ACCEPTED 05-15-01487-CR FIFTH COURT OF APPEALS DALLAS, TEXAS 12/7/2015 2:06:09 PM LISA MATZ CLERK 05-15-01487-CR Appellate Docket No.: Appellate Case Style: John Turner Gray v. The State of Texas FILED IN 5th COURT OF APPEALS FIFTH DISTRICT COURT OF APPEALS DALLAS, TEXAS CRIMINAL APPEAL - DOCKETING STATEMENT 12/7/2015 2:06:09 PM LISA MATZ PARTIES (TRAP 32.2(a)): Clerk

Appellant: Appellee: JOHN TURNER GRAY THE STATE OF TEXAS

Attorney (Lead Counsel): Attorney (Lead Counsel): Mark Heidenheimer John Rolater

Appointed [X] Retained [] Address (Lead Counsel): Address (Lead Counsel):

2208 Wisteria Way 2100 Bloomdale Road, Suite 200 McKinney, Texas 75071 McKinney, Texas 75071

Telephone: 972-548-2233 Telephone: 972-548-4323 Email : Email : [email protected] m heidenheimerlaw(@amail.com SBN (Lead Counsel):09378800 SBN (Lead Counsel): 00791565 If not represented by counsel , provide appellant's/appellee's address, telephone number, and fax number.

PERFECTION OF APPEAL (TRAP 32.2(b),(d),(f)-(k)): Date Sentence Imposed or Date Notice of Appeal Filed:

1 1 Suspended in Open Court or 11/18/2015 Appealable Order Signed: If Mailed, Date Mailed: 11/06/2015 Attach File-Stamped Copy of Notice ACTIONS EXTENDING TIME TO PERFECT APPEAL (TRAP 32.2(e)): Mt. for New Trial: Yes [] No [X] Date Filed:

Mt.in Arrest of Judgment: Yes [] Date Filed: No [X]

Other (Specify):

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2 TRIAL AND APPEAL (TRAP 32.2(f)-(k)): Offense Charged: Is the appeal from a pretrial order? Assault Fam/House Mem 2+ w/in 12 months Yes [] No [X]

Date of Offense: 01/24/2015 Does the appeal involve the validity of a statute , rule , or Defendant's Plea: Not Guilty ordinance?

If guilty or nolo contendere , was Yes [] No [X] plea result of negotiated plea bargain agreement? If yes, specify.

Was the trial jury or nonjury?

Guilt/Innocence Phase: Jury Pun ishment Phase: Jury

Punishment Assessed : 5 years Institutional Division, TDCJ.

TRIAL COURT AND RECORD (TRAP 32.2(c), (/), (m)): Court: 366th District Court of Trial Court. Cause No.: Collin County. 366-82883-2015

Trial Judge (Who Tried or Court Clerk (District or County Disposed of Case): Ray Wheless Clerk): Yoon Kim

Telephone No.: 972-548-4570 Telephone No. : 972-548-4320 Fax: Fax: Address: 2100 Bloomdale Road, Address: 2100 Bloomdale Road, #30146, McKinney, Texas 75071 McKinney, Texas 75071

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3 Clerk's Record Fee Paid: Yes [] No [] N/A Court-appointed Arrangements Made to Pay Fee: Yes [] No [] Court Reporter(s) or Court Recorder(s): Antoinette Varela

Telephone Number(s): 972-548-4572

Email: [email protected]

Address(es): 2100 Bloomdale Road, Suite 30146, McKinney, Texas 75071.

Reporter's/Recorder's Record Date Requested: 12/07/2015 (Check If Electronic Recording [ ]) Fee Paid: Yes: [] No: [] N/A Number and Date(s) of Hearing(s): Court-appointed GuilUlnnocence: 11/2-5/2015 Arrangements Made to Pay Fee: Punishment: 11/06/2015 Yes [] No []

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4 INDIGENCY OF PARTY (TRAP 32.1 (k)): Filed Event Check as Appropriate Date Motion and Affidavit Yes [X] No[] Filed Date of Hearing: 11/19/2015 Ruling on Motion : Granted [X] Denied [ ] OTHER INFORMATION (TRAP 32.2(m)): List any other pending related appeals before this or any other Texas appellate court by Court, Docket Number, and Style:

1. 366-80583-2014

2. 366-81875-2014

3. 366-81876-2014

NOTE: If inadequate space has been provided for the information requested , please provide the additional information on an attachment.

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5 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, ALL OF THE ABOVE INFORMATION IS TRUE AND CORRECT.

ls/Mark Heidenheimer Date: December 7, 2015 MARK HEIDENHEIMER State Bar No. 09378800 2208 Wisteria Way McKinney, Texas 75071 214-578-0360 Email : [email protected]

Representing: John Turner Gray

CERTIFICATE OF SERVICE

hereby certify that a true and correct copy of the foregoing Docketing

Statement was sent this 7th day of December 2015, to John Relater,

Assistant Collin County District Attorney, through e-filing to his email

address of [email protected].

ls/Mark Heidenheimer MARK HEIDENHEIMER Attorney of Record for John Turner Gray

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6 No. 366-82883-2015

THE STATE OF TEXAS IN THE 366TH DISTRICT

V. COURT OF

JOHN TURNER GRAY COLLIN COUNTY, TEXAS .

NOTICE OF APPEAL

COMES NOW JOHN TURNER GRAY, DEFENDANT, respectfully giving

Notice of Appeal that he desires to appeal from the final judgment of S£Nl'flK.~ conviction in the above styled and numbered cause that was si~l"le~ by the

court on the l day of November 2015 . John Turner Gray appeals to the

5th Court of Appeals.

FIL D 15 1nv18 PH 4= 32 ANDREA STROH THOMPSON DISTRICT CLERK co UH'" TEXAS I

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