CASE No. 065584 

INCIDENT No./TRN: 9241937505 TRS: A002 

THE STATE OF TEXAS § 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE 397TH DISTRICT COURT 

v. OF 

KARLSCHOENWALDER GRAYSON COUNTY, TEXAS 

STATE lD No.: TX 50656467 

JUDGMENT OF CONVICTION BY JURY 

Judge 

Presiding: 

Attorney 

State: 

for 

HoN. Brian Gary 

Donald S. Carter 

Offense for which Defendant Convicted: 

EVADING ARREST DET WNEH 

Charging Instrument: 

Indictment 

Date of Offense: 

February 07. 2015 

Degree of Offense: 

3rd Degree Felony 

Verdict of Jury: 

GUILTY 

Plea to 1st Enhancement 

Paragraph: 

Findings on 1st 

Enhancement 

Paragraph: 

Date 

Judgment 

Entered: 

August 19, 2015 

Attorney for T. Scott Smith 

Defendant: 

Statute for Offense: 

38.04(b)(2)(A) Penal Code 

Plea to Offense: 

Not Guilty 

Findings on Deadly Weapon: 

N/A 

Plea to 

Enhancement/Habitual 

Paragraph: 

Findings on 

Enhancement/Habitual 

Paragraph: 

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

Court August 19, 2015 August 19, 2015 

Punishment and 

Place of Two Years, Texas Department of Criminal Justice 

Confinement: 

THIS SENTENCE SHALL RUN CONCURRENTLY UNLESS OTHERWISE SPECIFIED. 

0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON 

COMMUNITY SUPERVISION FOR N/A. 

Fine: Court Costs: Restitution: Restitution Payable to: 

$ $~{oCO... $ 'Q.. DvrCTIM (see below) $0 

' DAGENCY/AGENT (see below) 

Sex Offender Registration Requirements Do Not Apply to the Defendant. 

PROC. chapter 62. 

The age of the victim at the time of the offense was N/A. 

TEX. CODE CRIM. 

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 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 8/24/2015 2:20:05 PM LISA MATZ Clerk
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological 

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\)\J From----~---~ to---------- Time From ~ Credited: --------- ---------- From to _________ _ 

If Defendant is to serve sentence in county jail or i§ given credit toward fine and costs. 

enter days credited below. 

DAYS NOTES: 

All pertinent information, names and assessments indicated above are incorporated into 

the language of the judgment below by reference. 

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

District Attorney. 

Counsel/ Waiver of Counsel (select one) 

~Defendant appeared in person with Counsel. 

0Defendant 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. 

The Court received the verdict and ORDERED it entered upon the minutes of the Court. 

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

0Jury. Defendant entered a plea and filed a written election to have the jury assess 

punishment. The jury heard evidence relative to the question of punishment. The Court 

charged the jury and it retired to consider the question of punishment. After due deliberation, 

the jury was brought into Court, and, in open court, it returned its verdict as indicated 

above. 

IZJCourt. Defendant elected to have the Court assess punishment. After hearing evidence 

relative to the question of punishment, the Court assessed Defendant's punishment as 

indicated above. 

0No Election. Defendant did not file a written election as to whether the judge or jury 

should assess punishment. After hearing evidence relative to the question of punishment, the 

Court assessed Defendant's punishment as indicated above. 

The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND 

DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence 

Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. 

PROC. art. 42.12 § 9. 

The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant~ 

pay all fines, court costs, and restitution as indicated above. 

Punishment Options (select one) 

~Confinement in Texas Department of Criminal Justice. The Court ORDERS the 

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authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, 

and deliver Defendant to the Director, Texas Department of Criminal Justice. The 

Court ORDERS Defendant to be confined for the period and in the manner indicated above. 

The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the 

Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from 

confinement, Defendant proceed immediately to the Grayson County Justice CenterCollections Department. Once there, the Court ORDERS Defendant to pay, or make 

arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by 

the Court above. 

0County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS 

Defendant immediately committed to the custody of the Sheriff of Grayson County, Texas 

on the date the sentence is to commence. Defendant shall be confined in the Grayson 

County Jail for the period indicated above. The Court ORDERS that upon release from 

confinement, Defendant shall proceed immediately to the Grayson County Justice CenterCollections Department. Once there, the Court ORDERS Defendant to pay, or make 

arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by 

the Court above. 

0Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. 

The Court ORDERS Defendant to proceed immediately to the Office of the Grayson County 

Justice Center-Collections Department. Once there, the Court ORDERS Defendant to 

pay or make arrangements to pay all fines and court costs as ordered by the Court in this 

cause. 

Execution I Suspension of Sentence (select one) 

cgjThe Court ORDERS Defendant's sentence EXECUTED. 

0The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS 

Defendant placed on community supervision for the adjudged period (above) so long as 

Defendant abides by and does not violate the terms and conditions of community 

supervision. The order setting forth the terms and conditions of community supervision is 

incorporated into this judgment by reference. 

The Court ORDERS that Defendant is given credit noted above on this sentence for the time 

spent incarcerated. 

Furthermore. the following special findings or orders apply: 

Signed and entered on --"'8i,..L......4.-*"-- day of --#-V1~optrr......cl.:..:t....___, ~ ( g' 

~rian&t?J JUDGE PRESIDING 

3 
NO. 065584 

THE STATE OF TEXAS: § IN THE 397TH DISTRICT 

COURT 

§ 

§ 

vs. § OF 

§ 

§ 

KARL SCHOENWALDER § GRAYSON COUNTY, TEXAS 

CERTIFIED FINGERPRINT 

RIGHT THUMB PRINT OF DEFENDANT 

PRINT TAKEN BY:ID 
THE STATE OF TEXAS 

vs. 

KPR\ S&\,oNWf\\def 

Defendant 

CAUSE NO. V~s-5&./ 

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IN THE 397TM JUDICIAL 

DISTRICT COURT OF 

GRAYSON COUNTY, TEXAS 

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* 

() 

() 

() 

() 

Judge 

I, Brian K. Gary, Judge of the trial court, certify this criminal case: 

is not a plea-bargain case, and the defendant has the right of appeal. [or} 

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 or appear. [or] ~ 

is a plea-bargain case, but the trial court has given permission to appeal, and the 

defendant has the right of appeal. [or] 

is a plea-bargain case, and the defendant has NO right of appeal. [or} 

Date Signed 

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I have received a copy of this certificatio . I have also been informed of my rights concerning any appeal of this 

criminal case, including any right to file a prose petitioner for review pursuant to Rule 69 of the Texas Rules of 

Appellate Procedure. I have been admonished that my attorney must mail a copy ofthe court of appeals's judgment 

and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary 

review in the Court of criminal Appeals. Tex R. App. P. 68.2. I acknowledge that, if I wish to appeal this case and if 

I 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 current prison unit. I understand that, because of 

appellate deadlines, ifl fail to timely inform my appellate a ey of change in my address, I may lose the 

opportunity to file a pro se petition for discretionary re ".:!·~~~-/....,.... 

---it:1£fCMailing Address ________ _ Mailing Address------------

Telephone Number _______ _ Telephone Number-----------

*"A defendant is a criminal case has the right of appeal under these rules. The trial court shall enter a certification 

of the defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a 

plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did 

not exceed the punishment recommended by the prosecutor and agreed to by the defendant-a defendant may 

appeal only: (A) those matters that were raised by written motion filed and ruled on before trial, (B) after getting the 

trial court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2) 

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THE STATE OF TEXAS 

v. 

KARL SCHONWALDER 

CAUSE NO. 065584 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT OF 

GRAYSON COUNTY, TEXAS 

397T" JUDICIAL DISTRICT 

DEFENDANT'S MOTION FOR NEW TRIAL 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, Karl Schonwalder, Defendant, moves the Court for a new 

trial, and would show the Court as follows: 

1. On August 19, 2015, judgment was entered in the above styled and 

numbered cause. The Defendant would show that the Court erred in failing to 

instruct the jury, over the Defendant's objection, on the lesser included charge of 

fleeing or attempting to elude a police officer, pursuant to Tex. Transp. Code§ 

545.421 (a). See, Walker v. State, 95 S.W.3d 516, 519 (Tex. App. -Ft. Worth 

2002). Accordingly, the Defendant should be granted a new trial, with a jury 

properly instructed. 

WHEREFORE, PREMISES CONSIDERED, Karl Schonwalder, Defendant, 

prays that the Court grant him a new trial, and for such other and further relief to 

which Defendant may be entitled. 

DEFENDANT'S MOTION TO QUASH ... PAGE 1 

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State Bar Number 18688900 

120 South Crockett Street 

P.O. Box 354 

Sherman, Texas 75091-0354 

e-mail smithlaw@airmail.net 

Facsimile (903) 870-1446 

Telephone (903) 868-8686 

CERTIFICATE OF SERVICE 

I do hereby certify that a true and correct copy oft e above and foregoing document was served by 

facsimile to the Grayson County Attorney's Office, 2 

DEFENDANTS MOTION TO QUASH ... PAGE 2 
THE STATE OF TEXAS 

v. 

KARL SCHONW ALDER 

CAUSE NO. 065584 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT OF 

GRAYSON COUNTY, TEXAS 

397TH JUDICIAL DISTRICT 

NOTICE OF APPEAL 

TO THE HONORABLE JUDGE OF SAID COURT: 

Karl Schoenwalder, defendant, within thirty days of sentencing, files this 

notice of appeal to the Fifth District Court of Appeals in Dallas of the conviction 

and sentence in Cause No. 065584. 

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NOTICE OF APPEAL ... PAGE I 

submitted, 

h1JI'rnr.~cott Smith 

State Bar Number 18688900 

120 South Crockett Street 

P.O. Box 354 

Sherman, Texas 75091-0354 

e-mail smithlaw@airmail.net 

Facsimile (903) 870-1446 

Telephone (903) 868-8686 

CERTIFICATE OF SERVICE