Category Archives: 3rd Court of Appeals – CR

The Third Court of Appeals, in Austin, Texas, covers Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson counties.

03-11-00427-CR Ronny Gene Smith v. The State of Texas–Appeal from 426th District Court of Bell County

A jury convicted Ronnie Gene Smith, appellant, of sexual assault and assessed punishment, enhanced pursuant to the habitual offender statute, at sixty years in prison. See Tex. Penal Code Ann. 12.42(d) (West Supp. 2012), 22.011 (West 2011). In two appellate … Continue reading →

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03-10-00706-CR Steven Alcala v. The State of Texas–Appeal from 22nd District Court of Hays County

A jury convicted Steven Alcala on four counts of aggravated sexual assault of a child. The jury assessed punishment at 15 years in prison on two counts, 23 years in prison on the other two counts, and a $10,000 fine … Continue reading →

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03-11-00811-CR Richard Earl Dennis, Jr. v. The State of Texas–Appeal from 119th District Court of Tom Green County

These are appeals pursuant to Anders v. California, 386 U.S. 738 (1967). In trial court cause number A-10-0607-SA (appellate cause number 03-11-00811-CR), the jury found appellant Richard Earl Dennis, Jr., guilty of deadly conduct. See Tex. Penal Code Ann. 22.05 … Continue reading →

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03-11-00801-CR Tommy Joe Adams v. The State of Texas–Appeal from 390th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00801-CR Tommy Joe Adams, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NO. D-1-DC-11-300379, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING M E … Continue reading →

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03-12-00492-CR Chad Wayne Bunting v. The State of Texas–Appeal from 33rd District Court of Burnet County

Appellant Chad Wayne Bunting pleaded guilty to the offense of possession of a controlled substance, methamphetamine, in an amount of four grams or more but less than 200 grams, a second degree felony. See Tex. Health & Safety Code Ann. … Continue reading →

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03-11-00517-CR Crystal Nell Horton v. The State of Texas–Appeal from 35th District Court of Mills County

Appellant Crystal Nell Horton, appearing pro se, pleaded no contest to a charge of arson, a first degree felony. See Tex. Penal Code Ann. 28.02 (West 2011). Horton was granted deferred adjudication, placed on community supervision for ten years, and … Continue reading →

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03-12-00510-CR Angela DeAnn McCombs v. The State of Texas–Appeal from 27th District Court of Bell County

Appellant Angela Deann McCombs waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a baseball bat. See Tex. Penal Code Ann. 22.02 (West 2011). The trial court deferred adjudicating guilt and placed appellant on community supervision … Continue reading →

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03-12-00225-CR Mark Green v. The State of Texas–Appeal from 299th District Court of Travis County

A jury convicted Mark Green of evading arrest with a prior conviction for evading arrest, a state jail felony offense. See Act of June 19, 2009, 81st Leg., R.S., ch. 1400, 4, 2009 Tex. Gen. Laws 4385, 4385-86 (amended 2011) … Continue reading →

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03-11-00272-CR James Kevin Blackerby v. The State of Texas–Appeal from 331st District Court of Travis County

Appellant, James Kevin Blackerby, appeals from a judgment revoking community supervision for the offense of intoxication manslaughter. In three issues, appellant complains that the trial court erred in failing to award him certain jail-time credit and in signing a judgment … Continue reading →

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03-11-00546-CR Arthur Zapata Ortega v. The State of Texas–Appeal from 26th District Court of Williamson County

A jury convicted appellant Arthur Zapata Ortega of felony driving while intoxicated and, in addition, found that he used or exhibited a deadly weapon during the commission of the offense. See Tex. Penal Code Ann. 49.04(a), 49.09(b)(2) (West 2011); Tex. … Continue reading →

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03-11-00319-CR John Charles Ruport v. The State of Texas–Appeal from 26th District Court of Williamson County

A jury found appellant John Charles Ruport guilty of eight counts of aggravated sexual assault of a child and seven counts of indecency with a child by contact. See Tex. Penal Code Ann. 21.11(a)(1), 22.021(a)(1)(B) (West 2011). The jury assessed … Continue reading →

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03-11-00721-CR Austin Joel Trott v. The State of Texas–Appeal from 426th District Court of Bell County – Pub.

Appellant, Austin Joel Trott, pleaded guilty to the charge of theft of a firearm, a state jail felony with a statutory punishment range of six months to two years and a fine of up to $10,000. Tex. Penal Code Ann. … Continue reading →

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03-11-00719-CR Lawrence John Short, II v. The State of Texas–Appeal from 264th District Court of Bell County – Pub.

Appellant, Lawrence John Short II, was indicted in June 2006 for sexual assault, a second-degree felony. See Tex. Penal Code Ann. 22.011(a)(2)(A), (f) (West 2011). A second-degree felony has a statutory punishment range of two to twenty years in prison … Continue reading →

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03-10-00666-CR Priscilla Limon v. The State of Texas–Appeal from County Court of Llano County – Dissent.

I would affirm Limon’s conviction for the offense of cruelty to animals. Because the majority does not, I respectfully dissent. Limon did not object to the erroneous inclusion of “recklessly” in the jury charge. Therefore, we are to reverse Limon’s … Continue reading →

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03-10-00666-CR Priscilla Limon v. The State of Texas–Appeal from County Court of Llano County – Rev. – Dissent.

A jury convicted appellant Priscilla Limon of the misdemeanor offense of cruelty to animals. The trial judge sentenced her to confinement in the county jail and placed her on community supervision. Appellant raises four points of error on appeal. We … Continue reading →

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03-12-00284-CR Salvador Lara Reyes, Jr. v. The State of Texas–Appeal from 119th District Court of Runnels County

After Salvador Lara Reyes, Jr. pled guilty to the first-degree felony offense of aggravated sexual assault of a child, the jury assessed punishment at forty years in prison. See Tex. Penal Code Ann. 22.021(a)(1)(B)(ii) (West Supp. 2012). (1) Reyes’s court-appointed … Continue reading →

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03-10-00780-CR Aubrey Lubojasky v. The State of Texas–Appeal from 403rd District Court of Travis County

Appellant Aubrey Lubojasky was convicted by a jury of one count of continuous sexual abuse of a young child and two counts of indecency with a child by exposure. See Tex. Penal Code Ann. 21.02, 21.11(a)(2) (West 2011). The jury … Continue reading →

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03-11-00181-CR Kenneth Peter Johnson v. The State of Texas–Appeal from 167th District Court of Travis County

Kenneth Peter Johnson challenges an order revoking his probation. Appellant previously pleaded guilty to robbery and was sentenced to six years in prison, but the trial court probated the sentence and imposed a four-year term of community supervision. Before the … Continue reading →

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03-11-00826-CR Van Jackson v. The State of Texas–Appeal from 147th District Court of Travis County

Appellant Van Jackson was convicted by a jury of aggravated robbery and evading arrest. See Tex. Penal Code Ann. 29.03(a)(2), 38.04(a) (West 2011). After finding that Jackson had previously been convicted of two sequential felonies, the jury assessed punishment at … Continue reading →

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03-11-00344-CR Rubin Gutierrez v. The State of Texas–Appeal from 147th District Court of Travis County

A jury found Rubin Gutierrez guilty of the first-degree felony offense of aggravated robbery with use of a deadly weapon and assessed punishment, enhanced by a prior felony conviction, at fifty-five years in prison. See Tex. Penal Code Ann. 12.32 … Continue reading →