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 ofmy office show: (1) WRITTEN Notice ofAppeal was given onthe 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 ofthe offense of: MURDER (3) The date the sentence was imposed orimposition ofsentence was suspended or otherorder appealed from was the 20TH day of MAY, 2015. (4) The Honorable B. Michael Chitty presided at the trial. (5) The State is represented onappeal by: ERLEIGHNOR VILE WILEY Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 State BarNo. 15113280 TelephoneNumber: 972-932-4331 EXT. 1260 (6) The Defendant is represented on appeal by: Taryn Davis Address: 109 N. Jackson St., Kaufman, Texas 75142 State BarNo.00792449 TelephoneNumber: 972-962-0653 (7) Defendant's Counsel is: Retained AppointedXXX ProSe
__ (8) The Trial was before the Court: WithoutA Jury
_ A Jury on Guilt Only
__ _ A Jury on Punishment Only
__ A Jury OnBoth Guilt and Punishment XXX (9) MotionForNewTrial filed: Yes XX No_ Ifyes, date filed: May 20,2015 NOTE: IF MOTION FORNEWTRIAL WAS FILED AFTERNOTICE OF APPEAL, PLEASE GIVE WRITTEN NOTICE TO THIS COURT IMMEDIATELY. (10) Defendant Incarcerated: Yes XXX No
__ Ifno, defendant free onappeal bond of$
_____posted onthe
___day of (11) Defendanthas XX has not__ been declared indigent. (12) Court Reporter DonnaGehl Address: 100 WEST MULBERRY, KAUFMAN, TEXAS 75142 Date Filed May 20 , 2015
.

# ~~/ RHONDA

### HUG~6 DISTRICT CLERK KAUFMAN COUNTY, TEXASSTATE OF TEXAS
vs. WILLIAM SIMONS 

### § § 

### § § §
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 ofconviction and sentence herein rendered against William Simons. Respectfully submitted, Law Office ofTarynDavis, PLLC 1

09 N. Jackson St. Kaufman, TX 75142 Tel: (972) 962-0653 Fax: (972) 962-0656

# By:_~_·**______.._~** .. 

# <........:o...,::?--"""------ Taryn Davis State BarNo. 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 

### § § § § § vs. WILLIAM SIMONS KAUFMAN COUNTY,

## TEll~Ty MOTION FORNEW 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 ofJudgment pursuant to Rules 21 and 22 ofthe Texas Rules ofAppellate Procedure, and in support thereofwould 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 orthis motion is overruled by operation oflaw. 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 ofjustice, as the Court ofCriminal 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 ofjustice. In Mullins v. State, 37 Tex. 337, 339-340 (1872-73), the Supreme Court, which at thattime had criminaljurisdiction, held:

... The discretion ofthe District Court, in granting new trials, is almost the only protection to the citizen against the illegal or oppressive verdicts of prejudiced,

# .....
careless, or ignorantjuries, 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 ofthis Motion, Defendantrequests a newtrial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court set aside thejudgment ofconviction entered inthis cause and order a newtrial onthe merits. Respectfully submitted, Law Office ofTaryn Davis, PLLC 109 N. Jackson St. Kaufman, TX 75142 Telephone: (972) 962-0653 Fax: (972) 962-0656 By:

# ~~\~ Taryn Davis State BarNo. 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 ofKaufman 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 DavisCauseNo. 15-00125-422-F THE STATE OF TEXAS § § 

### § VS. IN AND FOR WILLIAM SIMONS KAUFMAN COUNTY, TE

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I,judge ofthe trial court, certifythis criminal case: 

# / D
D D D
Judge Is not a plea-bargain case, and the defendant has the right ofappeal, [or] Is a plea-bargain case, butmatters were raised by written motion filed and ruled onbefore the trial, and not withdrawn orwaived, andthe defendant has the right ofappeal, [or] Is a plea-bargain case, butthe trial court has given permission to appeal, and the defendanthas the right ofappeal, [or] Is a plea-bargain case, andthe defendanthas NO right ofappeal, [or] The defendant has waived the right ofappeal.

Date Signdd I I have received a copy ofthis certification·

Defendant (ifnotrepresented by counsel) Mailing Address: Defendan ' Counsel State Bar o.: 

## t)q{Jq) (1) Mailing Address: Telephone#: Fax # (ifany) Teleph?ne #: 

# q**()~?** 

# ·{ 60") Fax# (1fany) *A defendant in a criminal case has the right ofappeal under these rules. The trial court shall enter a certification ofthe defendant right to appeal in every case in which it enters ajudgment ofguilt or other appealable order. In a pleabargain 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).