Opinion
CAUSE NO. 39084
08-08-2019
THE STATE OF TEXAS v. JONATHAN ADAM RIVERA
Roy DeFriend District and County Attorney Limestone County, Texas State Bar Number 05636250 200 West State Street, Suite 110 Groesbeck, Texas 76642 Phone: (254) 729-3046 Fax: (254) 729-5699 Email: roy.defriend@co.limestone.tx.us
STATE'S NOTICE OF APPEAL
COMES NOW the State of Texas, by and through her elected District and County Attorney, Roy DeFriend, and files this written Notice of Appeal in the above-entitled and numbered cause. The State hereby gives notice of its intention to appeal the pretrial Order Granting Defendant's Motion to Suppress entered in this Cause on July 22, 2019, pursuant to Texas Code of Criminal Procedure Article 44.01(a)(5) and the Rules of Appellate Procedure, to the Court of Appeals in Waco, McLennan County, Texas, and would show the following:
I.
On July 22, 2019, the trial court had a pretrial hearing on Defendant's Motion to Suppress Physical Evidence and Motion to Suppress Defendant's Statements. In relevant part, the Defendant sought to exclude:
a. Any and all tangible evidence seized by law enforcement officers or others in connection with the detention and arrest of Jonathan Rivera in this case or in connection with the investigation of this case, and any testimony by the Groesbeck Police Department or any other law enforcement officers or others concerning such evidence.Def.'s Mot. to Suppress at 1-2.
b. Any other matters that the Court finds should be suppressed upon hearing of this motion.
II.
As the basis of the exclusion, the Defendant asserted that:
1. Defendant has been charged with the offense of Possession of a Controlled Substance in Penalty Group 3 in an amount of less than 28 grams.Def.'s Mot. to Suppress at 1.
2. The actions of the Groesbeck Police Department violated the constitutional and statutory rights of the Defendant under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Section 9 of the Texas Constitution, and under Article 38.23 of the Texas Code of Criminal Procedure.
3. Any tangible evidence seized in connection with this case was seized without warrant, probable cause or other lawful authority in violation of the rights of Jonathan Rivera pursuant to the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Sections 9, 10 and 19 of the Constitution of the State of Texas.
III.
On July 22, 2019, the trial court entered its Order granting the Defendant's motion to suppress, stating in relevant part: "...came to be considered Jonathan Rivera's Motion to Suppress, and said motion is hereby Granted." The trial court signed a single order for Cause Numbers 39104 and 39084, which are companion cases. The State seeks to appeal this ruling granting a motion to suppress evidence in a case in which jeopardy has not attached.
IV.
The State has filed this written Notice of Appeal in the trial court on August 8, 2019, which is within 20 days of the date on which the trial court entered the Order the State seeks to appeal. Tex. Code Crim. Proc. Ann. art. 44.01(d); Tex. R. App. P. 26.2(b).
The hearing on this matter was recorded and a reporter's record will be requested from the court reporter, Sherry Current. Findings of Fact and Conclusions of Law have been requested of the trial court in accordance with the requirement that the Texas Court of Criminal Appeals established in State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006).
V.
This appeal is taken pursuant to Code of Criminal Procedure, Article 44.01(a)(5), and I, the undersigned prosecuting attorney, hereby certify to the Court that this appeal is not taken for the purpose of delay and that the evidence is of substantial importance in the case.
VI.
The State requests a stay in the proceedings pending the disposition of this appeal.
Respectfully submitted,
/s/_________
Roy DeFriend
District and County Attorney
Limestone County, Texas
State Bar Number 05636250
200 West State Street, Suite 110
Groesbeck, Texas 76642
Phone: (254) 729-3046
Fax: (254) 729-5699
Email: roy.defriend@co.limestone.tx.us
CERTIFICATE OF SERVICE
This is to certify that on the 8th day of August, 2019, a true and correct copy of the foregoing document was served on: Justin Reed, Attorney for Appellee, by this Court's electronic filing system at justin@benjiereedlaw.com
/s/_________
Roy DeFriend
District and County Attorney
Limestone County, Texas
NO. 39084
STATE OF TEXAS
vs.
JONATHAN RIVERA
IN THE COUNTY COURT LIMESTONE COUNTY, TEXAS
MOTION TO SUPPRESS
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Jonathan Rivera, Defendant, and files this Motion to Suppress and shows the following:
1. Defendant has been charged with the offense of Possession of a Controlled Substance PG3.
2. The actions of the Groesbeck Police Department violated the constitutional and statutory rights of the Defendant under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article I, Section 9 of the Texas Constitution, and under Article 38.23 of the Texas Code of Criminal Procedure.
3. Any tangible evidence seized in connection with this case was seized without warrant, probable cause or other lawful authority in violation of the rights of Jonathan Rivera pursuant to the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 9, 10 and 19 of the Constitution of the State of Texas.
4. Therefore, Defendant requests that the following matters be suppressed at trial of this cause:
a. Any and all tangible evidence seized by law enforcement officers or others in connection with the detention and arrest of Jonathan Rivera in this case or in
connection with the investigation of this case, and any testimony by the Groesbeck Police Department or any other law enforcement officers or others concerning such evidence.
b. Any other matters that the Court finds should be suppressed upon hearing of this motion.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court suppress such matters at trial of this cause, and for such other and further relief in connection therewith that is proper.
Respectfully submitted,
REED & REED
P.O. Box 1072
201 North McKinney Street
MEXIA, TX 76667
Tel: (254) 562-5547
Fax: (254) 562-3332
By:/s/_________
JUSTIN REED
State Bar No. 24035826
justin@benjiereedlaw.com
Attorney for Jonathan Rivera
CERTIFICATE OF SERVICE
This is to certify that on July 22, 2019, a true and correct copy of the above and foregoing document was served on the County Attorney's Office, Limestone County, 200 W. State, Groesbeck, Texas, by hand delivery.
/s/_________
JUSTIN REED NO. 39104 39084
STATE OF TEXAS
vs.
JONATHAN RIVERA
IN THE COUNTY COURT LIMESTONE COUNTY, TEXAS
ORDER
On 7/22/19, 2019, came on to be considered Jonathan Rivera's Motion to Suppress, and said motion is hereby
(Granted)(Denied)
/s/_________
JUDGE PRESIDING Date of Judgment or Other Order Appealed From: July 22, 2019 Name of Trial Court Judge: HONORABLE JUDGE RICHARD DUCAN Name of Court Recorder: JANICE LEDET, Deputy Clerk; jan.ledet@co.limestone.tx.us VIA JAVS ELECTRONIC RECORDING DEVICE Name and Address of Defense Attorney on Appeal: Justin Reed
PO Box 1072
Mexia, Texas 76667 Defense Attorney on Appeal: COURT APPOINTED Name and Address of Attorney(s) for the State on Appeal: HON. ROY DEFRIEND
200 WEST STATE STREET, STE. 110
GROESBECK, TEXAS 76642 Defendant Incarcerated? NO Appeal Bond: No Plea: NOT GUILTY Before: COURT Offense: POSS CS PG 3 < 28G Statute For Offense: Article , Section 481.117(b) Punishment Assessed: N/A Kerrie Cobb
County Court Clerk
Limestone County, Texas By: /s/_________
Deputy August 9, 2019 10th Court of Criminal Appeals
VIA- TAMES RSP Re: 39084: State Of Texas vs. Jonathan Adam Rivera To Whom It May Concern: Enclosed is the Notice of Appeal, Motion to Suppress, Order Granting Motion to Suppress and appeal information sheet filed in the above styled and numbered cause. A copy of this letter is being forwarded to the Limestone County District Attorney's Office, should you have any questions, please do not hesitate to contact our office. Thank you and have a nice day. Sincerely, Kerrie Cobb, County Clerk
Limestone County, Texas By:/s/_________
Deputy Clerk CC: Justin Reed
PO Box 1072
Mexia, Texas 76667