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 lDNo.: TX 50656467 

### JUDGMENT OF CONVICTION BY JURY Judge Presiding: Attorney State: for HoN. Brian Gary
Donald S. Carter Offense for which Defendant Convicted: EVADINGARREST DET

### WNEH ChargingInstrument: Indictment Date ofOffense: February 07. 2015 Degree ofOffense: 3rd Degree Felony Verdict ofJury: 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 onDeadlyWeapon: N/A Plea to Enhancement/Habitual Paragraph: Findings on Enhancement/Habitual Paragraph: PunishedAssessedby: Date Sentence Imposed: Date Sentence to Commence: Court August 19, 2015 August 19, 2015 Punishment and Place of TwoYears, Texas Department ofCriminal 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: $

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# 'Q.. DvrCTIM (see below) 

### $0 ' DAGENCY/AGENT (see below) Sex Offender Registration Requirements Do NotApply to the Defendant. PROC. chapter 62. The age ofthe victim atthe time ofthe offense was N/A. TEX. CODE CRIM.

1IfDefendant is to serve sentence in TDCJ. enter incarceration periods in chronological

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_________ _ IfDefendant is to serve sentence in countyjail or i§ given credit toward fine and costs. enterdays creditedbelow. DAYS NOTES: All pertinent information, names and assessments indicated above are incorporated into the language ofthejudgmentbelow by reference. This cause was called for trial in Grayson County, Texas. The State appeared by her DistrictAttorney. Counsel/Waiver ofCounsel (select one)**~Defendant** appeared inperson with Counsel. 0Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing inopen 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 ofrecord. Thejuryheard the evidence submitted and argument ofcounsel. The Court charged thejury as to its duty to determine the guilt or innocence ofDefendant, and thejury retired to consider the evidence. Upon returning to open court, thejury delivered its verdict in the presence ofDefendant and defense counsel, ifany. The Court received the verdict and ORDERED itentered upon the minutes ofthe Court. PunishmentAssessed byJury I Court INo election (selectone)

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 thejury and itretiredto consider the questionofpunishment. 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 ofpunishment, the Court assessed Defendant'spunishment 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 Defendantpunished as indicated above. The Court ORDERS**Defendant~** pay allfines, court costs, andrestitution as indicated above. Punishment Options (selectone)**~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 ofthe Sheriffofthis county untilthe Sheriffcan obey the directions ofthis 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 ofPayment. The Court ORDERS Defendant immediately committed to the custody ofthe 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 ofthe 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 ofSentence (select one)

cgjThe Court ORDERS Defendant's sentence EXECUTED. 0The Court ORDERS Defendant's sentence ofconfinement 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 ofcommunity supervision is incorporated into thisjudgmentby 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

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3NO. 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:IDTHE STATE OFTEXAS 

### vs.



# KPR\ S&\,oNWf\\def Defendant CAUSE NO.

## V~s-5&./ • • • • 

### • IN THE 397TM JUDICIAL DISTRICT COURT OF GRAYSON COUNTY, TEXAS

TRIALCOURT'S CERTIFICATION OF DEFENDANT'S RIGHT OFAPPEAL*

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Judge I, Brian K. Gary, Judge ofthe trial court, certify this criminal case: is not aplea-bargain case, and the defendant has the right ofappeal. [or} is aplea-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 aplea-bargain case, but the trial courthas given permission to appeal, and the defendant has the right ofappeal. [or] is aplea-bargain case, and the defendant has NO right ofappeal. [or}

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Ihave received a copy ofthis certificatio . Ihave also been informed ofmy rights concerning any appeal ofthis criminal case, including any right to file aprose petitioner for review pursuantto Rule 69 ofthe Texas Rules of Appellate Procedure. Ihave been admonished that my attorney must mail a copy ofthe court ofappeals'sjudgment and opinion to my last known address and that Ihave only 30 days in which to file apro se petition for discretionary review in the Court ofcriminal Appeals. Tex R. App. P. 68.2. I acknowledge that, ifIwish to appeal this case and if Iam entitled to do so, it is my duty to inform my appellate attorney, by written communication, ofany change in the address at which I am currently living or any change in my current prison unit. Iunderstand that, because of appellate deadlines, ifl fail to timely inform my appellate a ey of change in my address, Imay lose the opportunity to file apro se petition for discretionary re**".:!·~~~-/....,....**

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*"A defendant is a criminal case has the right ofappeal under these rules. The trial court shall enter acertification ofthe defendant's right to appeal in every case in which it enters ajudgment ofguilt or other appealable order. In a pleabargain case-thatis, a case in which a defendant's plea was guilty ornolo contendere and the punishment did not exceed the punishmentrecommended by the prosecutor and agreed to by the defendant-adefendant 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) l

..cJ:JC: o:::a::::x ow._ :E ....J •**~1:Uz:** </)1-c:> <!u(f')**>-Ci:~** ....J.,_a:::: ....J(/')(.!) w- ::x:"ClTHE STATE OFTEXAS 

## v. KARL SCHONWALDER CAUSE NO. 065584 § 

### § § § § IN THE DISTRICT COURT OF GRAYSON COUNTY, TEXAS 397T" JUDICIAL DISTRICT 

### DEFENDANT'SMOTIONFORNEW TRIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Karl Schonwalder, Defendant, moves the Court for a new trial, and would showthe Court as follows:
1. 

### On August 19, 2015,judgment was entered in the above styled and numbered cause. The Defendantwould show that the Court erred in failing to instruct thejury, overthe 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 ajury properly instructed. WHEREFORE, PREMISES CONSIDERED, Karl Schonwalder, Defendant, prays thatthe Court grant him a new trial, and for such other and further reliefto which Defendant may be entitled.

DEFENDANT'S MOTION TO QUASH

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# ~c 0:: 0 u.. 0 Lr.J ....J u..State BarNumber 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

DEFENDANTSMOTION TO QUASH

... PAGE 2THE STATE OF TEXAS 

## v. KARL SCHONW ALDER CAUSE NO. 065584 § § 

### § § § IN THEDISTRICT COURT OF GRAYSON COUNTY, TEXAS 397TH JUDICIAL DISTRICT 

### NOTICE OFAPPEAL TO THE HONORABLE JUDGE OF SAID COURT: Karl Schoenwalder, defendant, within thirty days ofsentencing, files this notice ofappeal to the Fifth District Court ofAppeals in Dallas ofthe conviction and sentence in Cause No. 065584.**~** CD c:::J ,-< O;:J:;**~** c-J-I'Tl r ::oU>r p;;jr- J'TI -<--< 0 U>n)> 

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NOTICE OF APPEAL

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### Smith State BarNumber 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