{03452057.DOC / }

In the Court of Appeals 

For the Third Judicial District 

Sitting at Austin, Texas

No. 03-14-00066-CV 

Jacob Robert Allen and Karra Trichele Allen 

Appellants

v. 

Rickie Lee Allen

Appellee 

 

Appealed from the County Court of Burnet County, Texas 

Motion for Leave to File 

Appellee’s Supplemental Brief and Updated Appendix 

Jordan A. Mayfield 

State Bar No. 24037051 

Jeffrey A. Armstrong 

State Bar No. 24038747 

Robert Little 

 State Bar No. 24050940 

 little@namanhowell.com

Naman, Howell, Smith & Lee, PLLC 

400 Austin Ave., Ste. 800 

Waco, Texas 76701 

254-755-4100 

254-754-6331 (fax) 

Attorneys for Appellee

ACCEPTED

03-14-00066-CV

5895779

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/1/2015 10:58:40 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:58:40 AM JEFFREY D. KYLE Clerk
{03452057.DOC / }

No. 03-14-00066-CV

Jacob Robert Allen and Karra Trichele Allen 

Appellants

v. 

Rickie Lee Allen

Appellee 

Motion for Leave to File Appellee’s Supplemental 

Brief and Updated Appendix

To the Honorable Court of Appeals: 

 Comes now Rickie Lee Allen, Appellee in this case, and files this Motion for 

Leave to File Supplemental Brief and/or Updated Appendix, and would show unto 

the Court as follows: 

This matter has been before the Court and ready for disposition since June 

18, 2014. In Appellee’s Brief, Appellee stated “On July 1, 2013, Karra Allen shot 

her husband, Brian Allen, and killed him.” While on appeal, Karra Trichele Allen 

was tried and convicted of murdering her husband, Brian Dean Allen. Appellee 

requests the Court of Appeals to file the attached updated Appendix to Appellee’s 

Brief, which includes the Judgment of Conviction by a Jury. 
{03452057.DOC / } iii

Prayer

Rickie Lee Allen, Appellee, respectfully requests that the Court grant this 

Motion, allow the filing of the supplemental and/or updated Appendix, and for 

such other relief all such other and further relief to which it is entitled. 

 Respectfully submitted, 

____________________________________ 

Jordan A. Mayfield 

State Bar No. 24037051 

mayfield@namanhowell.com

Jeffrey A. Armstrong 

State Bar No. 24038747 

armstrong@namanhowell.com

Robert Little 

 State Bar No. 24050940 

 little@namanhowell.com

Naman, Howell, Smith & Lee, PLLC 

400 Austin Ave., Ste. 800 

Waco, Texas 76701 

254-755-4100 

254-754-6331 (fax) 

Attorneys for Appellee
{03452057.DOC / } 

1

Certificate of Conference 

I hereby certify that I have attempted to confer with appellate counsel for 

Jacob Allen and Karra Trichele Allen – Angela Dowdle and Eddie Shell, and have 

had no response from the correspondence emailed and faxed to them. I have made 

reasonable attempts to confer with the other parties to determine their position on 

the substance of this Motion. I am not able to make a representation to the Court 

that this Motion is either opposed or unopposed due to their lack of response. 

________________________________ 

Jordan A. Mayfield 

Certificate of Service 

 I hereby certify that a true and correct copy of the foregoing was sent to the 

person(s) named below, at the address shown by placing the same in a properly 

addressed envelope, postage pre-paid, and mailing the document by first class mail 

(and by other means stated below) on July 1, 2015. 

 Eddie G. Shell 

 Shell & Shell 

 6000 Highway 281 North 

 Marble Falls, Texas 78654 

Via U. S. First Class Mail & Facsimile 830.798.0328

 Angela M. Dowdle 

 Angela M. Dowdle, PC 

 211 E. Jackson 

 Burnet, Texas 78611 

Via U.S. First Class Mail & Facsimile 512.756.9110 

____________________________________ 

Jordan A. Mayfield 
{03441965.DOCX / }

In the Court of Appeals 

For the Third Judicial District 

Sitting at Austin, Texas

No. 03-14-00066-CV 

Jacob Robert Allen and Karra Trichele Allen 

Appellants

v. 

Rickie Lee Allen

Appellee 

 

Appealed from the County Court of Burnet County, Texas 

UPDATED APPENDIX

Order Granting Rickie Lee Allen’s 

Traditional Motion for Summary Judgment A 

Holographic Will B 

Indictment C 

Judgment of Conviction by a Jury D 

IN THE ESTATE OF 

BRIAN ALLEN, 

DECEASED 

NO. P9661 

§ IN THE COUNTY COURT. 

§ 

§ OF 

§ 

§ BURNET COUNTY, TEXAS 

ORDER GRANTING RICKIE LEE ALLEN'S 

TRADITIONAL MOTION FOR SUMMARY ~JUDGMENT 

Came on to be heard this 18th day of November, 2013, Rickie Lee Allen's Traditional 

Motion tol" Summary Judgment, and after considering such Motion and the arguments of 

counsel. the Court is of the opinion the Motion should be granted in its entirety. 

It is. therefore, ORDERED that Rickie Lee Allen's Motion for Summary Judgment is 

'M:;;,r;() by Jttl((j.'i, (/()b(Jr~- 4//,p1"'\ 

hereby granted with costs of courH'o be taxed against Jacob Robert Allen. 

SIONED this I 8rh day of November, 2013. 

:02624330.DOC / ) PHge I of I 

Alxoms ctl~AYO~rol~ 

J TEXAS 

~~~~~~~I:IooA~~_DEPUTY 

Order Granting Rickie Lee Allen's' 

Tradit tonal Mot ion Jbr Summerry Judgment 

. I 

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\.A<f.>.\ W \ L\... ~ 1€:;.;:rn MONT' 'f/ t:;o/t;O Atb'1-~~/or . -P~1iZ-I BUTloN c;= ~qS Ah1ON~-$T FAt1I0( . 

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NO: L\1..]u5 THESTATEOFTEXAS VS. KARRA TRICHELE ALLEN 

INDICTMENT: 

PENAL CODE: 

DEGREE OF FELONY: 

OFFENSE CODE: 

BOND: 

CONTROL # DA ... 13~00744 

MURDER 

19.02(b)(1) 

FIRST DEGREE FELONY 

09990019 

~'YOD,OOO,~~ 

TRN#9192623972 AOOl 

IN THE 424th JUDICIAL DISTRICT COURT OF BURNET COUNTY, TEXAS 

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: 

THE GRAND JURY, for the County of Burnet, State of Texas, duly organized, 

impaneled and sworn as such at the January tenn, A.D. 2014, of the 424th Judicial District 

Court for said COtll1ty, upon their oaths present in and to said court at said term that, 

KARRA TRICHELE ALLEN, hereinafter referred to as Defendant, on or about the 1st 

day of July, 2013, and before the presentment of this indictment, in the County of Burnet, 

and the State of Texas, did then and there intentionally or knowingly cause the death of 

an individual, namely, Brian Allen, by shooting him with a firearm. 

AGAINST THE PEACE AND DIGNITY OF THE STATE 

FOREP 

Page 1 of 1 
{03442531.DOCX / }

Appendix D
CASE No. 42765 COUNT ONE 

INCIDENT No.lTRN: 9192623972 

THE STATE OF TEXAS § 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE 33RD DISTRICT 

V. COURT 

KARRA TRICHELE ALLEN BURNET COUNTY, TEXAS 

STATE ID No.: TX05058281 

JUDGMENT OF CONVICTION BY JURY 

Judge Presiding: HON. J. ALLAN GARRETT Date Judgment 

Entered: 6/2/2015 

Attorney for State: WILEY MCAFEE! 

PETERKEIM 

Attorney for 

Defendant: EDDIE SHELL 

Offense for which Defendant Convicted: 

MURDER 

Charging Instrument: 

INDICTMENT 

Date of Offense: 

71112013 

Degree of Offense: 

1ST DEGREE FELONY 

Verdict of Jury: 

GUILTY 

Plea to 1'1 Enhancement 

Paragraph: 

Findings on 1"1 Enhancement 

Paragraph: 

N/A 

N/A 

Statute for Offense: 

19.02(b)(l) Penal Code 

Plea to Offense: 

NOT GUILTY 

Findings on Deadly Weapon: 

YES, A FIREARM 

Plea to 2nd EnhancementlHabitual 

Paragraph: 

Findings on 2nd 

EnhancementlHabitual Paragraph: 

N/A 

N/A 

Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: 

JURY 6/2/2015 6/2/2015 

Punishment and Place 

of Confinement: LIFE INSTITUTIONAL DIVISION, TDCJ 

THIS SENTENCE SHALL RUN CONCURRENTLY. 

D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A 

Fine: 

$N/A 

Time 

Credited: 

Restitution: Restitution Payable to: 

$N/A o VICTIM (see below) 0 AGENCY/AGENT (see below) 

If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. 

From 7/212013 to 8/8/2013 From to From to 

From to From to From to 

If Defendant is to serve sentence 10 county jailor IS given credit toward fine and costs, enter days credited below. 

N/A DAYS NOTES: N/A 

All pertinent information, names and assessments iodicated above are incorporated ioto the language of the judgment below by reference. 

This cause was called for trial in Llano County, Texas. The State appeared by her District Attorney. 

Counsell Waiver of Counsel <select one) 

[gI Defendant appeared in person with Counsel. 

o Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. 

It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging 

instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the 

jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it of record. 

The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the 

guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its 

verdict in the presence of Defendant and defense counsel, if any. 

judgmenc oCconvictioD_by.jury.docx Pagelof2 
The Court rece ived the verdict and ORDEllED it entered upon the minutes of the Court. 

Punishment Assessed by Jury I Court I No election (select one) 

~ .Jury Defendant entered a plea and filed a written election to have the jury assess punishment. The Jury heard evidence relative to 

th e question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberat.ion, 

the jury wa s brought into Court, and, in open court., it returned its verdict as indicated above. 

D Court. Defendant elected (.u ha ve t.h e Court assess punishment. After hea ring evidence relative to the question of punishment, t.he 

Court assessed Dehmdant's Jlunishment as indicated above. 

D No Election. Defe ndant did not file a writw n election as to whcther the judg'c or jury should assess punishment. After hea ring 

evidence relative to t.he question of punishment, the Court assessed Defenda nt's punis hment as indicated above. 

The Court FINDS Defe ndant committed the above offense and ORDERS, ADJUDGES AND DECREES t.hat. Defendant is 

GUILTY of the above offense . The Court FINDS the Present ence Investigation , if so ordered, wa s done according to the applicable 

provisions of TEX . CODE CRIM. PROC. art. 42.12 § 9. 

The COlll't OHDERS Defendant punished as indicated above . The Court ORDERS Defendant t.o pay all fin es, co urt costs, and 

restitution as indicated above . 

Punishment Options (select one) 

~ Confinement in State ,Jailor Institutional Division, The Court ORDERS the a ut horized age nt of the State of Texas or the 

Sheriff of t.his Cou nty to take , safely co nvey, and deliver Defendant to the Dil'Cetor, Institutional Division, TDCJ, The Co urt 

ORDEHS Defe nda nt to be co nfined for the period a nd in the manne r indicated above . The COUl't OIWEHS Defendant remanded to the 

custody of t. he Sheriff of this county until the Sheriff can obey the directions of this se ntence, The Co urt ORDERS that upon release 

from confinement. Defe nd a nt proceed immedia tely to the BUHNET COUNTY COLLECTIONS OFFICE, 220 S, PIERCE, BURNET, 

TEXAS, Once there , the Co urt ORDERS Defe nd a nt to pay, 01' make al'l'angements to pay, any remaining unpaid fin es, co urt costs, 

a nd restitution as orde red by the Court above, 

D County Jail- Confinement I Confinement in Lieu of Payment. The Court ORDERS Defenda'nt immediately committed to 

the custody of th e Sheriff of Co unty, Texas on the dat.e the sentence is to commence, Defendant shall be confined in t.he 

County Jail for the period indica ted auove. The Co urt OHDf.HS th at upon release fr0111 co nfinement, Defendant shall proceed 

immediately to the Once there, the Court OHDEHS Defend a nt to pay, or make a rran ge ments to pay, any remaining unp aid 

fin es, court costs, and restitution as ord ered by the Com! above. 

D Fine Only Payment, The p unis hment a~sessed aga inst Defulldant is for a FINE ONLY. The Court ORDERS Defend a nt to proceed 

immediately to the Office of the County On ce th ol'e, the Co urt OIWERS Defendant to pay 01' make arr'angements to pa y a ll 

fin es and court. costs as ordered by the Cuurt in this ca lise . 

Execution I Sus,p.ension of SenttJJ1,ce ~!!J~"'-LQr1~) 

[2J The Court ORDEHS Defendant's sentence EXECUTED , 

D The Court ORDEHS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community 

supervision for th e adjudged pe riod (above) so long as Defend a nt abides uy and doe s not vio late the terms a nd conditions of 

community supervision. The order se tting forth the terms a nd conditions of community sup el'vision is incurporated into t.his 

Judgmcnt by refere nce, 

The COlll't OHDEHS that Defendant is given credit nuted a bove on this sen lence for th~! t.im e spent incarcerated, 

FurthermQLQ....1..hQJ·Qllowing sw)cial findings or orders aIm.!.Yl 

Signed and entered on June 2, 2015 

x 

J.j \LLAN GARRETT 

J UDGE PRESlDING 

Clerk: 

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