Bennett, Chad Ray

PD-0421-15 PD-0421-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/4/2015 11:32:13 AM Accepted 5/4/2015 3:59:01 PM IN THE COURT OF ABEL ACOSTA CRIMINAL APPEALS CLERK OF TEXAS

CHAD RAY BENNETT, § PETITIONER § § v. § No. PD-0421-15 § STATE OF TEXAS, § RESPONDENT §

STATE'S REPLY BRIEF

FROM THE COURT OF APPEALS FOR THE SIXTH APPELLATE JUDICIAL DISTRICT AT TEXARKANA

06-14-000 5O-CR

HUNT COUNTY

NOBLE DAN. WALKER, JR. District Attorney May 4, 2015 Hunt County, Texas State Bar Number- 20717620

KELI M. AIKEN First Assistant District Attorney P.O. Box 411 4th Floor Hunt County Courthouse Greenville, Texas 7 5401 State Bar Number - 24043442 kaiken@huntcounty .net (903) 408-4180 FAX (903) 408-4296

TABLE OF CONTENTS

TABLE OF CONTENTS ..................................................................................................... i INDEX OF AUTHORITIES ............................................................................................... ii GROUNDS REVIEW SHOULD BE DENIED .................................................................. 2 SUMMARY OF THE STATE'S ARGUMENT ................................................................. 3 STATE'S GROUND ONE .............................................................................................. 4-5

As Petitioner's brief only restates the same points of error previously addressed by the intermediate courts of appeal and fails to state adequate reasons for review, the petition should be summarily denied for failure to comply with Tex. R. App. Pro., R. 66.3.

PRAYER FOR RELIEF ...................................................................................................... 6 CERTIFICATE OF SERVICE ........................................................................................... 7

INDEX OF AUTHORITIES

Case Authority Degrate v. State, 712 S.W.2d 755, 756-757 (Tex. Crim. App. 1986) ............................... .4 Gamezv. State, 737 S.W.2d315, 317 (Tex. Crim. App. 1987) ......................................... .4

King v. State, 125 S.W.3d 517, 520 (Tex. Crim. App. 2003) (concurring, J. Cochran) .................................................................................................... 4

Statutes and Rules Page(s) Texas Rules of Appellate Procedure

Rule 66.3 ................................................................................................................. 4

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

CHAD RAY BENNETT, § PETITIONER § § v. § No. PD-0421-15 § STATE OF TEXAS, § RESPONDENT §

STATE'S REPLY BRIEF

TO THE COURT OF CRIMINAL APPEALS:

Comes now the State, by and through its Assistant Criminal District Attorney, and respectfully submits its reply to Petitioner's brief urging denial of review for the judgment of the Sixth Appellate District Court of Appeals in this case.

GROUNDS REVIEW SHOULD BE DENIED

GROUND ONE

As Petitioner's brief only restates the same points of error previously

addressed by the intermediate courts of appeal and fails to state

adequate reasons for review, the petition should be summarily

denied for failure to comply with Tex. R. App. Pro., R. 66.3.

SUMMARY OF THE STATE'S ARGUMENTS

As Petitioner's brief only restates the same points of error previously addressed by the intermediate courts of appeal and fails to state adequate reasons for review, the petition should be summarily denied for failure to comply with Tex. R. App. Pro., R. 66.3.

THE STATE'S GROUND ONE

As Petitioner's brief only restates the same points of error previously

addressed by the intermediate courts of appeal and fails to state adequate

reasons for review, the petition should be summarily denied for failure to

comply with Tex. R. App. Pro., R. 66.3.

ARGUMENT AND AUTHORITIES

While reasons for review are listed in Rule 66.3 of the Texas Rules of Appellate Procedure, the list is not exhaustive. Gamez v. State, 737 S.W.2d 315, 317 (Tex. Crim. App. 1987). In DeGrate v. State, petitioner listed twelve grounds for review without any accompanying reasons for review and each of those twelve grounds were simply a restatement of the original issues presented to the intermediate court. Degrate v. State, 712 S.W.2d 755, 756-757 (Tex. Crim. App. 1986). This Court refused to grant review. Furthermore, in King v. State, this Court refused review and in the concurring opinion, Justice Cochran explained,

Discretionary review to this court is not simply another new appeal if a party did not like the result in the first one. We do not "redo" what the courts of appeals have already done. In all cases, there is but one direct appeal, and in all but capital cases in which the defendant is sentenced to death, that direct appeal is to the courts of appeals. There is no second bite at the direct appeal apple.

King v. State, 125 S.W.3d 517, 520 (Tex. Crim. App. 2003) (concurring, J. Cochran).

Petitioner's brief in this case essentially asks this Court to provide Petitioner with another appeal of the same issues. Petitioner's grounds for review are simply restatements of the issues raised to the court of appeals, along with a *5 statement claiming the court of appeals erred. The brief itself is also essentially a restatement of the same principals and application included in Petitioners brief filed with the Sixth District Court of Appeals. See Opening Brief of Defendant-Appellant filed in Case No. 06-14-00050-CR.

As Petitioner is simply asking this court to review, for a second time, the same issues already decided by the Sixth District Court of Appeals, this Court should deny the petition for review

PRAYER FOR RELIEF

WHEREFORE, the State of Texas prays that the deny this petition for review.

Respectfully submitted,

NOBLE DAN WALKER, JR. District Attorney Hunt County, Texas

Is/ Keli M. Aiken KELI M. AIKEN First Assistant District Attorney P.O. Box 441 4th Floor Hunt County Courthouse Greenville, TX 75401 State Bar No. 24043442 (903) 408-4180 FAX (903) 408-4296

CERTIFICATE OF SERVICE

A true copy of the State's brief has been sent by certified mail to CHAD RAY BENNETT #1923337, Telford Unit, 3899 State Hwy 98, New Boston TX 75870

Is/ Keli M. Aiken KELI M. AIKEN First Assistant District Attorney