ACCEPTED 06-15-00194-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS Appellate Docket Number: 06-15-00194-CR 11/17/2015 11:26:30 AM DEBBIE AUTREY CLERK Appellate Case Style: Style: Natalie Ausbie Reynolds Vs. State of Texas

FILED IN Companion Case: 6th COURT OF APPEALS TEXARKANA, TEXAS 11/17/2015 11:26:30 AM DEBBIE AUTREY Amended/corrected statement: Clerk

DOCKETING STATEMENT (Criminal) Appellate Court: 6th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s) First Name: Natalie Lead Attorney Middle Name: Ausbie First Name: Michael Last Name: Reynolds Middle Name: Suffix: Last Name: Mowla Appellant Incarcerated? Yes No Suffix: Amount of Bond: $10,000.00 Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Michael Mowla, PLLC Address 1: P.O. Box 868 Address 2: City: Cedar Hill State: Texas Zip+4: 75106 Telephone: 972-795-2401 ext. Fax: 972-692-6636 Email: [email protected] SBN: 24048680

Add Another Appellant/ Attorney

Page 1 of 5 III. Appellee IV. Appellee Attorney(s) First Name: State of Texas Lead Attorney Middle Name: First Name: Nobie Last Name: Middle Name: Suffix: Last Name: Walker Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Hunt County District Attorney Address 1: 2507 Lee Street Address 2: City: Greenville State: Texas Zip+4: 75401 Telephone: 903-408-4180 ext. Fax: 903-408-4296 Email: [email protected] Add Another Appellee/ SBN: 20717620 Attorney

V. Perfection Of Appeal, Judgment And Sentencing

Nature of Case (Subject matter Was the trial by: jury or non-jury? Public Administration or type of case): Date notice of appeal filed in trial court: 10/26/2015 Type of Judgment: Bench Trial If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: 10/20/2015 Offense charged: Official Oppression Punishment assessed: One year jail, probated for two years

Date of offense: 06/14/2012 Is the appeal from a pre-trial order? Yes No Defendant's plea: Not Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If guilty, does defendant have the trial court's certificate to appeal? Yes No Yes No

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: Yes No If yes, date filed: Motion in Arrest of Judgment: Yes No If yes, date filed: Other: Yes No If yes, date filed: If other, please specify:

VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)

Motion and affidavit filed: Yes No NA If yes, date filed: Date of hearing: NA Date of order: NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling:

Page 2 of 5 VIII. Trial Court And Record

Court: 354th District Court Clerk's Record: County: Hunt County Trial Court Clerk: District County Trial Court Docket Number (Cause no): 29263 Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: 10/26/2015 If no, date it will be requested: First Name: Richard Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Beacom Suffix: Address 1: 2500 Lee Street Address 2: City: Greenville State: Texas Zip + 4: 75401 Telephone: (903) 408-4194 ext. Fax: (903) 408-4218 Email:

Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: 10/26/2015 Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Official Substitute

First Name: Judith Middle Name: Last Name: Snyder Suffix: Address 1: P.O. Box 1586 Address 2: City: Greenville State: Texas Zip + 4: 75403 Telephone: 903-268-7001 ext. Fax: Email:

Page 3 of 5 1X. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Court:

Style:

Vs. State of Texas

X. Signature

Signature of counsel (or Pro Se Party) Date: 11/17/2015

State Bar No: 24048680 Printed Name:

Electronic Signature: /s/ Michael Mowla Name: Michael Mowla (Optional)

XI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on 11/17/2015 .

Signature of counsel (or pro se party) Electronic Signature: /s/ Michael Mowla (Optional)

State Bar No.: 24048680 Person Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Page 4 of 5 Please enter the following for each person served:

Date Served: 11/17/2015 Manner Served: Email First Name: Nobie Middle Name: Last Name: Walker Suffix: Law Firm Name: Hunt County District Attorney Address 1: 2507 Lee Street Address 2: City: Greenville State Texas Zip+4: 75640

Telephone: 903-408-4180 ext. Fax: 903-408-4296 Email: [email protected]

Page 5 of 5 STATE OF TEXAS

vs.

NATALIE AUSBIE REYNOLDS

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF THE COURT:

Defendant Natalie Ausbie Reynolds gives this written notice of appeal to the Court of

Appeals of the State of Texas from the judgment of conviction and sentence rendered against

Defendant

Respectfully submitted,

Michael Mowla P.O. Box 868 Cedar Hill, Texas 75106 Phone:972-795-2401 Fax:972-692-6636 [email protected] Texas Bar No. 24048680 Attorney for Defendant

(\owl Is/ Michael Mowla Michael Mowla

1 Certificate of Service

I certify that on October 23, 2015, a true and correct copy of this document was served on Hunt County District Attorney Nobie Walker, 2507 Lee Street, Greenville, TX 75401, phone 903-408-4180, fax 903-408-4296, [email protected], by email.

!loJ-e.. Is/ Michael Mowla Michael MowJa

2 NO. 29263

STATE OF TEXAS § IN THE 354th JUDICIAL OCT 2 G § 2015 vs. § DISTRICTCO~!e C";ft,~ ifM \ § RK, Dlsrmcr c "-\..J OURtHu NATALIE AUSBIE REYNOLDS § HUNT COUNTY, TEXAS ' NT co., rx

REQUEST FOR PREPARATION OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED

TO THE CLERK AND COURT REPORTER OF SAID COURT:

Defendant requests the court reporter or reporters who made the record in this cause to

prepare a reporter's record, and that the testimony included in the reporter's record be in question

and answer form. The dates of the hearings and trials in this case include the trial held on

October 20, 2015.

Defendant designates that the following matters be included in the reporter's record:

1. Testimony of all witnesses, heard in and outside the jury's presence, including

questions and objections of counsel and the ruling and remarks of the Court made on such

testimony;

2. Arguments and opening and closing statements of counsel, including objections of

counsel and the ruling and remarks of the Court made on such arguments and objections;

3. All matters heard including pretrial, trial and posttrial hearings, charge

conferences and bench conferences, objections, rulings, and remarks of the Court made on such

matters;

4. All bills of exception and testimony thereon, including objections of counsel, and

the ruling and remarks of the Court made on such bills of exception and objections;

1 5. Testimony taken during sentencing proceedings, including arguments and

objections of counsel, and the ruling and remarks of the Court made on such testimony and

arguments;

6. Testimony taken during motion for new trial proceedings, including arguments

and objections of counsel, and the ruling and remarks of the Court made on such testimony and

arguments; and

7. All exhibits offered or introduced into evidence.

8. All exhibits offered or introduced for record purposes only.

Defendant prays that this Court grant this request, and order preparation of the reporter's

record in this case.

Respectfully submitted,

Michael Mowla P.O. Box 868 Cedar Hill, Texas 75106 Phone:972-795-2401 Fax: 972-692-6636 [email protected] Texas Bar No. 24048680 Attorney for Defendant

Ao}l /s/ Michael Mowla Michael Mowla

2 Certificate of Service

I certify that on October 23, 2015, a true and correct copy of this document was served on Hunt County District Attorney Nobie Walker, 2507 Lee Street, Greenville, TX 75401, phone 903-408-4180, fax 903-408-4296, [email protected], by email.

~M0: Michael Mowla

3 A7 •'

NO. 29263

STATE OF TEXAS § § vs. § § NATALIE AUSBIE REYNOLDS § .HUNT COUNTY, TEXAS

WRITTEN DESIGNATION SPECIFYING MATTERS FOR INCLUSION IN CLERK'S RECORD

TO THE CLERK OF SAID COURT:

Under Texas Rules of Appellate Procedure 34.5(a)(12) and 34.5(b), Defendant designates

the following matters to be included in the Clerk's Record:

1. Complaint;

2. Capias;

3. Affidavit of indigency;

4. Correspondence and communication between Court and counsel;

5. Indictment or Information;

6. All motions and pleadings filed by the state or the defendant and not otherwise

required to be included under Texas Rules of Appellate Procedure 34.5(a);

7. All orders issued by Court and not otherwise required to be included under Texas

Rules of Appellate Procedure 34.5(a);

8. Judgment of Conviction, Order Granting Probation, or Order Granting Deferred

Adjudication;

9. Sentence;

10. Commitment;

1 11. Motion for New Trial;

12. Motion in Arrest of Judgment;

13. Communications between Court and jury;

14. Any orders pertaining to Continuing Jurisdiction Community Supervision (shock

probation);

15. Rulings of the Court on all written bills of exception;

16. All exhibits admitted into evidence;

17. All defense exhibits offered into evidence but not received in evidence;

18. All other documents filed with the clerk;

19. Trial court's certification of the right to an appeal;

20. Designation of the clerk's record;

21. Request for preparation of the reporter's record; and

22. Those items identified in Texas Rules of Appellate Procedure Ru1es 34.5(a)(l)

through (11), all other matters required by the Texas Code of Criminal Procedure, or any other

law.

Respectfully submitted,

Michael Mowla P.O. Box 868 Cedar Hill, Texas 75106 Phone: 972-795-2401 Fax: 972-692-6636 [email protected] Texas Bar No. 24048680

~f~r /s/ Michael Mowla Michael Mowla 2 Certificate of Service

I certify that on October 23,2015, a true and correct copy of this document was served on Hunt County District Attorney Nobie Walker, 2507 Lee Street, Greenville, TX 75401, phone 903-408-4180, fax 903-408-4296, [email protected], by email.

[\.oh Is/ Michael Mowla Michael Mowla

3 j::,ig e~,,.,,Ef D THE STATE OF TEXAS CASE No. 29263 . COUNT I Ai INCIDENT No./TRN: 9128346548 A002 § ------= -Ai IN THE DisT./J£t <1cfJ.111fj~TE. EDBY:sH § ("",,(;(

V. ~ OFHUc~~~~~ ) NATALIEAUSBIEREYNOLDS § ·Ht.'Nr'o.:::.T;r § STATE ID No.: TX 50364544 § 354™ JUDICIAL DISTRICT

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

---·· ·-·····--·--· .... _Jl!qgg .P.r.~lli!Ji_rrg: __ ----~~~~-~!-~~~~-~~: . ~~1:\C?~~---- ··--~~~::r~~~~~~~-~---·-- .1.0-20,,2015 ... -·-·· ... Attorney for State: NOBLE D. WALKER, JR. Attorney for Asst. District Atty: STEVEN LILLEY . Defendant: GEORGE MILNER Offense for which Defendant Convicted: OFFICIAL OPPRESSION Charging Instrument: Statute for Offense: INDICTMENT 39.03(d) PC Date of Offense: . Plea to Offense: Findings on Deadly Weapon: . 06-l•f2012 . NOT.GUILTY NIA Degree of Offense: . Punishment enhanced to: , . CLASS A MISDEMEANOR . Not enhanced •. _ T-erms of Plea Barj?;ain:-

Plea tC! 1" ;Enhancemen_t _ .. ,:Plea to 2_nd Enh_a;ncem~9~tlH;a_bit~ial . . P:~:r.ag~~-ph: . · ... ·-NIA.· · -- J?aragraph: .· . . .... .. -..:NIA. Findings on l" Enhancement Findings: on 2nd Panig:i:iiph: . . .. NIA E;µhance.Il!ent/Babi.tJJal Paragraph: : _ .NIA Plea to · Additional Enhancement Paragraphs: NIA Findings . on Additional Enhancement Paragraphs: NIA Date Sentence Date Sentence to Imposed: I0- 20 - 2015 Commence: 10-20-2015 Punishment and Place of 1 YEARS and Confinement: /()h

~ SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR 2 YEARS. Attorney Court Costs: Lab Fees: Restitution: OTHER FEES: $2,000.00 ~ee{?r $285.00 $.00 $.00 $ 50.00 CRIMESTOPPERS Restitution Payable to: Name:

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 NIA -A Victim Impact Statement was filed with the District Clerk in this case. Jail time as a condition of robation: 30DAYS with credit for -0- DAYS All pertinent information, names and assessments indicated above are incorporated into the language oftbe judgment below by reference.

29263 1 This cause was called for trial in Hunt County, Texas. The State appeared by her District Attorney. Defendant appeared in person with Counsel.

Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and entered it ofrecord. Having heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.

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 to pay all .fine_s,...court.cg.s_ts,andrestitJJti..Qil.as.indicat!Oldabove,.. . ____ .. _ ................- ...... _ ................ ..

Punishment Options (select one) D Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court.ORDERS that upon release from confinement, Defendant proceed immediately to the Hunt County District Clerk. Once there, the Court ORDERS Defendant. to·pay; or make arrangements to pay, any remaining unpaid fines, court costs, .and .restitution as ordered bythe·Court above. . 18'.1 .County Ja:if.:-Confineme:Q.t-/ Cc,)nfinement in Lieu 'of Payine~t. The Court ORDERS Defendant ... ~~/~D;J.!lleQi;;J.t~l_Y co~iµ~tte.<!._tp the custe>_dy of the ~her.i;ff of Hunt .Cou11t:Y., Texas on t!;ie -~.§lte:t.he se.nt.~nce is to .,. .. :. commence: Defendant shall.be ~onfined"in.the ;flurif.County Jail f<>r:the period indicated above.: .. The·-Court ORDERS that upon release from confinement, Defendant shall proceed·imme«iiately to the Hunt County · _Distrkt ClerJi, On.ce t}leret, the Court ORDERS Defendant to pay, or make arl'.angements to pay, any remainip.g . .. - unpiila .~n~·s, 'courb':i:is'ts, and ·restitution'.as ordered by the Court above. · .- -- -'. . - . - .' . -.. ,.• · ·· .. -.. 0. ·F'hie"ofihi·p~~rlieiii: Tile pun:lsli'merit a~sessea against Defe:b.dailt js·for' a FiNE -O'NLY.. - The·c~'iltt OR:bERS' Defendant io·proc·eed ifumedi.ately to the Office of the Hunt County District Clerk. Once there, the· Court, - .· _ ··:-ORm;-its· I?._efen:d'ant'ta·i:i'ay-~cir'make· arrangements to pa:}>' aU:fines ·arid court costs-as ordered-by the·C\)urt iri-tiiis. · cause. · Execu'tion /.Suspension of Sentence· (select one) D The Court ORDERS Defendant's sentence EXECUTED. 18'.1 The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The Order Setting Forth the Terms and Conditions of Community Supervision is incorporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply:

FOR A DEADLY WEAPON FINDING: 0The Court FINDS Defendant used or exhibited a deadly weapon, namely, , during the commission of a felony offense or during immediate flight therefrom or was a party to the offense and knew that a deadly weapon would be used or exhibited. TEX. CODE CRIM. PROC. art. 42.12 §3g.

FOR DWI IGNITION INTERLOCK:

D The Court ORDERS that the defendant shall install, on each motor vehicle owned or operated by defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator. This order shall be in effect from the date of this judgment until the date of the first anniversary after the ending of the period of drivers license suspension imposed under Section 521.344, Transportation Code. Defendant shall obtain the device(s) at the defendant's own cost on or before that ending date. Defendant shall provide evidence to the Court on or before that ending

29263 2 date that the device has been installed on each appropriate vehicle, and the devices shall remain on each appropriate vehicle until the first anniversary after the ending of the period of such driver's license suspension. Defendant shall not operate any motor vehicle that is not equipped with that device.

FOR FAMILY VIOLENCE FINDING: 0The Court FINDS that Defendant was prosecuted for an offense under Title 5 of the Penal Code that involved family violence. TEX. CODE CRIM. PROC. art. 42.013.

FOR SEX OFFENDERS: Special Drivers License for Sex Offender: 0The Court ORDERS Defendant to apply for an original or renewed Texas Driver's License or personal identification certificate not later than 30 days after release from confinement or upon receipt of written notice from the Texas Department of Public Safety (DPS). The Court further ORDERS Defendant to annually renew the license or certificate. The DPS shall place an indication on the Defendant's driver's license or personal · identifrcatioff certificate tha tthe Defendant·is· subject ·to·the· sex-offender registration requirements;: The OeJurt· -.·.- ·. '· =~·-.-::: :-: ·::--,.-· ORDERS the clerk of the Court to send a copy of this order to the DPS and to Defendant. TEX. CODE CRIM. PROC. art. 42.016.

FOR CUMULATION/STACKING ORDER: 0The Court ORDERS that the sentence in this conviction shall run consecutively and shall begin only when the judgment and sentence in the following case has ceased to operate: . TEX. CODE CRIM. PROC. art. 42.01 § 1(19).

TO§ 12.45 UNADJUDICATED. OFFENSES: 0The Ccnirt FINDS that, with the consent ofthe State's att<;>rney, Defendant admitted guilt as· to the following m:iadjudicated offense(s); and t:h;e;Court-agreedto:ta:ke·the·unadj:udicated offense(s) into acco.unt in: determining .. ·.the sentence for the off~nse.ofwhid~ Defendant'was adjudged guilty. Accordingly, the Court.FINDS prosecuticm ... is barred for the following unadjudicated offense(s): . TEX. PENAL CODE§ 12.45;

TCfSUSPENDPRIVE.R'S.IXCENSE: .•... ~. D The defendant's license, permit, and operating privilege is hereby suspended for a period of 1so aay8.---, ·. . · · ······ · ·· " ·

(g]AN ADDITIONAL ORDER SETTING TERMS AND CONDITIONS OF COMMUNITY SUPERVISION IS PREPARED ON A SEPARATE DOCUMENT ATTACHED TO THIS JUDGMENT AND INCORPORATED FOR ALL PURPOSES.

(g] THE DEFENDANT"S PHOTOGRAPH, IF ATTACHED TO THIS JUDGMENT, IS INCORPORATED FOR ALL PURPOSES.

0ADDITIONAL SPECIAL ORDERS ARE PREPARED ON A SEPARATE DOCUMENT ATTACHED TO THIS JUDGMENT AND INCORPORATED FOR ALL PURPOSES. ORIGINAL SIGNED BY Signed and entered on 10-20-2015 RICHARD A. BEACOM JR. ' JUDGE

HONORABLE RICHARD A. BEACOM, JR. 354 TH JDDICIAL DISTRICT COURT

29263 This is to certify that I, the defendant, herein above, received a written copy of the Judgment in this case as well as the Order Setting Terms and Conditions of Community Supervision and any Special Orders of the Court, if signed in this case. The terms and conditions of community supervision were fully explained to me and I understand that any violation of these conditions of community supervision render me subject to revocation of this probated sentence and my commitment to the Texas Department of Criminal Justice - Institutional Division. I promise to obey each and every term and condition of community supervision, and I agree, that should I not obey each and every term and condition of community supervision, it would not only be proper for the Court to revoke my community supervision and commit me to the penitentiary, BUT that the Court should do so.

I received these documents on 10-20-2015.

DEFENDANT

COJ\illY.IUNITY SuPERvISION OFFICER -:.'"~"?-···

29263 4 NO. 29263 ocr ~Y~ STATE OF TEXAS § IN THE 354th JUDICIAl-- l 6 2Dts ~ § Ct.~~k. '- ..f.;;~ ~ vs. § DISTRICT COURT ·Disrltictcou~~/~ § r. HuNr NATALIE AUSBIE REYNOLDS § HUNT COUNTY, TEXAS co., tx

ORDER GRANTING MOTION TO STAY COMMENCEMENT OF TERMS OF COMMUNITY SUPERVISION PENDING ISSUANCE OF APPELLATE MANDATE

On this date, the trial court considered Defendant's Motion to Stay Commencement of

Terms of Community Supervision Pending Issuance of Appellate Mandate. IT IS ORDERED

that said motion is hereby GRANTED.

IT IS FURTHER ORDERED that all terms of community supervision imposed upon

Defendant are STAYED until Defendant's conviction is affirmed by the appellate courts of the

State of Texas and the mandate issues by the Court of Appeals.

Date

Judge Presiding

1