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Johnnie Leroy Brown II v. State

Citation: Not availableDocket: 14-15-00795-CR

Court: Court of Appeals of Texas; September 21, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case under review, the defendant has initiated an appeal following a conviction and sentencing by the 412th District Court in Brazoria County. The appeal, submitted to the Fourteenth Court of Appeals in Houston, Texas, challenges the judgment rendered on September 8, 2015. Represented by defense attorney Keith G. Allen, the defendant, currently incarcerated, contests the verdict, which involves convictions for Continuous Sexual Abuse of a Child and Aggravated Sexual Assault, carrying sentences of thirty and forty years, respectively. Additionally, the defendant has filed a Motion for New Trial, within the thirty-day statutory period, citing Rule 21 of the Texas Rules of Appellate Procedure. This motion argues that the verdict contradicts both the law and the evidence presented. The procedural aspects of the appeal and motion filings were meticulously adhered to, with both documents hand-delivered to the Brazoria County District Attorney's Office, represented by Jeri Yenne. The case is now positioned for appellate review, focusing on the legal and evidentiary grounds of the initial trial's outcome.

Legal Issues Addressed

Appeal Process and Notice Requirements

Application: The defendant filed a Notice of Appeal against the judgment to the appropriate appellate court, fulfilling procedural requirements.

Reasoning: Johnnie Leroy Brown, II, the defendant in Cause No. 76813-CR, has filed a Notice of Appeal against the judgment and sentence rendered by the 412th District Court of Brazoria County on September 8, 2015.

Motion for New Trial under Texas Rules

Application: The defendant timely filed a Motion for New Trial within the statutory period, arguing the verdict was contrary to law and evidence.

Reasoning: In addition to the appeal notice, Brown has filed a Motion for New Trial within the statutory thirty-day period following sentencing.

Procedural Compliance in Criminal Appeals

Application: The defendant ensured procedural compliance by hand-delivering the Notice of Appeal and Motion for New Trial to the District Attorney's Office.

Reasoning: Both the Notice of Appeal and the Motion for New Trial were hand-delivered to the Brazoria County District Attorney's Office, ensuring that all procedural requirements for filing and service were met.

Sentencing and Conviction for Sexual Offenses

Application: The defendant was convicted of Continuous Sexual Abuse of a Child and Aggravated Sexual Assault, receiving lengthy sentences.

Reasoning: The offenses leading to the conviction included Continuous Sexual Abuse of a Child and Aggravated Sexual Assault, resulting in sentences of thirty and forty years, respectively.