NO: 15-00125-422-F 

THE STATE OF TEXAS IN THE 422ND DISTRICT COURT 

vs. 

WILLIAM SIMONS KAUFMAN CO., TEXAS 

CERTIFICATE TO BE FILED WITH NOTICE OF 

APPEAL IN COURT OF APPEALS 

The records of my office show: 

(1) WRITTEN Notice of Appeal was given on the 20TH day of May ,2015. 

NOTE: ATTACH COPY OF NOTICE OF APPEAL TO THIS FORM. 

(2) The defendant named above was convicted in this Court of the offense of: 

MURDER 

(3) The date the sentence was imposed or imposition of sentence was suspended or other order 

appealed from was the 20TH day of MAY, 2015. 

(4) The Honorable B. Michael Chitty presided at the trial. 

(5) The State is represented on appeal by: ERLEIGH NOR VILE WILEY 

Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 

State Bar No. 15113280 Telephone Number: 972-932-4331 EXT. 1260 

(6) The Defendant is represented on appeal by: Taryn Davis 

Address: 109 N. Jackson St., Kaufman, Texas 75142 

State Bar No.00792449 Telephone Number: 972-962-0653 

(7) Defendant's Counsel is: Retained Appointed XXX ProSe __ 

(8) The Trial was before the Court: 

Without A Jury _ 

A Jury on Guilt Only __ _ 

A Jury on Punishment Only __ 

A Jury On Both Guilt and Punishment XXX 

(9) Motion For New Trial filed: Yes XX No_ If yes, date filed: May 20,2015 

NOTE: IF MOTION FOR NEW TRIAL WAS FILED AFTER NOTICE OF APPEAL, 

PLEASE GIVE WRITTEN NOTICE TO THIS COURT IMMEDIATELY. 

(1 0) Defendant Incarcerated: Yes XXX No __ 

If no, defendant free on appeal bond of$ _____ posted on the ___ day of 

( 11) Defendant has XX has not __ been declared indigent. 

(12) Court Reporter Donna Gehl 

Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 

Date Filed May 20 , 2015 . 

~~/ RHONDA HUG~6 

DISTRICT CLERK 

KAUFMAN COUNTY, TEXAS 

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 5/21/2015 11:46:15 AM LISA MATZ Clerk
STATE OF TEXAS 

vs. 

WILLIAM SIMONS 

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NOTICE OF APPEAL 

TO THE HONORABLE JUDGE OF SAID COURT: 

6;;{~,' 

tRJ/ 

,jfPur., 

Now comes William Simons, 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 from the 

judgment of conviction and sentence herein rendered against William Simons. 

Respectfully submitted, 

Law Office of Taryn Davis, PLLC 

1 09 N. Jackson St. 

Kaufman, TX 75142 

Tel: (972) 962-0653 

Fax: (972) 962-0656 

By:_~_· ______.._~ .. <........:o...,::?--"""------

Taryn Davis 

State Bar No. 00792449 

tdavispllc@yahoo.com 

Attorney for William Simons 

CERTIFICATE OF SERVICE 

This is to certify that on May 20, 2015, a true and correct copy of the above and 

foregoing document was served on the District Attorney's Office, Kaufman County, Kaufman 

County Courthouse, by hand delivery. 

Taryn Davis 
.•. ' 

NO. 15-00125-422-F 

STATE OF TEXAS § 

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vs. 

WILLIAM SIMONS KAUFMAN COUNTY, TEll~Ty 

MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, William Simons, the Defendant in the above styled and numbered cause, 

and files this Motion for New Trial and Motion in Arrest of Judgment pursuant to Rules 21 and 

22 of the Texas Rules of Appellate Procedure, and in support thereof would show this court the 

following: 

1. The Defendant was sentenced on May 20, 2015. This Motion, filed within the 

thirty-day timetable, is therefore timely. A hearing must be commenced before the 75th day 

after the sentence or this motion is overruled by operation of law. 

2. The verdict in this cause is contrary to the law and the evidence. See Tex. R. 

App. P. 21.3. 

3. The trial court has the discretion to grant a new trial in the interests of justice, as 

the Court of Criminal Appeals has emphasized: 

For more than one hundred and twenty years, our trial judges have had the discretion to 

grant new trials in the interest of justice. In Mullins v. State, 37 Tex. 337, 339-340 

(1872-73), the Supreme Court, which at that time had criminal jurisdiction, held: 

... The discretion of the District Court, in granting new trials, is almost the only 

protection to the citizen against the illegal or oppressive verdicts of prejudiced, 
..... 

careless, or ignorant juries, and we think the District Court should never hesitate 

to use that discretion whenever the ends of justice have not been attained by those 

verdicts. 

State v. Gonzalez, 855 S.W.2d 692 (Tex. Crim. App. 1993). 

4. For the foregoing reasons, and for such other reasons that may arise on the 

hearing of this Motion, Defendant requests a new trial. 

WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside 

the judgment of conviction entered in this cause and order a new trial on the merits. 

Respectfully submitted, 

Law Office of Taryn Davis, PLLC 

109 N. Jackson St. 

Kaufman, TX 75142 

Telephone: (972) 962-0653 

Fax: (972) 962-0656 

By: 

Taryn 

~~\~ Davis 

State Bar No. 00792449 

tdavispllc@yahoo.com 

Attorney for William Simons 

CERTIFICATE OF PRESENTMENT 

By signature above, I hereby certify that a true and correct copy of the above and 

foregoing has been hand-delivered to the Office for the 422nd Judicial District Court of Kaufman 

County, on this day, May 20, 2015. 

CERTIFICATE OF SERVICE 

This is to certify that on May 20, 2015, a true and correct copy of the above and 

foregoing document was served on the District~ttor ' Office, Kaufman County, Kaufman 

County Courthouse, by hand delivery. · 

. ' "_;> 

Taryn Davis 
Cause No. 15-00125-422-F 

THE STATE OF TEXAS § 

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VS. IN AND FOR 

WILLIAM SIMONS KAUFMAN COUNTY, TE 

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

I, judge of the trial court, certify this criminal case: 

/ 

D 

D 

D 

D 

Judge 

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 the trial, and not withdrawn or waived, and the defendant has the right 

of appeal, [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] 

The defendant has waived the right of appeal. 

Date Signdd I 

I have received a copy of this certification· 

Defendant (if not represented by counsel) 

Mailing Address: 

Defendan ' Counsel 

State Bar o.: t)q{Jq) (1) 

Mailing Address: 

Telephone#: 

Fax # (if any) Teleph?ne #: q ()~? · { 60 ") 

Fax# (1f any) 

*A defendant in a criminal case has the right of appeal under these rules. The trial court 

shall enter a certification of the defendant 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, or (B) after getting the trial court's permission to appeal. 

TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).