CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL

TO THE TWELFTH COURT OF APPEALS

 

APPELLATE NO:

TRIAL COURT NO F1521685 

 

The State of Texas * IN THE 145TH DISTRICT COURT

 

VS * OF 

Ronny Lee Williams * NACOGDOCHES COUNTY, TEXAS 

 

 

The Records of my office reflect the following information in this case: 

 

DEFENDANT WAS CONVICTED OF: Possession of a Controlled Substance

PUNISHMENT ASSESSED 20 yrs TDCJ

 

WAS THIS A REVOCATION OF PROBATION? _____ YES __x__NO 

 

DEFENDANT IS: ___X__INCARERATED_________ OUT ON BOND ______ OUT ON 

PROBATION 

 

IF ON BOND GIVE AMOUNT: $________ DATE BOND POSTED: _______________

 

SENTENCE IMPOSED ON: 05/19/2015

IF NO SENTENCE, ORDER APPEALED SIGNED: 

 

WRITTEN NOTICE OF APPEAL WAS FILED ON 05/20/2015

 

TRIAL WAS HELD BEFORE THE COURT: 

 

1. BY TRIAL COURT ONLY WITH NO JURY _______ 

2. WITH A JURY ON GUILT ONLY ______________ 

3. WITH JURY ON PUNISHMENT ONLY __________ 

4. WITH JURY ON GUILT & PUNISHMENT ___xx___ 

 

MOTION FOR NEW TRIAL FILE___x__ YES____NO, If yes what date filed:

 

 

IF MOTION FOR NEW TRIAL WAS FILED AFTER NOTICE OF APPEAL, GIVE WRITTEN 

NOTICE TO THE COURT OF APPEALS IMMEDIATELY. 

 

 

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 7/27/2015 1:55:53 PM CATHY S. LUSK Clerk
PRESIDING TRIAL COURT JUDGE: Honorable Campbell Cox

 

TRIAL COURT REPORTER: CANDACE PARKE

 

ADDRESS: 101 West Main

 

 Nacogdoches, Texas 75961 

 

WAS DEFENDANT DECLARED INDIGENT?__xx__YES___NO 

 

DEFENDANT'S COUNSEL IS: RETAINED______APPOINTED__xx____PRO SE____

 

DEFENDANT IS REPRESENTED ON APPEAL

Noel D. Cooper

117 N. Street Ste. 2

Nacogdoches, Texas 75961

Phone 936-564-9000

Fax 936-715-6022

 

 DATED: July 27, 2015

 

 LORETTA CAMMACK, DISTRICT CLERK 

 

 BY:___Laurie Phillips____, DEPUTY CLERK

 

 NOTE: MOTION FOR NEW TRIAL ATTACHED 

 
NO. 1•1521685 

STATE OF TEXAS § 

§ 

§ 

§ 

§ 

20I5Jm1<; ~Hii:42 

IN THE DI~JRICf,.~OURT 

~-~· t-·"~ ...... 145TH JUDi~riY ~u i{iSrJncy-- ,_,[r~~~ ... , ·;...~;...~.;t\:\ vs. 

RONNY LEE WILLIAMS NACOGDOCHESCOUNTY,TEXAS 

MOTION FOR NEW TRIAL AND MOTION IN ARREST OF JUDGMENT 

TO THE HONORABLE JUDGE OF' SAID COURT: 

COMES NOW, Ronny Lee Williams, 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 comt the following: 

1. The Defendant was sentenced on May 19, 2015. This Motion, filed within 

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

75th day after the sentence, which is August 1, 2015, or this 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 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 nmN 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 tria]. 

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 

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merits. 

Respectfully submitted, 

LAW OFFICES OF NOEL D. COOPER 

117 North Street, Suite 2 

Nacogdoches, Texas 75961 

Telephone: (936) 564-9000 

Telecopier: (936) 715-6022 

Bv: [1:;;;;_ ~ No lD:COOPff 

State Bar No. 00796397 

noelcooper@noelcooper.com 

Attorney for Ronny Lee Williams 

CERTlf'ICATE OF PRESENTMENT 

By signature above, I hereby ce1tify that a true and correct copy of the above and 

foregoing has been hand-delivered to the Office for the 145th Judicial District Court of 

Nacogdoches County, on this day, ,June 4, 2015. 

CERTIFICATE OF SERVICE 

This is to certify that on June 4, 2015, a true and correct copy of the above and 

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

101 West Main Street, Nacogdoches, Texas, by hand delive1y. 

Noel D. Cooper 

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