# Peyton, Ex Parte Jeffrey > Texas Supreme Court · June 21, 2016 URL: https://www.frixlaw.com/law-library/cases/3216099 ## Case - **Court:** Texas Supreme Court - **Decided:** June 21, 2016 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3216099 ## How later opinions describe it (automated extraction) - stating, “Appellant’s indigency is a circumstance to be considered, but it is not a controlling circumstance nor the sole criterion in determining the amount of bail.” - finding that the appellant insufficiently briefed the issue of equal protection due to lack of authority and no allegations tracking the requirements required to receive equal protection - stating, “Appellant’s indigency is a circumstance to be considered, but it is not a controlling circumstance nor the sole criterion in determining the amount of bail.” ## Opinion text ELECTRONIC RECORD COA # 02-16-00029-CR OFFENSE: 10.02 STYLE: Ex parte Jeffrey Peyton v. COUNTY: Wichita COA DISPOSITION: REVREM TRIAL COURT: 30th District Court DATE: 05/05/16 Publish: NO TC CASE #: 56208-A IN THE COURT OF CRIMINAL APPEALS STYLE: Ex parte Jeffrey Peyton v. CCA #: __________________________ Petition CCA Disposition: ___________________ FOR DISCRETIONARY REVIEW IN CCA IS: DATE: ____________________________ ______________________________________ JUDGE: ___________________________ DATE: _________________________________ SIGNED: ___________ PC: ________ JUDGE: ________________________________ PUBLISH: __________ DNP: _______ --------------------------- ______________________________ MOTION FOR REHEARING IN CCA IS: ______________________ JUDGE: __________________________________ ELECTRONIC RECORD 2nd Court of Appeals Docket Sheet Case Number: 02-16-00029-CR Date Filed: 01/28/2016 1:57PM Style: Criminal - Appellant Ex parte Jeffrey Peyton Criminal - State of Texas Case Priority: Priority Original Proceeding: No Case Description: Habeas Corpus - Bail Trial Court Information County Court Name Case # Judge Court Reporter Wichita 30th District Court 56208-A Hon. Robert P. 30th District Court, Court Brotherton Reporter, Events and Opinions Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 06/08/2016 FILING CASE FORWARDED 06/08/2016 FILING MT STAY STA GRANT 02 MAND DISP 05/20/2016 FILING MT STAY STA 02 3:42PM MAND FLD 05/05/2016 FILING MEM OPINION REVREM ISSD Opinion Type Author Original Justice Sue Memorandum Walker 05/03/2016 FILING SUBMITTED Brief 04/12/2016 FILING EBRIEF FLD STA 3:24PM NO 04/12/2016 FILING SUBMISSION/ Brief BRIEFS 04/12/2016 FILING AT ISSUE 03/23/2016 FILING EBRIEF FLD APP 4:34PM NO 03/10/2016 FILING MT EXT BRIEF APP GRANT 01 DISP 03/09/2016 FILING MT EXT BRIEF APP 01 4:31PM FLD 02/17/2016 FILING ECLK DT CLK 1:28PM RECORD FLD 02/08/2016 FILING RPT RECORD RPT 3:45PM FLD 01/28/2016 FILING NOA FLD/COA APP 4:20PM Report Prepared By: KBrown, on 6/8/2016 2:32:55 PM 1 of 1 COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00029-CR Ex parte Jeffrey Peyton § From 30th District Court § of Wichita County (56208-A) § May 5, 2016 § Opinion by Justice Walker § (nfp) JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. It is ordered that the judgment of the trial court is reversed, and this case is remanded to the trial court to set a reasonable bail; to determine what additional conditions, if any, should be imposed; and to allow the State and Peyton to present any additional evidence or argument that the trial court deems relevant to each of the factors discussed in the opinion. SECOND DISTRICT COURT OF APPEALS By _/s/ Sue Walker____________________ Justice Sue Walker COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00029-CR EX PARTE JEFFREY PEYTON ---------- FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY TRIAL COURT NO. 56208-A ---------- MEMORANDUM OPINION1 ---------- I. INTRODUCTION Applicant Jeffrey Peyton appeals from the trial court’s denial of his pretrial application for writ of habeas corpus seeking a bail reduction. 2 Because we 1 See Tex. R. App. P. 47.4. 2 Because this is an appeal from the denial of an application for habeas corpus relief and not an appeal from an order setting bail or from the denial of a pretrial motion for bail reduction, we have jurisdiction over this appeal. See Ragston v. State, 424 S.W.3d 49, 50 (Tex. Crim. App. 2014); Ex parte Briscoe, No. 02-15-00223-CR, 2015 WL 5893470, at *4 (Tex. App.—Fort Worth Oct. 8, 2015, no pet.) (mem. op., not designated for publication); Vasquez v. State, Nos. conclude that the trial court abused its discretion by failing to reduce the bail amount based on the proffered evidence, we reverse the trial court’s order and remand to that court to set a reasonable bail. II. FACTUAL AND PROCEDURAL BACKGROUND On July 2, 2015, a magistrate determined that there was probable cause to issue an arrest warrant for Peyton based on an affidavit sworn to by John E. Laughlin, a peace officer of the City of Wichita Falls Police Department. See Tex. Code Crim. Proc. Ann. art. 15.03(a) (West 2015). In the affidavit, Officer Laughlin stated that he had probable cause to believe that on June 30, 2015, Peyton committed the offense of “Criminal Solicitation – Capital Murder.” See Tex. Penal Code Ann. § 15.03 (West 2011). Officer Laughlin further attested to the following sequence of events:  On June 26, 2015, a cooperating witness contacted the Wichita Falls Police Department about a possible murder for hire. Officer Laughlin met with the cooperating witness who explained that Peyton and his wife had asked him to find a person willing to “take out” their daughter’s boyfriend, Vincent Cole, for $300. The cooperating witness provided Officer Laughlin with recordings he had made of his conversations with Peyton and his wife. Officer Laughlin contacted Officer Karen Wade from the Organized Crime Unit to assist with the investigation.  On June 29, 2015, the cooperating witness introduced Officer Wade to Peyton and his wife. Officer Wade recorded her conversation with Peyton and his wife, who stated that they were willing to pay to have their daughter’s boyfriend gone “permanently.” They arranged to meet with Officer Wade again the following day. 03-13-00717-CR, 03-13-00718-CR, 2014 WL 3732962, at *1 n.2 (Tex. App.— Austin July 25, 2014, no pet.) (mem. op., not designated for publication) (collecting cases). 2  Around 11:00 a.m. on June 30, 2015, the cooperating witness took Peyton’s wife to a bank at her request and direction and recorded the conversation that took place. Peyton’s wife intimated that she was getting money from the bank to complete a transaction with Officer Wade. While talking about Cole, Peyton’s wife stated, “I want him gone. Not out of town gone. I want him dead gone.” Peyton’s wife further stated that she and Peyton planned to take their daughter to a movie so that she would not be around “the day this happens.”  Around 12:30 p.m. on June 30, 2015, Officer Wade contacted Peyton by phone and explained that it would cost more than $300 to have someone kill Cole. Peyton then offered to pay $500 to have Cole killed.  Around 1:45 p.m. on June 30, 2015, Officer Wade met Peyton in a parking lot. During the recorded meeting, Peyton gave Officer Wade three $100 bills and promised to pay an additional $200 after Cole was killed. Peyton also provided Officer Wade with a photograph of Cole. Officer Wade offered Peyton an opportunity to back out of the transaction, but Peyton refused and indicated that he and his wife wanted to go through with the plan.  On July 2, 2015, Officer Laughlin contacted Cole and explained the preceding events. Cole agreed to cooperate with the investigation, and a photograph was created that made it look like he had been shot to death.  Later on July 2, 2015, Officer Wade contacted Peyton by phone and arranged to meet him. When they met a short time later, Officer Wade showed Peyton the staged photograph of Cole. Peyton then gave Officer Wade $200. After Peyton’s arrest, bail was set at $1,000,000.3 Peyton filed an application for writ of habeas corpus and argued that his bail was unlawfully excessive. Peyton requested that the trial court “grant him a personal recognizance bond or, in the alternative, set bail in a reasonable amount.” 3 As part of the conditions of bail, the magistrate ordered that Peyton “not make contact with the alleged victim, or any member of his family, nor cause any other person to make said contact.” 3 At the hearing on Peyton’s application for writ of habeas corpus, Peyton testified that he is fifty-eight years old and has lived in Wichita Falls for the majority of his life, including the past twenty-five years. Peyton does not have family members who are still alive, other than his wife. Peyton served in the United States Navy from 1974 to 1978 and received an honorable discharge. He testified that he had never been convicted of a felony but admitted that he had been arrested several times for public intoxication and one time on a warrant for an unpaid ticket for no automobile insurance. Peyton testified that he is unable to make bail while it is set at $1,000,000. He explained that he is unable to work due to a disability and that he receives veterans’ benefits and Social Security disability benefits totaling approximately $1,240 each month. At the time he requested court-appointed counsel, he had approximately $1,500 in the bank, owned a nonoperational vehicle worth approximately $500, and owned furniture or jewelry worth approximately $500. He does not own a house. Peyton testified that he has the ability to make bail if it is set at $10,000 because he can sell his firearms. Peyton said that if he were released, he would live with a friend at the French Quarter Apartments and that he could obtain rides from friends to appear for any court dates. Peyton testified that he is willing to comply with conditions of bail such as curfew, home confinement, electronic monitoring, and drug testing and that he is willing to seek court approval before leaving the state for any trips to the VA hospital in 4 Oklahoma City. Peyton said that he has every intention of fighting the charges alleged. In opposing any reduction in the bail amount, the State admitted into evidence Officer Laughlin’s probable-cause affidavit, the relevant portions of which are set forth above, and asked the trial court to take judicial notice of the indictment. The State then rested. The trial court denied Peyton’s application and continued bail in the amount of $1,000,000.4 Peyton then filed this appeal, and we requested briefing. See Tex. R. App. P. 31.1. III. STANDARD OF REVIEW AND LAW ON BAIL We review a trial court’s ruling on the setting of bail for an abuse of discretion. See Tex. Code Crim. Proc. Ann. art. 17.15 (West 2015); Ex parte Rubac, 611 S.W.2d 848, 850 (Tex. Crim. App. [Panel Op.] 1981). To determine whether a trial court abused its discretion, we must decide whether the trial court acted without reference to any guiding rules or principles; in other words, we must decide whether the trial court’s action was arbitrary or unreasonable. Montgomery v. State, 810 S.W.2d 372, 380 (Tex. Crim. App. 1990). Merely because a trial court may decide a matter within its discretion in a different 4 After the trial court announced its decision on the record, Peyton argued that his situation raised the same constitutional concerns addressed in Judge Cochran’s concurring opinion to the refusal of the petition for discretionary review in Ex parte Benefield. 403 S.W.3d 240 (Tex. Crim. App. 2013) (Cochran, J., concurring). The trial court stated that it was familiar with that case but did not change its ruling. 5 manner than an appellate court would in a similar circumstance does not demonstrate that an abuse of discretion has occurred. Id. The primary purpose of an appearance bond is to secure the presence of the defendant at trial on the offense charged. Ex parte Vasquez, 558 S.W.2d 477, 479 (Tex. Crim. App. 1977). Federal and state law both prohibit the imposition of excessive bail, which is bail that is “set in an amount greater than is reasonably necessary to satisfy the government’s legitimate interests.” Ex parte Beard, 92 S.W.3d 566, 573 (Tex. App.—Austin 2002, pet. ref’d); see U.S. Const. amend. VIII; Tex. Const. art. I, § 13. The defendant bears the burden of proving that bail, as set, is excessive. Rubac, 611 S.W.2d at 849. Bail may be deemed oppressive when the trial court sets it at an amount “for the express purpose of forcing [a defendant] to remain incarcerated.” Ex parte Harris, 733 S.W.2d 712, 714 (Tex. App.—Austin 1987, no pet.). Statutory and common-law factors guide a trial court’s determination of appropriate bail. The code of criminal procedure provides, The amount of bail to be required in any case is to be regulated by the court, judge, magistrate[,] or officer taking the bail; they are to be governed in the exercise of this discretion by the Constitution and by the following rules: 1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with. 2. The power to require bail is not to be so used as to make it an instrument of oppression. 3. The nature of the offense and the circumstances under which it was committed are to be considered. 6 4. The ability to make bail is to be regarded, and proof may be taken upon this point. 5. The future safety of a victim of the alleged offense and the community shall be considered. Tex. Code Crim. Proc. Ann. art. 17.15. In addition to these statutory factors, the court of criminal appeals has instructed courts to also consider the accused’s work record, the accused’s family ties, the accused’s length of residency, the accused’s prior criminal record, the accused’s conformity with the conditions of any previous bond, the existence of any outstanding bonds, and aggravating circumstances alleged to have been involved in the charged offense. Rubac, 611 S.W.2d at 849–50. IV. TRIAL COURT ABUSED ITS DISCRETION BY REFUSING TO REDUCE BAIL We recognize that any review of a bail determination is, by nature, imprecise, but we are guided by article 17.15. See Ex parte Pemberton, 577 S.W.2d 266, 267 (Tex. Crim. App. [Panel Op.] 1979). A. Statutory Factors 1. Assure Appearance Without Oppression (First, Second, and Fourth Factors) The primary purpose in setting a bail amount and the first listed factor in article 17.15 is the reasonable assurance that the applicant will appear for court. See Tex. Code Crim. Proc. Ann. art. 17.15(1); Vasquez, 558 S.W.2d at 479. Peyton testified that he has lived in Wichita Falls for the majority of his life, 7 including the past twenty-five years. Peyton said that if he were released, he would live with a friend at an apartment complex in Wichita Falls and would be able to obtain transportation to any court appearances. Peyton testified that he would comply with any conditions of bail that might be imposed and that he would seek court approval before leaving the state for any trips to the VA hospital in Oklahoma City. The State presented no evidence that Peyton is a flight risk or that he has outstanding bonds or warrants. Based on these facts, the trial court had reasonable assurance that Peyton would appear for court; thus, this factor indicates that a reduction in bail is appropriate. Cf. In re Durst, 148 S.W.3d 496, 501 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (op. on reh’g) (considering conditions imposed by trial court to ensure defendant’s appearance and reducing bail to $150,000 for each of three third-degree felonies charged). With regard to the second factor—that bail not be oppressive, the record demonstrates that Peyton is disabled, has minimal assets and income, and does not have the ability to satisfy a $1,000,000 bail bond. See Tex. Code Crim. Proc. Ann. art. 17.15(2). This factor demonstrates that bail in the amount set is oppressive. See Ex parte Bogia, 56 S.W.3d 835, 840 (Tex. App.—Houston [1st Dist.] 2001, no pet.) (holding that $360,000 bail for second-degree felony of theft was oppressive because it was not justified by any unusual circumstances). Similar to the second factor, the fourth factor mandates consideration of an applicant’s ability to make bail, which is relevant but not controlling. See Tex. Code Crim. Proc. Ann. art. 17.15(4); Ex parte Sabur-Smith, 73 S.W.3d 436, 440 8 (Tex. App.—Houston [1st Dist.] 2002, no pet.). Bail set in an amount that cannot be satisfied has the potential to displace the presumption of innocence. See Bogia, 56 S.W.3d at 840. The record is clear that Peyton cannot satisfy a $1,000,000 bail bond and that he does not have any family to assist him in making bond. Peyton does not own a house or an operational vehicle and is disabled and therefore unable to work; his monthly income consists of $367 in veterans’ benefits and an unspecified amount in Social Security disability benefits. Peyton testified that he could satisfy a bail of $10,000 by selling some guns that he owns. This factor weighs in favor of reduced bail. See 41 George E. Dix & John M. Schmolesky, Texas Practice Series: Criminal Practice & Procedure § 21:27 (3d ed. 2011) (stating that “the less resources he has, the more likely it will be that a lower amount will create a sufficient incentive to appear”). 2. Nature of the Offense (Third Factor) With regard to the third factor—the nature of the offense and the circumstances under which it was committed, the record includes the probable- cause affidavit, which was admitted into evidence by the State at the hearing. See Tex. Code Crim. Proc. Ann. art. 17.15(3). The facts in the probable-cause affidavit are disturbing and allege that Peyton was involved in soliciting someone to murder his daughter’s boyfriend. If convicted of criminal solicitation to commit capital murder, which is a first-degree felony, Peyton faces a punishment range of five to ninety-nine years’ confinement and a possible fine not to exceed 9 $10,000. See Tex. Penal Code Ann. § 12.32 (West 2011), § 15.03(d)(1). The severity of the offense justifies a high bail amount. In other cases involving solicitation of capital murder, courts have approved bail in amounts ranging from $20,000 to $750,000—with the higher end of the range used for multiple charges of solicitation of capital murder. See, e.g., Ex parte Parish, 598 S.W.2d 872, 873 (Tex. Crim. App. [Panel Op.] 1980) (reducing bail from $100,000 to $20,000 on solicitation of capital murder charge); Cooley v. State, 232 S.W.3d 228, 238 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (upholding total bail of $750,000 on three solicitation of capital murder charges); Ex parte Chachere, No. 03-01-00404-CR, 2002 WL 99642, at *4 (Tex. App.—Austin Jan. 25, 2002, no pet.) (not designated for publication) (reducing bail from $700,000 to $250,000 on solicitation of capital murder charge); Perry v. State, No. 14-99-01161-CR, 1999 WL 1267196, at *3 (Tex. App.—Houston [14th Dist.] Dec. 30, 1999, no pet.) (not designated for publication) (upholding $100,000 bail on solicitation of capital murder charge); Ex parte Welch, 729 S.W.2d 306, 310 (Tex. App.—Dallas 1987, no pet.) (upholding total bail of $300,000 on two pending solicitation of capital murder charges). But see Ex parte Pulte, No. 02-03-00202-CR, 2003 WL 22674734, at *2 (Tex. App.—Fort Worth Nov. 13, 2003, no pet.) (not designated for publication) (holding $1,000,000 bail not excessive for solicitation of murder when record showed that defendant possessed assets, defendant had failed to offer evidence of bond he could make, and defendant had committed offense for which bail was sought 10 while on bond for related offense). However, “‘[c]ase law is of relatively little value in addressing the ultimate question of the appropriate amount of bail in a particular case’ because . . . the ‘cases are so individualized that generalization from results reached in others is difficult.’” Beard, 92 S.W.3d at 571 (citing 41 George E. Dix. & Robert O. Dawson, Texas Practice: Criminal Practice and Procedure § 16.51 (2d ed. 2001)). In any event, while the nature-of-the-offense factor justifies setting a significant bail amount, $1,000,000 exceeds the upper end of the range of approved amounts for bail in cases involving solicitation of capital murder. 3. Safety (Fifth Factor) The fifth factor we consider is the future safety of the community. See Tex. Code Crim. Proc. Ann. art. 17.15(5). Peyton has no prior felony convictions. Peyton’s bail contains the condition that Peyton “not make contact with the alleged victim, or any member of his family, nor cause any other person to make said contact.” This factor, while difficult to analyze, reflects that the high amount of Peyton’s bail is not sufficiently related to community safety. See Briscoe, 2015 WL 5893470, at *4 (citing 41 Dix & Schmolesky, supra, § 21:29). B. Other Considerations Finally, we look to other relevant considerations. Peyton, who is fifty-eight years old, has lived in Wichita County the majority of his life, including the last twenty-five years. Although most of his family is now deceased, he still has his wife and friends in Wichita Falls. Peyton is not able to work due to a disability. 11 Peyton’s only prior arrests were for public intoxication and a warrant for failing to pay a ticket for no automobile insurance. The record does not contain evidence regarding any aggravating circumstances alleged to have been involved in the charged offense. These considerations demonstrate that although Peyton was arrested for a first-degree felony, he has “an incentive to remain despite the possibility of conviction and sentence,” and he testified that he has every intention of fighting the charges alleged. See id. (citing 41 Dix & Schmolesky, supra, § 21:30). C. Outcome Although the nature of the offense and the circumstances surrounding it are severe, the other factors to be considered in setting reasonable bail establish that the $1,000,000 bail set here is excessive because it is set in an amount greater than necessary to ensure Peyton’s appearance. Because Peyton has carried his burden of proving that bail in the amount of $1,000,000 is excessive, we hold that the trial court abused its discretion by failing to reduce the bail amount based on the evidence before it. See Tex. Code Crim. Proc. Ann. art. 11.24 (West 2015) (“If the proof sustains the petition, it will entitle the party to . . . have the bail reduced.”); Parish, 598 S.W.2d at 873 (reducing bail from $100,000 to $20,000 for solicitation of capital murder); see also Briscoe, 2015 WL 5893470, at *4 (holding that $1,000,000 bail in injury-to-a-child case was excessive and that trial court abused its discretion by failing to reduce that amount). 12 V. CONCLUSION We therefore reverse the trial court’s order denying habeas relief and remand this case to the trial court to set a reasonable bail; to determine what additional conditions, if any, should be imposed; and to allow the State and Peyton to present any additional evidence or argument that the trial court deems relevant to each of the factors discussed above. See Tex. R. App. P. 31.3; Ex parte Brooks, 376 S.W.3d 222, 224 (Tex. App.—Fort Worth 2012, pet. ref’d.). /s/ Sue Walker SUE WALKER JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: May 5, 2016 13 1 1 R E P O R T E R'S R E C O R D 2 VOLUME 1 OF 3 FILED IN 3 COURT OF APPEALS NO. 02-16-00029-CR 2nd COURT OF APPEALS FORT WORTH, TEXAS 4 CAUSE NO. 56,208-A 2/8/2016 3:45:44 PM DEBRA SPISAK 5 THE STATE OF TEXAS * IN THE 30TH DISTRICT Clerk COURT * 6 VS. * * 7 JEFFREY BRYAN PEYTON * OF WICHITA COUNTY, TEXAS 8 9 10 _______________________________________ 11 MASTER INDEX _______________________________________ 12 13 14 15 16 17 18 On the 22nd day of January, 2016, the 19 above-entitled cause came on for trial in the 20 above-entitled and numbered Court before the 21 Honorable Robert P. Brotherton, judge presiding, held 22 in Wichita Falls, Wichita County, Texas. 23 Proceedings reported by computerized 24 Stenotype machine; record produced by 25 computer-assisted transcription. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 2 1 A P P E A R A N C E S: 2 3 Mr. John Gillespie (SBOT #24010053) Wichita County District Attorney's Office 4 Wichita County Courthouse 900 7th Street 5 Wichita Falls, Texas 76301 (940) 766-8113 6 Attorney for the State 7 8 Mr. Brennon Brady (SBOT #24038120) Wichita County Public Defender's Office 9 600 Scott Street, Suite 204 Wichita Falls, Texas 76301 10 (940) 766-8199 Attorney for the Defendant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 3 1 M A S T E R I N D E X 2 PAGE VOL 3 Proceedings................................ 6 2 4 Defendant announces ready.................. 6 2 5 State announces ready...................... 6 2 6 DEFENDANT'S WITNESS DIRECT CROSS VOL 7 Jeffrey Peyton 7 2 8 Defendant rests............................ 12 2 9 State rests................................ 12 2 10 Court's Ruling............................. 13 2 11 Hearing concluded.......................... 14 2 12 Reporter's Certificate..................... 15 2 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 4 1 ALPHABETICAL INDEX OF WITNESSES 2 3 WITNESSES DIRECT CROSS VOL 4 Peyton, Jeffrey 7 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 5 1 M A S T E R E X H I B I T S 2 STATE'S EXHIBITS 3 NO. DESCRIPTION OFFER ADMIT VOL 4 1 Warrant of Arrest and Detention 12 12 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 6 1 THE STATE OF TEXAS ) 2 COUNTY OF WICHITA ) 3 I, Leslie C. Ryan-Hash, Official Court 4 Reporter in and for the 30th District Court of 5 Wichita County, State of Texas, do hereby certify 6 that the above and foregoing contains a true and 7 correct transcription of all portions of evidence and 8 other proceedings requested in writing by counsel for 9 the parties to be included in this volume of the 10 Reporter's Record, in the above-styled and numbered 11 cause, all of which occurred in open court or in 12 chambers and were reported by me. 13 I further certify that this Reporter's 14 Record of the proceedings truly and correctly 15 reflects the exhibits, if any, admitted by the 16 respective parties. 17 I further certify that the total cost 18 for the preparation of this Reporter's Record is 19 $297.50 and will be paid by Wichita County. 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 7 1 WITNESS MY OFFICIAL HAND this the 9th 2 day of February, 2016. 3 4 5 /s/ Leslie C. Ryan-Hash 6 Leslie C. Ryan-Hash, CSR Official Court Reporter 7 Cert. No. 5164/Expires 12/31/17 900 7th Street, Room 360 8 Wichita County Courthouse Wichita Falls, TX 76301 9 (940)766-8180/(940)766-8253 Leslie.Ryan-Hash@co.wichita.tx.us 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 1 1 R E P O R T E R'S R E C O R D 2 VOLUME 2 OF 3 FILED IN 3 COURT OF APPEALS NO. 02-16-00029-CR 2nd COURT OF APPEALS FORT WORTH, TEXAS 4 CAUSE NO. 56,208-A 2/8/2016 3:45:44 PM DEBRA SPISAK 5 THE STATE OF TEXAS * IN THE 30TH DISTRICT Clerk COURT * 6 VS. * * 7 JEFFREY BRYAN PEYTON * OF WICHITA COUNTY, TEXAS 8 9 10 _______________________________________ 11 HABEAS CORPUS _______________________________________ 12 13 14 15 16 17 18 On the 22nd day of January, 2016, the 19 above-entitled cause came on for trial in the 20 above-entitled and numbered Court before the 21 Honorable Robert P. Brotherton, judge presiding, held 22 in Wichita Falls, Wichita County, Texas. 23 Proceedings reported by computerized 24 Stenotype machine; record produced by 25 computer-assisted transcription. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 2 1 A P P E A R A N C E S: 2 3 Mr. John Gillespie (SBOT #24010053) Wichita County District Attorney's Office 4 Wichita County Courthouse 900 7th Street 5 Wichita Falls, Texas 76301 (940) 766-8113 6 Attorney for the State 7 8 Mr. Brennon Brady (SBOT #24038120) Wichita County Public Defender's Office 9 600 Scott Street, Suite 204 Wichita Falls, Texas 76301 10 (940) 766-8199 Attorney for the Defendant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 3 1 I N D E X 2 PAGE VOL 3 Proceedings................................ 6 2 4 Defendant announces ready.................. 6 2 5 State announces ready...................... 6 2 6 DEFENDANT'S WITNESS DIRECT CROSS VOL 7 Jeffrey Peyton 7 7 2 8 Defendant rests............................ 12 2 9 State rests................................ 12 2 10 Court's Ruling............................. 13 2 11 Hearing concluded.......................... 14 2 12 Reporter's Certificate..................... 15 2 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 4 1 ALPHABETICAL INDEX OF WITNESSES 2 3 WITNESSES DIRECT CROSS VOL 4 Peyton, Jeffrey 7 7 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 5 1 E X H I B I T S 2 STATE'S EXHIBITS 3 NO. DESCRIPTION OFFER ADMIT VOL 4 1 Warrant of Arrest and Detention 12 12 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 6 1 P R O C E E D I N G S 2 (Open court, Defendant present.) 3 (State's Exhibit No. 1 marked.) 4 THE COURT: This is Cause No. 56,208-A, 5 The State of Texas vs. Jeff Peyton. The matter set 6 for hearing is the Defendant's Application for Writ 7 of Habeas Corpus seeking bail reduction. 8 Is the defense ready? 9 MR. BRADY: Ready, Your Honor. 10 THE COURT: Is the State ready? 11 MR. GILLESPIE: State's ready, Your 12 Honor. 13 THE COURT: Are you Jeff Peyton? 14 THE WITNESS: Yes, sir. 15 THE COURT: All right. Mr. Brady, you 16 may proceed. 17 MR. BRADY: Thank you, Your Honor. I'd 18 just like for the record to reflect that the 19 application misstates the bail amount. I believe 20 it's just a typo. The bail in this case, I believe, 21 is set at $1 million. I'd point that out for the 22 Court and the record. 23 THE COURT: That's correct. 24 MR. BRADY: Judge, we'll call Jeff 25 Peyton as our witness. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 7 1 THE COURT: All right. 2 (The witness was sworn by the Court.) 3 THE WITNESS: Yes, Your Honor. 4 THE COURT: Okay. Go ahead. 5 JEFF PEYTON, 6 having been first duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MR. BRADY: 9 Q. If you could speak up for the court 10 reporter, she's taking down everything and so the 11 Judge can hear you. 12 A. Okay. 13 Q. Will you introduce yourself to the Judge. 14 A. Yes, sir. I'm Jeff Peyton, Your Honor. 15 Q. And how old are you, Jeff? 16 A. I'm 58 years old. 17 Q. And where have you lived the majority of 18 your life? 19 A. Wichita Falls, Texas. 20 Q. And it's my understanding that you're a 21 veteran; is that correct? 22 A. Yes, sir. 23 Q. And what branch of the service did you 24 serve? 25 A. Navy. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 8 1 Q. And how many years were you in the Navy and 2 what years were those? 3 A. Four years from 1974 to 1978. 4 Q. And were you honorably discharged? 5 A. Yes, sir. 6 Q. Have you ever been convicted of a felony in 7 your life? 8 A. No, sir. 9 Q. Aside from traffic tickets, have you ever 10 been arrested? 11 A. Yes, sir. 12 Q. Okay. What were you arrested for? 13 A. Several times for public intox and one time 14 for warrant for no insurance ticket. I think it was 15 1995. 16 Q. So those were Class C tickets type 17 situations, no misdemeanor Class Bs and above? 18 A. No, sir. 19 Q. Okay. And how long have you actually lived 20 in Wichita Falls, Texas? 21 A. I've lived here from 1978 to 1984; moved to 22 California for two and a half years. From there I 23 moved to Hawaii for five years and then I came back 24 here. I've been back here twenty-five years. 25 Q. And have you lived in the City of Wichita LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 9 1 Falls? 2 A. Yes. 3 Q. And Wichita County? 4 A. Yes, sir. 5 Q. Your current bail is set at $1 million. Do 6 you currently have the means to make that bail? 7 A. No, sir. 8 Q. What bail amount do you have the ability to 9 make at this time? 10 A. $10,000. 11 Q. Is that based on the assets that you have 12 and you believe you can sell? 13 A. Yes, sir. 14 Q. Okay. And what are those assets? 15 A. I have some guns I could sell to make bond. 16 Q. And do you have a vehicle that's operational 17 at this time? 18 A. No, sir. 19 Q. Okay. How are you planning on getting to 20 court? 21 A. Rides from friends. 22 Q. And where would you live if you were 23 released? 24 A. French Quarter Apartments with a friend of 25 mine. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 10 1 Q. And has he told you that he was willing to 2 let you stay with him? 3 A. Yes, sir. 4 Q. And what do you do for income when you're 5 out? 6 A. I get a small check from the VA, 367 a 7 month, and I've got Social Security disability. 8 Q. And so you're unable to work? 9 A. Yes, sir. 10 Q. Have you been able to support yourself over 11 the past twenty-five years or so, or however long 12 you've been on the disability, with that? 13 A. Yes, sir. 14 Q. You're -- are you willing to comply with 15 conditions of bail such as curfew, home confinement, 16 electronic monitoring, and drug testing if you were 17 released? 18 A. Yes, sir. 19 Q. Do you have any intentions of leaving the 20 jurisdiction, flee on these charges? 21 A. No, sir. The only time I might have to 22 leave would be go to the VA hospital in Oklahoma 23 City. 24 Q. And you would be willing to get Court 25 approval prior to doing that? LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 11 1 A. Yes, sir. 2 Q. Now, as far as family ties go, it's my 3 understanding that you don't have very many family 4 members around left, do you? 5 A. I don't have any family members left except 6 my wife. 7 Q. That's because they've passed away? 8 A. Yes, sir. 9 Q. Now, you understand you're looking at up to 10 life in prison. Does that -- does that fact make you 11 want to run and not face these charges? 12 A. No, sir. 13 Q. Do you have every intention of fighting 14 these charges? 15 A. Yes, sir. 16 Q. Would you like to be given an opportunity to 17 be free and prove to the Court that you're able to 18 comply with conditions of bond and show up for 19 pretrial hearings and that sort of thing? 20 A. Yes, sir. 21 Q. Now, do you have any kind of mental health 22 issues that you need to work on or get addressed out 23 there? 24 A. Not at the present time. 25 Q. Okay. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 12 1 MR. BRADY: Judge, I'll pass the 2 witness at this time. 3 THE COURT: Mr. Gillespie. 4 MR. GILLESPIE: I have no questions, 5 Your Honor. 6 THE COURT: Okay. Next witness? 7 MR. BRADY: This is the only witness I 8 have, Your Honor. Defense will rest. 9 THE COURT: All right. Mr. Gillespie? 10 MR. GILLESPIE: I'd offer State's 1, 11 the probable cause affidavit in this case. 12 MR. BRADY: No objection to State's 1, 13 Your Honor. 14 THE COURT: It's admitted. 15 (State's Exhibit No. 1 admitted.) 16 MR. GILLESPIE: And I also ask the 17 Court to take notice of the indictment in this case, 18 judicial notice of it. 19 THE COURT: Any objection? 20 MR. BRADY: No objection, Judge. 21 THE COURT: Court will take judicial 22 notice of the indictment. 23 MR. GILLESPIE: And the State would 24 rest. 25 THE COURT: All right. Let's go off LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 13 1 the record. 2 (Off the record.) 3 (On the record.) 4 THE COURT: All right. We'll go back 5 on the record. Mr. Peyton, Mr. Brady, the motion is 6 denied. 7 MR. BRADY: Thank you, Your Honor. 8 Judge, I might just put on the record 9 that I have a case here that I'd like to point out. 10 It's a concurring opinion. But the Court of Criminal 11 Appeals kinda gave me a hard time about not raising 12 it, and it's Ex Parte Benefield, 403 S.W.3d. 13 THE COURT: I'm familiar with that 14 case. 15 MR. BRADY: Huh? 16 THE COURT: I said I'm familiar with 17 that case. 18 MR. BRADY: I know, Judge. Well, the 19 Court said that I didn't raise some issues at the -- 20 because the petition does not clearly raise these 21 difficult issues, I'd just say the current situation 22 of Mr. Peyton raises the constitutional concerns that 23 are pointed out by the concurring opinion in that 24 case. 25 THE COURT: All right. So noted, Mr. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 14 1 Brady. Thank you. 2 MR. BRADY: Thank you, Your Honor. 3 I'll prepare you an order, Judge. 4 THE COURT: Okay. 5 (Hearing concluded.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 15 1 THE STATE OF TEXAS ) 2 COUNTY OF WICHITA ) 3 I, Leslie C. Ryan-Hash, Official Court 4 Reporter in and for the 30th District Court of 5 Wichita County, State of Texas, do hereby certify 6 that the above and foregoing contains a true and 7 correct transcription of all portions of evidence and 8 other proceedings requested in writing by counsel for 9 the parties to be included in this volume of the 10 Reporter's Record, in the above-styled and numbered 11 cause, all of which occurred in open court or in 12 chambers and were reported by me. 13 I further certify that this Reporter's 14 Record of the proceedings truly and correctly 15 reflects the exhibits, if any, admitted by the 16 respective parties. 17 I further certify that the total cost 18 for the preparation of this Reporter's Record is 19 $297.50 and will be paid by Wichita County. 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 16 1 WITNESS MY OFFICIAL HAND this the 9th 2 day of February, 2016. 3 4 5 /s/ Leslie C. Ryan-Hash 6 Leslie C. Ryan-Hash, CSR Official Court Reporter 7 Cert. No. 5164/Expires 12/31/17 900 7th Street, Room 360 8 Wichita County Courthouse Wichita Falls, TX 76301 9 (940)766-8180/(940)766-8253 Leslie.Ryan-Hash@co.wichita.tx.us 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 1 1 R E P O R T E R'S R E C O R D 2 VOLUME 3 OF 3 FILED IN 3 COURT OF APPEALS NO. 02-16-00029-CR 2nd COURT OF APPEALS FORT WORTH, TEXAS 4 CAUSE NO. 56,208-A 2/8/2016 3:45:44 PM DEBRA SPISAK 5 THE STATE OF TEXAS * IN THE 30TH DISTRICT Clerk COURT * 6 VS. * * 7 JEFFREY BRYAN PEYTON * OF WICHITA COUNTY, TEXAS 8 9 10 _______________________________________ 11 EXHIBIT INDEX _______________________________________ 12 13 14 15 16 17 18 On the 22nd day of January, 2016, the 19 above-entitled cause came on for trial in the 20 above-entitled and numbered Court before the 21 Honorable Robert P. Brotherton, judge presiding, held 22 in Wichita Falls, Wichita County, Texas. 23 Proceedings reported by computerized 24 Stenotype machine; record produced by 25 computer-assisted transcription. LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 2 1 A P P E A R A N C E S: 2 3 Mr. John Gillespie (SBOT #24010053) Wichita County District Attorney's Office 4 Wichita County Courthouse 900 7th Street 5 Wichita Falls, Texas 76301 (940) 766-8113 6 Attorney for the State 7 8 Mr. Brennon Brady (SBOT #24038120) Wichita County Public Defender's Office 9 600 Scott Street, Suite 204 Wichita Falls, Texas 76301 10 (940) 766-8199 Attorney for the Defendant 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 3 1 M A S T E R E X H I B I T S 2 STATE'S EXHIBITS 3 NO. DESCRIPTION OFFER ADMIT VOL 4 1 Warrant of Arrest and Detention 7 7 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 4 1 THE STATE OF TEXAS ) 2 COUNTY OF WICHITA ) 3 I, Leslie C. Ryan-Hash, Official Court 4 Reporter in and for the 30th District Court of 5 Wichita County, State of Texas, do hereby certify 6 that the foregoing exhibits constitute true and 7 complete duplicates of the original exhibits, 8 excluding physical evidence admitted, tendered in an 9 offer of proof or offered into evidence during the 10 trial in the above entitled and numbered cause as set 11 out herein before the Honorable Robert P. Brotherton, 12 Judge of the 30th District Court of Wichita County, 13 January 22, 2016. 14 I FURTHER CERTIFY that the total cost 15 for the preparation of this Reporter's Record is 16 $297.50 and will be paid by Wichita County. 17 WITNESS MY OFFICIAL HAND this the 9th 18 day of February, 2016. 19 20 \S\ LESLIE C. RYAN-HASH 21 Leslie C. Ryan-Hash, CSR Official Court Reporter 22 Cert. No. 5164/Expires 12/31/17 900 7th Street, Room 360 23 Wichita Falls, TX 76301 (940)766-8180/(940)766-8253 24 Leslie.ryan-hash@co.wichita.tx.us 25 LESLIE C. RYAN-HASH, CSR OFFICIAL COURT REPORTER (940) 766-8180 STATE'S EXHIBIT NO. 1 copy WARRANT OF ARREST AND DETENTION WFPD CASE # 15-061632 WARRANT NUMBER 01-135098 WICHITA COUNTY, TEXAS BOND AMOUNT $ ( ^o^ODO, o In the Name of the State of Texas, To any Sheriff, Constable or Peace Officer of the State of Texas, Greetings: YOU ARE HEREBY COMMANDED TO TAKE INSTANTER THE BODY OF: Jeffrey Bryan Peyton Hereinafter referred to as the suspect, and bring the said suspect before a Magistrate in and for Wichita County, Texas, instanter, then and there to answer the State of Texas for an offense against the laws of said State, to-wit: Criminal Solicitation - Capital Murder of which FELONY offense the said suspect is accused by the written affidavit, under oath of John E. Laughlin / WFPD #571 filed before me anterior to the issuance of this warrant. Herein fail not and due return make hereof at the place hereinafter named. Witness my official signature this the 2nd Day of July,2015. justicj^5f^epeace7toS^ati o WICHITA COUNTY, TEXAS *************************************^Q|Vjj^j5TRAj{Vg data************************************* State of Texas vs. Jeffrey Bryan Peyton Race: W Sex: M DOB: 05/21/1957 Ht: 508 Wt: 170 Hair: Brn Eyes: Blu DL: TX/15508343 Address: 207 Carolina Apt. B, Wichita Falls, TX 76306 Complainant: Vincent Wade Cole Date of Offense: 06/30/2015 Arrest Warrant issued To: WCSO/WFPD/DA/JP Arrest Status: At Large Employer: None Employer Address: N/A ============================ =====RETURN=============================== Came to hand day of 2015, at o'clock, and executed on the day of 2015, at o'clock M., by arresting and detaining the within named at in Wichita County, Texas *taking his/her bond *placing him/her in jail at. I actually and necessarily traveled miles in the service of this writ and in addition to any other mileage I may have traveled in the service of other process during the same trip FEES Making Arrest. $ WFPD Mileage J_ Taking Bond $ Commitment 1 Release L TOTAL L BY STATE'S EXHIBIT 1 I^M^^ COPY WFPD CASE # 15-061632 WARRANT (DA) 01-135098 THE STATE OF TEXAS AFFIDAVIT FOR ARREST WARRANT COUNTY OF WICHITA BEFORE ME, the undersigned authority, on this day personally appeared the undersigned affiant, who after being duly sworn by me, on oath stated: My name is John E. Laughlin / WFPD #571, and I have good reason to believe that on or about the 30th day of June, 2015r in Wichita County, Texas, one NAME OF SUSPECT: Jeffrey Bryan Peyton Did then and there commit the offense of OFFENSE: Criminal Solicitation - Capital Murder Aviolation of Section 15.03 of the Texas Penal Code, a Felony of the 1st degree Affiant's belief is based upon the following facts and information: ^ Affiant's personal investigation of this alleged offense. S Karen Wade, a fellow peace officer of the City of Wichita Falls Police Department, Wichita County, Texas, who personally participated in the investigation of this alleged offense, providing this information to affiant, and whose information affiant believes to be credible. On the basis of facts developed during the investigation of this offense, it is believed that the suspect, on or about the date of June 30. 2015. committed the offense of Criminal Solicitation - Capital Murder, at the following location: 513 North Martin Luther King Jr. Blvd, Wichita Falls, Wichita County, Texas. The facts also involve a: ^ accomplice: Christina June Peyton The facts of the offense are as follows: On 06/26/2015, a cooperating witness contacted the Wichita Falls Police Department about a possible murder for hire. Your affiant met with the cooperating witness and he explained that subjects known to him, Jeffrey and Christina Peyton, asked him to help them find a person willing to "take out" their daughter's boyfriend, Vincent Cole, for three hundred dollars. The cooperating witness also provided your affiant with recordings he made of the conversations he had with Jeffrey and Christina Peyton. Your affiant reviewed the recordings from the cooperating witness and coroborated the information he had provided. Officer Karen Wade from the W.F.P.D. Organized Crime Unit then assisted your affiant with a follow up investigation. On 6/29/2015, the cooperating witness facilitated an introduction of Officer Wade to Jeffrey and Christina Peyton. Officer Wade, posing as an intermediary for the subject to be hired, then recorded her undercover contacts with Jeffrey and Christina Peyton. Jeffrey and Christina Peyton told Officer Wade they were willing to pay to have their daughter's boyfriend, Vincent Cole, gone "permantly" and then arranged a meeting with Officer Wade on 06/30/2015. At approximately 1112 hours on 06/30/2015, the cooperating witness took Christina Peyton to a bank at her request and direction. The cooperating witness recorded his interaction with Christina Peyton and your affiant later reviewed the recording. Christina Peyton intimated that she was getting money from the bank to complete a transaction with the subject the cooperating witness introduced (Officer Wade). While talking about Vincent Cole; Christina Peyton told the cooperating witness, "I want him gone. Not out of town gone. I want him dead gone." She also told the cooperating witness that they (Jeffrey and Christina) planned to take their daughter to a movie so she will not be around, "the day this happens." At approximately 1236 hours on 06/30/2015, Officer Wade contacted Jeffrey Peyton by phone and explained that it would cost more than three hundred dollars to have someone kill Vincent Cole. Jeffrey Peyton then offered to pay five hundred dollars to have Vincent Cole killed. At approximately 1343 hours on 06/30/2015, Officer Wade met with Jeffrey Peyton in the parking lot of 513 North Martin Luther King Jr. Blvd.; which is located within the corporate city limits of Wichita Falls Texas. During UUHY ttfe recorded meeting, Jeffrey Peyton gave Officer Wade three one hundred dollar bills and promised to pay an additional two hunderd dollars after Vincent Cole was killed. Jeffrey Peyton also provided a photograph of Vincent Cole. Officer Wade then offered Jeffery Peyton an opportunity to back out of the transaction but he refused and indicated that he and his wife (Christina Peyton) wanted to go through with the plan. At approximately 1215 hours on 07/02/2015, your affiant contacted Vincent Cole and explained the before listed. Vincent Cole then agreed to cooperate with this investigation and a photograph was created that made it look like he had been shot to death. At approximately 1541 hours on 07/02/2015, Officer Wade contacted Jeffrey Peyton by phone and arranged to meet him across the street from 513 North Martin Luther King Jr. Blvd. Officer Wade met Jeffrey Peyton a short time later and showed him the photograph of the staged dead body of Vincent Cole. Jeffrey Peyton then gave Officer Wade two hundred dollars after viewing the photo and he was taken into custody by an arrest team. Your affiant believes probable cause exists to show that, on or about 06/30/2015, Christina Peyton and Jeffrey Peyton intentionally and knowingly gave remuneration and the promise of remuneration to another (undercover Texas Peace Officer Karen Wade) to murder Vincent Cole. WHEREFORE, Affiant requests that an arrest warrant be issued for the above accused individual in accordance with the law. RATE / NOTARY / CLERK OF THE COURT SUBSCRIBED AND SWORN TO BEFORE ME on the 2nd Day of July, 2015 MAGISTRATE'S DETERMINATION OF PROBABLE CAUSE On this the ff^- day of , 2015, I hereby acknowledge that I have examined the mm foregoing affidavit and have/ ;rmined/hat probable cause exists for jHfve issuance_c£an_arrest warrant for the individual accused therein. MAGISTRATE CENTRAL MAGISTRATE OFFICE WICHITA COUNTY, TEXAS CLERK'S RECORD 1 OF 1 TRIAL COURT CAUSE NO. 56208-A FILED IN 2nd COURT OF APPEALS IN THE 30TH DISTRICT COURT FORT WORTH, TEXAS OF WICHITA COUNTY 2/17/2016 1:28:20 PM HONORABLE ROBERT P. BROTHERTON, JUDGE PRESIDING DEBRA SPISAK Clerk THE STATE OF TEXAS VS. JEFFREY BRYAN PEYTON ATTORNEY FOR APPELLANT: BRENNON BRADY OFFICE OF THE PUBLIC DEFENDER 600 SCOTT AVE., STE. 204 WICHITA FALLS, TX 76301 (940) 766-8199 DELIVERED TO THE COURT OF APPEALS FOR THE 2ND DISTRICT COURT TIM CURRY CRIMINAL JUSTICE CENTER 401 W. BELKNAP FT. WORTH, TX 76196 ON THE 17th DAY OF FEBRUARY, 2016 PATTI FLORES, DISTRICT CLERK ÿ /LJÿ .J -V DIANE JENSEN / y +U. ./ DEPUTY DISTRICT CLERK APPELLATE COURT CAUSE NO. FILED IN THE COURT OF APPEALS FOR THE 2n» DISTR1CT COURT AT FT. WORTH, TEXAS THIS _ DAY OF _ BY ,DEPUTY 1 CAUSE NUMBER 56208-A INDEX VOLUME PAGE COVER PAGE I INDEX 2-3 CAPTION 4 INDICTMENT (FILED 08-05-15) 5 AFFIDAVIT (FILED 08-06-15) 6 STATE'S READY (FILED 08-06-15) 7 ORDER SETTING PRETRIAL CONFERENCE (FILED 08-06-156) 8 J. P. PAPERS (FILED 08-06-15) 9-15 PRECEPT (FILED 08-07-15) 16 PRELIMINARY PRETRIAL MOTIONS (FILED 08-07- 15) 17-19 REQUEST FOR COMPLIANCE WITH 39. 14 (FILED 08-07- 1 5) 20-22 PRETRIAL WAIVER OF ARRAIGNMENT (FILED 08-07-15) 23-25 STATE'S INITIAL 39.14 DISCLOSURE (FILED 08-17-15) 26-30 RECEIPT OF VIDEO (FILED 08-20- 15) 31 ORDER SETTING PRETRIAL CONFERENCE (FILED 10-23-15) 32 APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION (FILED 12-07-15) 33-36 ORDER OF SETTING (FILED 12-09-15) 37 2 ORDER DENYING WRIT OF HABEAS CORPUS (FILED 01-22-16) 38 LETTER FROM DEFENDANT TO JUDGE (FILED 01-27-16) 39 NOTICE OF APPEAL (FILED 01-28-16) 40 TRIAL COURT'S CERTIFICATION (FILED 01-28-16) 41 ORDER SETTING PRETRIAL CONFERENCE (FILED 01-29-16) 42 DESIGNATION OF CLERK'S RECORD AND REQUEST FOR REPORTER'S RECORD (FILED 02-02-16) 43-44 DOCKET SHEET 45 CLERK'S CERTIFICATE 46 BACK PAGE 47 3 THE STATE OF TEXAS ] COUNTY OF WICHITA ] In the 30th District Court of Wichita County, Texas, the Honorable ROBERT P. BROTHERTON, Judge Presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: Trial Court Cause No. 56208-A The State of Texas ] In the 30th District Court vs. JEFFREY BRYAN PEYTON ] Wichita County, Texas 4 56208 -A : -iucp «l«/rÿ ~ O'clock CAUSE NUMBER: 01-135098-F15 r ?*'S t, J DEFENDANT: JEFFREY BRYAN PEYTON RACE: WHITE c ,, , rj. ADDRESS: 207B CAROLINA WICHITA FALLS, TX 76306 SEX: Male Cunrf, Uf*'\ CHARGE: CRIMINAL SOLICITATION OF CAPITAL MURDER COMPLAINTANT: COLE,VINCENT DOB: 05/21/ÿ957 ARREST DATE: 07/02/2015 ****** • " FILING AGENCY: WFPD AMOUNT OF BAIL: $1,000,000.00 COURT: 30TH DISTRICT COURT DATE: 07/29/2015 PRIOR CAUSE NUMBER: TRN: 9098877656 INDICTMENT IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: The Grand Jury of Wichita County, State of Texas, duly organized at the JULY term, A.D. 2015, of the 30th District Court of said county, in said court at said term, does present that JEFFREY BRYAN PEYTON, hereinafter called defendant, on or about the 30th day of June, A.D. 2015, in said county and state did then and there, with intent that capital murder, a capital felony be committed, request, command, or attempt to induce Karen Wade and/or Ty Davis to engage in specific conduct, to-wit: killing Vincent Cole in exchange for money, that under the circumstances surrounding the conduct, as the defendant believed them to be, would have constituted capital murder. AGAINST THE PEACE AND DIGNITY OF THE STATE. , MAUREEN SHELTON Criminal District Attorney Foreman of the Granfl'jury of Wichita County, Texas Bond Amount $ // O gc?/ Witness(es) 5 CAUSE NUMBER: 01-135098-F15 F15 :\!j! , Off / L t JUDGE PRESIDING cc: Criminal District Attorney's Office: JOHN GILLESPIE PUBLIC DEFENDER ~ RfXO-cLÿ JEFFREY BRYAN PEYTON - JAILED 8 a,:!.x A- """ X; 4 .. ; r WFPD CASE # 15-061632 « WARRANT (DA) 01-135098 THE STATE OF TEXAS AFFIDAVIT FOR ARREST WARRANT COUNTY OF WICHITA BEFORE ME, the undersigned authority, on this day personally appeared the undersigned affiant, who after being duly sworn by me, on oath stated: My name is John E. Laughlin / WFPD #571, and Ihave good reason to believe that on or about the 30th day of June. 2015, in Wichita County, Texas, one NAME OF SUSPECT: Jeffrey Bryan Peyton Did then and there commit the offense of - OFFENSE: Criminal Solicitation Capital Murder A violation of Section 15.03 of the Texas Penal Code, a Felony of the 1st degree Affiant's belief is based upon the following facts and information: 03 Affiant's personal investigation of this alleged offense. £3 Karen Wade, a fellow peace officer of the City of Wichita Falls Police Department, Wichita County, Texas, who personally participated in the investigation of this alleged offense, providing this information to affiant, and whose information affiant believes to be credible. On the basis of facts developed during the investigation of this offense, it is believed that the suspect, on or about the date of June 30. 2015. committed the offense of Criminal Solicitation - Capital Murder, at the following location: 513 North Martin Luther King Jr. Blvd, Wichita Falls, Wichita County, Texas. The facts also involve a: £x] accomplice: Christina June Peyton The facts of the offense are as follows: On 06/26/2015, a cooperating witness contacted the Wichita Falls Police Department about a possible murder for hire. Your affiant met with the cooperating witness and he explained that subjects known to him, Jeffrey and Christina Peyton, asked him to help them find a person willing to "take out" their daughter's boyfriend, Vincent Cole, for three hundred dollars. The cooperating witness also provided your affiant with recordings he made of the conversations he had with Jeffrey and Christina Peyton. Your affiant reviewed the recordings from the cooperating witness and coroborated the information he had provided. Officer Karen Wade from the W.F.P.D. Organized Crime Unit then assisted your affiant with a follow up investigation. On 6/29/2015, the cooperating witness facilitated an introduction of Officer Wade to Jeffrey and Christina Peyton. Officer Wade, posing as an intermediary for the subject to be hired, then recorded her undercover contacts with Jeffrey and Christina Peyton. Jeffrey and Christina Peyton told Officer Wade they were willing to pay to have their daughter's boyfriend, Vincent Cole, gone "permantly" and then arranged a meeting with Officer Wade on 06/30/2015. At approximately 1112 hours on 06/30/2015, the cooperating witness took Christina Peyton to a bank at her request and direction. The cooperating witness recorded his interaction with Christina Peyton and your affiant later reviewed the recording. Christina Peyton intimated that she was getting money from the bank to complete a transaction with the subject the cooperating witness introduced (Officer Wade). While talking about Vincent Cole; Christina Peyton told the cooperating witness, "I want him gone. Not out of town gone. Iwant him dead gone." She also told the cooperating witness that they (Jeffrey and Christina) planned to take their daughter to a movie so she will not be around, "the day this happens." At approximately 1236 hours on 06/30/2015, Officer Wade contacted Jeffrey Peyton by phone and explained that it would cost more than three hundred dollars to have someone kill Vincent Cole. Jeffrey Peyton then offered to pay five hundred dollars to have Vincent Cole killed. At approximately 1343 hours on 06/30/2015, Officer Wade met with Jeffrey Peyton in the parking lot of 513 North Martin Luther King Jr. Blvd.; which is located within the corporate city limits of Wichita Falls Texas. During 9 the recorded meeting, Jeffrey Pt 1 gave Officer Wade three one hundret liar bills and promised to pay an additional two hunderd dollars after Vincent Cole was killed. Jeffrey Peyton also provided a photograph of Vincent Cole. Officer Wade then offered Jeffery Peyton an opportunity to back out of the transaction but he refused and indicated that he and his wife (Christina Peyton) wanted to go through with the plan. At approximately 1215 hours on 07/02/2015, your affiant contacted Vincent Cole and explained the before listed. Vincent Cole then agreed to cooperate with this investigation and a photograph was created that made it look like he had been shot to death. At approximately 1541 hours on 07/02/2015, Officer Wade contacted Jeffrey Peyton by phone and arranged to meet him across the street from 513 North Martin Luther King Jr. Blvd. Officer Wade met Jeffrey Peyton a short time later and showed him the photograph of the staged dead body of Vincent Cole. Jeffrey Peyton then gave Officer Wade two hundred dollars after viewing the photo and he was taken into custody by an arrest team. Your affiant believes probable cause exists to show that, on or about 06/30/2015, Christina Peyton and Jeffrey Peyton intentionally and knowingly gave remuneration and the promise of remuneration to another (undercover Texas Peace Officer Karen Wade) to murder Vincent Cole. WHEREFORE, Affiant requests that an arrest warrant be issued for the above accused individual in accordance with the law. C AFFIANT MAGISTRATE / NOTARY / CLERK OF THE COURT SUBSCRIBED AND SWORN TO BEFORE ME on the 2nd Day of July, 2015 MAGISTRATE'S DETERMINATION OF PROBABLE CAUSE On this the / . day of .. /_ , 2015, I hereby acknowledge that I have examined the foregoing affidavit and have individual accused therein. detained thar probable cause exists for the issubnCe of an arrest warrant for the X MAGISTRATE CENTRAL MAGISTRATE OFFICE WICHITA COUNTY, TEXAS 10 Ml , y'z/'S' {\6\b WARRANT OF ARREST AND DETENTION WFPD CASE # 15-061632 WARRANT NUMBER 01-135098 WICHITA COUNTY, TEXAS BOND AMOUNT $ ,, .T- In the Name of the State of Texas, To any Sheriff, Constable or Peace Officer of the State of Texas, Greetings: YOU ARE HEREBY COMMANDED TO TAKE INSTANTER THE BODY OF: Jeffrey Bryan Peyton Hereinafter referred to as the suspect, and bring the said suspect before a Magistrate in and for Wichita County, Texas, instanter, then and there to answer the State of Texas for an offense against the laws of said State, to-wit: Criminal Solicitation - Capital Murder of which FELONY offense the said suspect is accused by the written affidavit, under oath of John E. Laughlin / WFPD #571 filed before me anterior to the issuance of this warrant. Herein fail not and due return make hereof at the place hereinafter named. Witness my official signature this the 2nd Day of July, 2015. justice Of the peacÿ/magistrAte" WICHITA COUNTY, TEXAS *************************** ********** administrative data************************************* State of Texas vs. Jeffrey Bryan Peyton Race: W Sex: M DOB: 05/21/1957 Ht: 508 Wt: 170 Hair: Brn Eyes: Blu DL: TX / 15508343 Address: 207 Carolina Apt. B, Wichita Falls, TX 76306 Complainant: Vincent Wade Cole Date of Offense: 06/30/2015 Arrest Warrant issued To: WCSO/WFPD/DA/JP Arrest Status: At Large Employer: None Employer Address: N/A = = ============ == ========= = == =====RETURN= =================== =========== Came to hand _ day of _ 2015, at _ o'clock, and executed on the day of JWy _ 2015, at _ o'clock _ M., by arresting and detaining the within named at _ ___ in Wichita County, Texas *taking his/her bond ÿplacing ....... him/her in jail at _ . ........... Iactually and necessarily traveled _l_ miles in the service of this writ and in addition to any other mileage I ....... may have traveled in the service of other process during the same trip. FEES- Making Arrest X _ WFPD Mileage J Taking Bond J Commitment $ \ \_ ~$ V ) Release TOTAL $_ _BY_ A. V? ÿ7 / 11 THE STATE OF TEXAS v. ,, />„ (W) »,,. »/>t A6, 6-59.) " ., /( bF-lyiM ÿ>>7 ™ r~j __ Magistrate No. ÿ Misdemeanor- CI;Class. ÿ state jail Felony [fi1ÿFelony - Degree: _ i ________ _ _ CERTIFICATION OF MAGISTRATE'S WARNING, PROBABLE CAUSE DETERMINATION, AND ORDER SETTING BOND This is to certify that at the time and date entered below, the above-named accused appeared before me in Wichita County, Texas, at which time and place 1 administered the following warnings as required by the Texas Code of Criminal Procedure: A, gl-> "M}u are accused of the offense of tCrAv/.ÿÿ - i Murder ly An affidavit signed by L AMtk /»>1 _has been filed in this cause. ÿ A teletype from __ ___ _ County, Texas, has been received. You have the following rights: --pf You have the right to retain counsel or hire an attorney. You have the right to request appointment of counsel if you arc indigent and cannot afford to hire counsel. You shall be allowed reasonable time and opportunity It) consult with counsel if you desire." You have the right to have your attorney present during any interviews with peace officers or attorneys representing the state; You have the right to remain silent. )/( You arc not required to make a statement and any statement made by you may be used against you. A You have the right to terminate or stop any interview at any time. If you arc charged with a felony offense, you have the right to have an examining trial. ___ Are you indigent and do vou want to request that an attorney be appointed to represent you? ÿ No CCÿcs; the forms for requesting a court-appointed attorney were furnished and the procedures foi requesting a court-appointed attorney were explained. [J The accused requested and was provided assistance in filling out the forms. Are, you able to speak and understand the English language',' Yes ÿ No; _ interpreted in the language. _ ___ An/you deaf? J£.j No ÿ Yes: _ interpreted. Sufficient facts have been presented to me under oath by affidavit, sworn testimony, or otherwise to show that probable cause exists for the continued detention of the accused. Bond is hereby: set at $ I.bfiO OOP ÿ Denied ÿ P. R. Bond Place: _ L__. - ÿ . ,/ ' ÿJustice of the Pcaccg Prcl , Place Time: /DiOCJ y A.M. P.M.. Date: A'7T , 20 /S 0 Magistrate, Wichita County, Texas 12 l/4- STATE OF TEXAS * IN THE MUNICIPAL COURT : * ÿ; ÿÿ VS * OF IÿmAk) fav(JcW * WICHITA FALLS, TEXAS ~D (Sitting as Magistrate) CONDITIONS OF BOND Ihereby acknowledge that Ihave reviewed and considered the probable cause affidavit relative to the offense(s) of AftVl . 'JaUh , @Ap. d the above mentioned Defendant, and have determined that conditions of bond should be imposed. Therefore, the Court ORDERS that as a condition of bond, the Defendant shall: A)OT MAjCL CfrOTAOT ti/TH Th ? AJ/fjtcl V/tAt'w . dft /rifSnbr/Z c>4 Lh /tf /op /I OA-oil ft-joÿcrhzti fieAsa ._ ; -ft> mafti_ -54- /A This ORDER is effective at '-f / 3& fXjyfr / P.M. on the ? day of _' 20 Jf), and shall remain in effect until such time as the Defendant is no longer released on bail/bond for the offense specified above, unless otherwise specified herein. VIOLATION OF CONDITIONS OF BOND SHALL RESULT IN THE REVOCATION OF BOND AND THE RETURN OF THE DEFENDANT TO CUSTODY. Icertify that on this date and in open court, the above named Defendant has been advised and instructed as to this Order and the Conditions of Bond contained herein. Signed at V,' 30 {k.yi. / P.M. on the 3 day of kj s L j ,20 1$ Jb3o Opritfl l5- THE STATE OF TEXAS IN THE _ :' vs. OF ,etf BuvjH ) WICHITA COUNTY, TEXAS ORDER APPOINTING ATTORNEY Pursuant to application for court appointed counsel for indigent defendant heretofore presented to the Court, and after having given the same due consideration, the Court is of the opinion that an attorney should be appointed to represent the defendant in the above entitled and numbered cause. It is ordered that (the Public Defender or _ , a practicing and qualified attorney) be, and said attorney is hereby appointed as attorney for the defendant in the above entitled and numbered cause. This appointment is effective the date of this order, or such earlier date as actual notice of such appointment may have been given to said attorney, if the same appears anywhere in the record of this cause. If the Public Defender is not appointed, said attorney is among the next five names on the applicable appointment list for the offense charged. Said attorney is not among the next five names on the applicable appointment list for the offense charge and the good cause for this attorney to be appointed is: Denied - not indigent. Signed this _ _ day of 11 lv|_ , 2Ol0>. JUDGE PRESIDING COPIES MAILED TO: " " ÿ ' IV' riVK ;• U; Attorney: _ __ Attorney s Phone ff H4p) ~7t£ Lf "??! °l H " Court Administrator Defendant: _ HI 14 USE INK PENS ONLY - NO PENCILS BOOK-IN # .-4 CJ J _ R6llo59l j DECLARATION1 OF INABILITY TO HIRE COUNSEL CASE NO(S): CHARGE(S): Misd. __ p-p-.. FelonyÿÿM?ffiirV JUL 0 6 2015 AND REQUEST FOR COURT-APPOINTED COUNSEL UMU "I STATE. UNDER OATH AND SUBJECT TO BEING CHARGED WITH PERJURY. THAT THE FOLLOWING ANSWERS TO THE FOLLOWING QUESTIONS ARE TRUE. 1 AM ASKING FOR COURT -APPOINTED COUNSEL." 1. W hat is vour full legal name? Bi~ YA rJ i _ °'/ C *2 2 C'xJjch tfe. F$[L5~[fc. "Poicb / 1/f 7_ What is the street address, town, state, and zip code where you live? f T S> fyp What is vour date of birth? ! Q ÿ 2 \ { H5 1 0b 21 S 2. Are you a U. S. citizen? if you answered "No" to this last question, what is your country of citizenship? 3. What is the telephone number where you live? 7C'/- 2(ÿ1_ What is your cell phong.nutnber? 4. Who pays for the house or apartment where you live? fA C hhiSy i/\it t/Lgi&J* how- js this person related to vou? UJ /T.J2-_ How much do they pay each month?S ST How many people live in the bouse or apartment where you live? 2 About how much money do all the adults that you live with make together each month?S 5. Do you have any children? N Do you get child support? -1A1 How much each month?S 0* If your children do not live with yÿou, do you pay child support? £ How much each month? 5 0 0. Do you have a job?_AA3_ Where do you work? I* ljifA At S iT? / __ How much do you get paid? S IZVO0 ( mo./wk.) If you don't work right now, when is the last time you had job? \)/ft Where did you work? _ AJ //) When is the last time you got paid? f0' f 3 How much?S p/ttV /? _ yb* iJp Do you get any welfare, disability, pension or unemployment benefits? 7-ÿs. What kind? A btUti/ SÿPÿ/ j/A . Pp.'J ÿItfJ How much total each month? S / 2ÿ _ ÿ 7. Do you own a car or a truck or a motorcycle? /f ÿ Which ? C J- £ ____ Is it (are they) paid for? Y'L ÿ How much is it (are they) worth? S f? dOe~ 8. Do you own a house or any land? X c' Which? .AJ Is it paid for? AJ M What is it worth? S A' /ÿ 0. Do you own any furniture, appliances, televisions, stereo, or jewelry? S How much is it all w orth? S__5j2£4_ 10. Do you have any cash anywhere? /ÿ* ÿ How much? S 0 Do you have any bank accounts? 6 How much money do you have in the bank? S 'ÿ 1 ÿ °L _ 11. Are you in jail? XL'S How much is your bond? S /j , O GO _ Can you make your bond? AJ _ AJ / _ _ A' /A_____ How much are you pay ing your bondsman? S_ __ ea. mo./w k. Can anyone else make your bond? AJ Who? ft IIyou have already made bond, who 12. is your bondsman? Can you borrow any money from anyone to hire a lawyer? A/ 3 W ho can you borrow the money from?_ AjJP _ 13. Was anybody else charged with this offense with vou? Who? Xi F%- A /i£ > £f o iaaJc. pz/T-'j I HEREBY AUTHORIZE THE COURT ADMINISTRATOR TO VERIFY THIS INFORMATION FROM ANY SOURCE. f$ |*l \"J. ..... i N.TorxvV r\ /v" /*J M WALKER Notary Public, Stale ol Texas My Commission Expires 07-09-2018 \JL $.*}** &ir THE STATE OF TEXAS § IN THE ,>(>'" OiS ERIC IVCOI R I VS. JEFF PEYTON § WICHITA COUNTY, TEXAS REQUEST FOR COMPLIANCE WITH ARTICLE 39.14 OF THE TEXAS CODE OF CRIMINAL PROCEDURE MAY IT PLEASE THE COURT: Comes now the attorney of record for the defendant in this cause, and submits this formal request to the attorney representing the State to comply with article 39.14 of the Texas Code of Criminal Procedure to producing and permitting the inspection and the electronic duplication, copying, and photographing, by and on behalf of the defendant of the following: 1 . Any offense reports of any law enforcement officer or officers or investigators involved in the investigation, arrest, and/or detention of the defendant; 2. Any documents, papers, written or recorded statements of the defendant; 3. Any documents, papers, written or recorded statements of any witness; 4. Any photographs, audio or video recordings of the defendant, witnesses, victims, or alleged crime scenes; 5. Any books, accounts, ledgers, letters, photographs, or other tangible objects involved in the investigation and/or prosecution of this offense; 6. Any tangible property of any type seized during any arrest, search, and/or detention of the defendant; 7. Any evidence which is exculpatory, impeaching, or mitigating including, but not limited to documents, items or information in the possession, custody, or control of the State, any law enforcement agency, or any State agency; 8. The names, current addresses, and current telephone numbers, of any witnesses which may be called by the prosecution in this cause pursuant to Rules 702, 703, and 705 of the Texas Rules of Evidence; and 9. The criminal history of each and every person the prosecution may call as a witness in this cause. TCCP 39.14 request 20 This request does not include the work produet of the State's attorney in this cause or investigators employed by the State's attorney, or their notes, or written communications between the State's attorney and an agent, representative, or employee of the State. However, it does extend to all items requested herein that are in the possession, custody, or control of the State's attorney or any person under contract with the State. The State's attorney may provide electronic duplicates of any documents or other information. This request extends to any time before, during or after trial that the State, its agents, servants, and/or employees discover any additional document, item, or information required to be disclosed pursuant to article 39.14(h) of the Texas Code of Criminal Procedure requiring the State's attorney to promptly disclose the existence of documents, items or information to the defendant, his/her attorney of record, and the Court. Additionally, defense counsel hereby requests that the State electronically record or otherwise document any documents, items, or other information provided pursuant to this request, setting forth each document, item or other information and the date and time same was provided to defense counsel. Defense counsel requests that the State's attorney comply with these requests as soon as practicable. Respectfully submitted, OFFICE OF THE PUBLIC DEFENDER WICHITA COUNTY, TEXAS 600 Scott Street, Suite 204 Wichita Falls, Texas 76301 Telephone: (940) 766-8 1 99 Facsimile: (940) 766-8198 By: BrenrjoliÿB'radyÿ State Bar No. 24038120 Attorney for the Defendant i TCCP 39.14 request 21 CERTIFICATE OF SERV ICE This is to certify that on the date of filing, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Wichita County, 900 7lh Street, Wichita Falls, Texas 76301, by hand delivery. BrennotfFh-ady Attorney for Defendant TCCP 39.14 request 3 22 CAUSE NO. 56208-A THE STATE OF TEXAS IN THE 30 DISTRICT COUR ÿOuris 4 Ooufty Qrÿ, VS. OF i„ Wichita CoV/rihi t JEFFREY BRYAN PEYTON WICHITA COUNTY, TEXAS Pretrial Waiver of Arraignment, Request for Notice of Extraneous Offenses and Defendant's Objection to Evidence 1. Appearance and Waiver of Arraignment The undersigned counsel appears as lawyer on behalf of the defendant in this case and waives the formal arraignment of the defendant. The defendant enters a plea of "not guilty''' to all charges and a plea of "not true" to all enhancement allegations. 2. Request for Notice The defendant timely requests that the prosecuting attorney for the State of Texas give counsel reasonable notice in advance of trial of the State's intent to introduce any evidence of extraneous offenses, crimes, wrongs, convictions and/or "bad acts" in the trial of this case and under the following particular circumstances: 1. In the State's case-in-chief such evidence other than that arising in the same transaction. See Tex. R. Evid. 404(b). 2. In the State's effort to impeach a witness during the trial of this cause. See Tex. R. Evid. Rule 609 (0. See e.g. Cream v. State, 768 S.W.2d 323, 326 (Tex. App. — Houston 1 14lh Dist.] 1989, no pet.). 3. In the State's casc-in-chief such evidence as is described in Tex. Code Crim. Pro. art. 38.37 § 2. See Tex. Code Crim. Pro. art. 38.37 § 3; see e.g. Howland v. State, 990 S.W.2d 274, 277 (Tex. Crim. App. 1999); Hitt v. State, 53 S.W.3d 697, 705 (Tex. App. — Austin 2001, pet. refd.). 23 4. During the punishment phase of trial or of issues associated with the punishment or sentencing of the defendant. See Tex. Code Crim. Pro. art. 37.07 § 3(g). 5. If any extraneous crime or bad act that the State seeks to introduce has not resulted in a final conviction in a court of record or a probated or suspended sentence, then the date on which and the county in which the alleged crime or bad act occurred and the name of the alleged victim of the crime or bad act shall also be set forth in the State's notice pursuant to the above article. See Tex. Code Crim. Pro. art. 37.07 § 3(g). 3. Defendant's Objection to Evidence In addition to the foregoing request the defendant hereby objects to the State's attempt to offer evidence without a sponsoring witness pursuant to the procedure outlined in Tex. Code Crim. Pro. art. 38.41. In lieu of live courtroom testimony Article 38.41 permits evidence through the filing of a certificate of analysis according to Art. 38.41 § 4. This right is unavailable if the defendant objects. The defendant objects and demands the opportunity to confront and cross-examine all of the witness-analysts who conducted any laboratory analysis of the physical evidence in this case or any of the physical evidence the State intends to introduce relevant to any extraneous offenses, bad acts or wrongs. See U.S. CONST. Amend. VI; Tex. Const. Art. 1 § 10; Tex. Code Crim. Pro. art. 1.05. 24 Respectfully submitted, OFFICE OF THE PUBLIC DEFENDER 600 Scott Street, Suite 204 Wichita Falls, Texas 76301 Telephone: (940)766-8199 Facsimile: (940)716-8561 Brefmon D. Brady State Bar No. 24038120 Attorney for the Defendant CERTIFICATE OF SERVICE Ihereby certify that a copy of the above document was served upon all opposing counsel according to the applicable rules of procedure on the date of the filing of this Motion. 25 Criminal Case No. 56208-A THE STATE OF TEXAS Cifv IfcOHtcj THE STATE OF TEXAS § IN THE 30ÿ iXy : § ?>sr V. § OF _ l>ÿ(e O ÿ Jt f-fr C J DÿTXs_ Received: /'V\ /V\qr l~ T\ÿlgls Date: IT / \ _L v . -r r'A'n f r'Lsyrÿ zx vioU\ lJySI, Courts & County Gburts at Law ÿ THE STATE OF TEXAS § IN THEÿÿEÿSfg QQtlHiT V. § OF § JEFF PEYTON § WICHITA COUNTY, TEXAS APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING BAIL REDUCTION TO THE HONORABLE JUDGE OF SAID COURT: Now comes JEFF PEYTON, Defendant, by and through his attorney of record, and makes this Application for Writ of Habeas Corpus Seeking Bail Reduction, and for good cause shows the following: 1. JEFF PEYTON was arrested on July 2, 2015 and is presently confined in the Wichita County Jail charged with Criminal Solicitation of Capital Murder , a first degree felony. 2. Bail has been set in this case in the amount of $100,000.00. JEFF PEYTON has been held under bail of $100,000.00 since the date of his arrest. 3. JEFF PEYTON's confinement and restraint is illegal because his bond is excessive, oppressive and beyond his financial means, in violation of the Eighth and Fourteenth Amendments to the United States Constitution, Article I, §§ 11, 13 and 19 of the Texas Constitution, and Articles 1 .09 and 17. 1 5 of the Texas Code of Criminal Procedure. 4. JEFF PEYTON respectfully requests this Court to grant him a personal recognizance bond because he cannot afford to make bail in any amount. Unless a personal recognizance bond is granted, he will be forced to remain in jail pending 33 disposition of this case. 5. In the alternative, JEFF PEYTON respectfully requests the Court to conduct an evidentiary hearing and, after receiving evidence, reduce bail to a reasonable amount in order that JEFF PEYTON may be able to obtain release from incarceration pending trial. WHEREFORE, JEFF PEYTON prays that Court direct the Sheriff of Wichita County, Texas to produce JEFF PEYTON before this Court at such time and place to be designated by the Court, for an evidentiary hearing. JEFF PEYTON further asks the Court to grant him a personal recognizance bond or, in the alternative, set bail in a reasonable amount. Respectfully submitted, OFFICE OF THE PUBLIC DEFENDER 600 Scott Street, Ste. 204 Wichita Falls, Texas 76301 (940) 766-8199 (940) 716-8561 Brennon Brady Attorney for Defendant State Bar No. 24038120 34 CERTIFICATE OF SERVICE This is to certify that on the date of tiling, a true and correct copy of the above and foregoing document was delivered to the District Attorney's Office, Wichita County, Wichita County Courthouse, 900 7lh Street, Wichita Falls, Texas 76301, by hand delivery. Brennon Brddy. Attorney for Defendant 35 AFFIDAVIT THE STATE OF TEXAS § § COUNTY OF WICHITA § BEFORE ME, the undersigned authority, on this day personally appeared Brennon Brady, Assistant Public Defender, who being by me duly sworn, upon oath deposes and says, "I am Brennon Brady, attorney for the defendant in this cause; I have read the above and it is true and correct to the best of my knowledge." Affiant SUBSCRIBED AND SWORN TO BEFORE ME on , 2015, to certify which witness by hand and seal of office. ! ÿÿ ÿ: JEFFREY PEYTON WICHITA COUNTY, TEXAS ORDER DENYING WRIT OF HABEAS CORPUS On this the 22nd day of January 2015, came for consideration Defendant's Application For Writ of Habeas Corpus Seeking Bail Reduction. The Court after hearing the evidence and considering the law applicable to the case hereby DENIES the bail reduction. Bail is continued in the amount of $1,000,000.00. Signed on this the 22nd day of January 2015. > , ' ) ) L L (. lLUlO ' Presiding Judge 30th District Court 38 > , si v A\ f-nfÿ 4j 5 C Z£g~ /I M *»' >. 'J A } jl(rnÿ'uM(jL ÿxc/ÿe QqA- P/lÿAUaAÿ CVYV C*.A/\j\A vdJ!ÿ ajyicÿaAjAcd'e J CkAz ~AQjl UJc'ÿAjXÿ, J CuJL , PtLZ. /t& AGjL fW-tCtuAAÿ ti Aaiÿ2Suÿÿi.JSjÿ 'Ml&Jc (XfAjSÿksiK oJAix-Ajniÿ &xcLu.(4ji_ ÿ /$xÿ (IjÿaALxsl. oÿMUL .Hal Aÿ2ÿAA\,tjjj ~fctr fvAJÿ CÿXjl, yÿLixA- ci-v-J > ÿAuy v-\ (AJ.lLL $JL CjAJurfAÿ Aÿÿyi£XUAAÿJ L f , jinuxeAjdbÿ s&£ fÿJU ÿjirrrx / Br/aAJ rgr'ÿOKj P\&b22i £-0. ?9/r:? l£ir ÿfA'A-J) ÿMg c ÿÿjfgTh (p--gAyÿ-ggÿz 'ÿmAg ;g •/'' „ „ ''J' ZdpAk4%AZLp47 NO. 56208-A JAM 2 8 2tfiS THE STATE OF TEXAS § IN THE 30™ § VS. § OF / § JEFF PEYTON § WICHITA COUNTY, TEXAS NOTICE OF APPEAL NOW COMES, JEFF PEYTON, Defendant in the above entitled and numbered cause, and hereby gives NOTICE OF APPEAL from the order denying the defendant's application for writ of habeas corpus. Respectfully submitted, OFFICE OF THE PUBLIC DEFENDER 405 Wichita County Courthouse Wichita Falls, Texas 76301 (940) 766-8199 Brennon D. Brady Attorney for Defendant State Bar No. 24038120 40 CAUSE NO. 56208-A AT: ...... . MLED hfcjfi RfcCOtÿc ÿ O'Cloqk - M JAN 2 8 2 (MS THE STATE OF TEXAS § IN THE 30 1 H DIST fkUfcf Catfils at Law Wichita Counjfttfex&s / Hp* / ' V. § OF JEFF PEYTON § WICHITA COUNTY, TEXAS TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL I, judge of the trial court, certify this criminal case: _ is not a plea-bargain case, and the defendant has the right of appeal. _ is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendant has the right of appeal. _ is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. X involves another appealable order: Application for Writ of Habeas Corpus. _ is a plea-bargain case, and the defendant has NO right of appeal. _ the defendant has waived the right of appeal. CC T i'ÿ l*~ ' i i II- ÿ Judge Date Signed I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals' judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the court of appeals. Tex. R. App. P. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review. Defendant / Defedafrt's'Counsel Mailing address: State BarofTX ID #24038120 Telephone number: Mailing address: 600 Scott St. Ste. 204, WF, TX Fax# (if any) 76310 Telephone number: 940-766-8199 Fax# 940-716-8561 41 No. 56208-A THE STATE OF TEXAS * IN THE 30pi VS. * OF AT: _C4-±-~ // I O'CioOk M * JEFFREY BRYAN PEYTON * WICHITA COUNTÿH'lM-A§1f ) PATTI FLGRE5, Cterk Disk Courts & County Courts at Lav/ Wichita County, Tjjxas ORDER SETTING PRETRIAL CON KfcREXCE. 1. The Pretrial Conference is scheduled for April 29, 2016 at 09:00am. The sole purpose of the Pretrial Conference is to announce to the Court whether the case will be disposed of by the entry of a plea of guilty or will remain on the trial docket. Counsel for the State is ORDERED to make its settlement offer, if any, to counsel for the Defendant at least seven (7) days in advance of the Pretrial Conference, and counsel for the Defendant is ORDERED to communicate the settlement offer, if any, to the Defendant at least twenty-four (24) hours prior to the Pretrial Conference. 2. Leave of Court is hereby granted for the filing of pretrial motions after the date of this order. subject to the deadline set out below. 3. Pretrial motions must be filed no later than fifteen (15) days prior to the date of the Pretrial Conference. Any party needing a hearing on any pretrial motion must make a request for hearing, in writing, to the Court Administrator no later than fifteen (15) days prior to the date of the Pretrial Conference. All such hearings will be set at least seven (7) days prior to the Pretrial Conference. 4. Agreed Pretrial Orders, such as the order prepared by the Wichita Public Defender's Office, must be signed by counsel for the State and defense and will be entered by the Court without the necessity of a hearing. SIGNED the 29th day of January, 2016. ( L c Ln UV 1 JUDGE PRESIDING Criminal District Attorney's Office: JOIFN GILLESPIE BRENNON BRADY JEFFREY BRYAN PEYTON - JAILED 42 AT ' 4EED FOR RECORD NO. 56208-A 1* EB 0 2 ZJ16 --- r.PAJrLFi?,;iFS' Clerk Dist. Goÿ® & c%pty Courts at Law THE STATE OF TXAS § IN THE 30|h DlSlÿr —-- \ — — l_Deputy vs. § OF JEFFREY BRYAN PEYTON § WICHITA COUNTY, TEXAS DESIGNATION OF CLERK'S RECORD AND REQUEST FOR REPORTER'S RECORD TO THE DISTRICT CLERK: 1. Index; 2. The Defendant's Application for Writ of Habeas Corpus; 3. The Order Defendant's Application for Writ of Habeas Corpus; 4. The written Notice of Appeal; 5. The notes of the reporter (reporter's record) a separate request has been made to the reporter. 6. All other written papers maintained by you in the file of this cause; 7. This designation of record and request for reporter's record. TO THE OFFICIAL COURT REPORTER: The above-named defendant having previously been determined indigent hereby requests that you prepare a reporter's record in this case for submission on appeal. Defendant requests that you prepare this reporter's record in accordance with the Texas Rules of Appellate Procedure and file this record in the appropriate time (including any extensions). Defendant request that this record include all Designation of Record Page 3 43 proceedings taken by you in the hearing on Defendant's Application for Writ of Habeas Corpus held on January 22, 2016. A COPY OF THE DOCUMENT HAS BEEN HAND-DELIVERED TO THE OFFICIAL COURT REPORTER. Respectfully submitted, WICHITA COUNTY PUBLIC DEFENDER'S OFFICE 600 Scott Ave., Suite 204 Wichita Falls, Texas 76301 (940) 766-8199 (Tel.) (940) 716-8561 (Fax) By: _ ._ ÿ : _ Brennon D. Brady State Bar No. 24038120 CERTIFICATE OF SERVICE *! On the J_ day of February, 2016, a copy of the foregoing document was served upon the Wichita County District Attorney, Wichita County Courthouse, Wichita Falls, Texas, by hand-delivery.. Brennhn D. Brady Designation of Record Page J 44 STATE OF TEXAS Vs. CJ forÿOOA PcMÿTN 56208-AOffense £jr ImrU>\«J2 No. 9-5- ÿol lC.HijdnJY\ Dr Cup UVU. f