CASE No. 065584 INCIDENT No./TRN: 9241937505 TRS: A002 IN THE FILED 397TH IN DISTRICT COURT THE STATE OF TEXAS § 5th COURT OF APPEALS § DALLAS, TEXAS v. § 8/24/2015 2:20:05 PM OF § LISA MATZ KARLSCHOENWALDER § GRAYSON COUNTY, Clerk TEXAS § STATE lD No.: TX 50656467 § JUDGMENT OF CONVICTION BY JURY Date Judge HoN. Brian Gary Judgment August 19, 2015 Presiding: Entered: Attorney for Attorney for T. Scott Smith Donald S. Carter State: Defendant: Offense for which Defendant Convicted: EVADING ARREST DET WNEH Charging Instrument: Statute for Offense: Indictment 38.04(b)(2)(A) Penal Code Date of Offense: February 07. 2015 Degree of Offense: Plea to Offense: 3rd Degree Felony Not Guilty Verdict of Jury: Findings on Deadly Weapon: GUILTY N/A Plea to Plea to 1st Enhancement Enhancement/Habitual Paragraph: Paragraph: Findings on 1st Findings on Enhancement Enhancement/Habitual Paragraph: Paragraph: Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: Court August 19, 2015 August 19, 2015 Punishment and Place of Two Years, Texas Department of Criminal 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: $0 $ $~{oCO... $ 'Q.. DvrCTIM (see below) ' DAGENCY/AGENT (see below) Sex Offender Registration Requirements Do Not Apply to the Defendant. TEX. CODE CRIM.

PROC. chapter 62.

The age of the victim at the time of the offense was N/A.

If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological ~ ;:~:· d-&/5 \)\J From----~---~ t o - - - - - - - - - - Time Credited: From - - - - - - - - - ~ - - - - - - - - - - From to _ _ _ _ _ _ _ _ __ If Defendant is to serve sentence in county jail or i§ given credit toward fine and costs. enter days credited below.

DAYS NOTES: All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.

This cause was called for trial in Grayson County, Texas. The State appeared by her District Attorney.

Counsel/ Waiver of Counsel (select one) ~Defendant appeared in person with Counsel.

0Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open 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 of record.

The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any.

The Court received the verdict and ORDERED it entered upon the minutes of the Court.

Punishment Assessed by Jury I Court I No election (select one) 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 the jury and it retired to consider the question of punishment. 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 of punishment, the Court assessed Defendant's punishment 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 Defendant punished as indicated above. The Court ORDERS Defendant~ pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one) ~Confinement in Texas Department of Criminal Justice. The Court ORDERS the CAUSE NO. 065584 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § GRAYSON COUNTY, TEXAS § KARL SCHONWALDER § 397T" JUDICIAL DISTRICT DEFENDANT'S MOTION FOR NEW TRIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Karl Schonwalder, Defendant, moves the Court for a new trial, and would show the Court as follows: 1. On August 19, 2015, judgment was entered in the above styled and numbered cause. The Defendant would show that the Court erred in failing to instruct the jury, over the 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 a jury properly instructed.

WHEREFORE, PREMISES CONSIDERED, Karl Schonwalder, Defendant, prays that the Court grant him a new trial, and for such other and further relief to which Defendant may be entitled.

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DEFENDANT'S MOTION TO QUASH ... PAGE 1 NO. 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 B Y : I D CAUSE NO. V~s-5&./ THE STATE OF TEXAS • IN THE 397™ JUDICIAL • vs. • DISTRICT COURT OF • KPR\ S&\,oNWf\\def Defendant • GRAYSON COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, Brian K. Gary, Judge of the trial court, certify this criminal case: 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 trial and not withdrawn or waived, and the defendant has the right or appear. [or] ~ ("') l. .cJ:JC: 0 ("') o:::a::::x u ow._ () is a plea-bargain case, but the trial court has given permission to appeal, and the w :a:: a_ :E ....J • 0:::: ~1:Uz: defendant has the right of appeal. [or] </)1-c:> c..:> <!u(f') N () is a plea-bargain case, and the defendant has NO right of appeal. [or} (.!) >-Ci:~ ....J.,_a:::: ::::> ....J(/')(.!) () < w- Lr.) ::x:"Cl >- ~ C'.J

Judge Date Signed I have received a copy of this certificatio . I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a prose petitioner for review pursuant to Rule 69 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy ofthe court of appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the Court of criminal Appeals. Tex R. App. P. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, ifl fail to timely inform my appellate a ey of change in my address, I may lose the opportunity to file a pro se petition for discretionary re ".:!·~~~-/....,....

it:1£fC- --- Mailing Address_ _ _ _ _ _ _ __ Mailing A d d r e s s - - - - - - - - - - - -

Telephone Number ________ Telephone N u m b e r - - - - - - - - - - - *"A defendant is a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's 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, (B) after getting the trial court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2) CAUSE NO. 065584 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § GRAYSON COUNTY, TEXAS § KARL SCHONWALDER § 397T" JUDICIAL DISTRICT DEFENDANT'S MOTION FOR NEW TRIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Karl Schonwalder, Defendant, moves the Court for a new trial, and would show the Court as follows: 1. On August 19, 2015, judgment was entered in the above styled and numbered cause. The Defendant would show that the Court erred in failing to instruct the jury, over the 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 a jury properly instructed.

WHEREFORE, PREMISES CONSIDERED, Karl Schonwalder, Defendant, prays that the Court grant him a new trial, and for such other and further relief to which Defendant may be entitled.

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DEFENDANT'S MOTION TO QUASH ... PAGE 1 State Bar Number 18688900 South Crockett Street P.O. Box 354 Sherman, Texas 75091-0354 e-mail [email protected] 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

DEFENDANTS MOTION TO QUASH ... PAGE 2 CAUSE NO. 065584 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § GRAYSON COUNTY, TEXAS § KARL SCHONWALDER § 397TH JUDICIAL DISTRICT NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: Karl Schoenwalder, defendant, within thirty days of sentencing, files this notice of appeal to the Fifth District Court of Appeals in Dallas of the conviction and sentence in Cause No. 065584.

submitted,

h1JI'rnr.~cott Smith State Bar Number 18688900 South Crockett Street P.O. Box 354 Sherman, Texas 75091-0354 e-mail [email protected] Facsimile (903) 870-1446 Telephone (903) 868-8686 CERTIFICATE OF SERVICE

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NOTICE OF APPEAL ... PAGE I