED and DECREED that all writs, processes, commitments, and capiases may
issue for enforcement of any fine, cost, and term-and-condition incarceration ordered as a condition of supervision.

         It is therefore ORDERED, ADJUDGED, and DECREED that the defendant is guilty of the misdemeanor offense
of Criminal Mischief >=$50<$500 committed on this the lOth day of April, 2013, as charged in the Information. It is
further ordered that the defendant be remanded to the custody of the Sheriff of Collin County, Texas, to be confined until
all such costs and fines are paid and until the term of confinement has expired, with 1 day credit for time already served in
custody.

        Punishment amended after receiving the 5th Court of Appeals decis_i.on.         r~

SIGNED on this the 4th day of March, 2015.                                  {_   ~           (!__
I am the defendant who                                                      ~ ~ ~            {
received this judgment                                                    Jay Bender
                                                                          Judge Presiding
and sentence assessed
on this date.                                                               COURT COST:                      $319.00

      1~
        1!2
  r,·'L!J)'
      ' . .)       -----         RIGHT THUMB
                                                                            FINE
                                                                            FINE AND COST DUE
                                                                                                               $0.00
                                                                                                             30 days



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                                       NO. 006-83651-2013

       STATE OF TEXAS                           §   IN THE COUNTY COURT
                                                §
                                                §
       v.                                       §   AT LA\V NO.6
                                                §
      JEB BRO\VN                                §
      Defelltlallt                              §   COLLIN COUNTY, TEXAS

                                DEFENDANT'S NOTICE OF APPEAL

 TO THE HONORABLE JUDGE OF SAID COURT:

              Now comes Jeb Brown, Defendant in the above styled and numbered cause,

 and gives this written notice of appeal to the Court of Appeals of the State of

 Texas (5TH District Court of Appeals at Dallas, Texas) from the judgment of

 conviction and sentence herein rendered against Jeb Brown.
                     ,_
                   ....
                   •• ...
          , ' >... '    I
                            j
                            l         Respectfully su ifted,

                                             By/~---4L-->o...-::::----=­
 ·C'
-~   ,..._}                                  As~"   N MEHRY ARI
                                             Texas Bar No. 24068608
                                             MODJARRAD I ABUSAAD I SAID LAW FIRM
                                             212 W. Spring Valley Rd.
                                             Richardson, Texas 75081
                                             Tel. (972) 789-1664/Fax. (972) 789-1665
                                             amehryari@modjarrad.com

                            CERTIFICATE OF SERVICE
      I certify that on t e March 4, 2016, a true and correct copy of this Notice was
served on the Offic .of District Attorney of Collin County via hand delivery and
email to Katherine/ olden.


              c/~n
MOTION FOR NEW TRIAL
                                  Mehryari

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