³ Jester Road 500 E. San Antonio, Suite'201 Richmond, TX 77406 El Paso, TX 79901 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 08-17-00063-CR Trial Court Case Number: .20030D03096 Style: Donald Turner v. The State of Texas . , ". . The Honorable Court of Appeals today rendered judgment dismissing the appeal, in accordance with the opinion of this Court. A copy of the opinion and judgment has been mailed to the attorney of record for each party. Respectfully yours, DENISE PACHECO, CLERK cc: Honorable Luis Aguilar Norma L. Favela Barceleau COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DONALD TURNER, No. 08-17-00063-CR Appellant, Appeal from v. 243rd District Court THE STATE OF TEXAS, of El Paso County, Texas Appellee. (TC # 20030D03096) JUDGMENT The Court has considered this cause on the record and concludes the appeal should be dismissed for lack of jurisdiction, in accordance with the opinion of this Court. We therefore dismiss the appeal. We further order that this decision be certified below for observance. IT IS SO ORDERED THIS 26TH DAY OF APRIL, 2017. ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. State of Texas Cause # CRA-15.796 In the 1 42nd District Court of Midland County, Texas F DONALD 'ALLEN TURNER yinits c«TO/E33t/&d: t/0.O&£> &o oeputy Offense: AGGRAVATED SEXUAL ASSAULT INDICTMENT IN THE NAME AND, BY AUTHORITY OF THE STATE OF TEXAS: THE GRAND JURY, for the County of Midland, State of Texas, duly selected, empaneled,; sworn, charged, and organized as such by the District Court fob said County, upon their oaths present in and to. said court that DONALD ALLEN TURNFR hereinafter styled Defendant, on or about the 16th day of Apri 1 A.D., 19 ftQ and before the presentment of this indictment, in the county and State aforesaid, did then and there intentionally and knowingly cause an object, to-wit: HIS FINGER, to penetrate the female sex organ of C.D. and ,the said C.D. was then and there a child younger than 14 years of age and not the spouse of the said DONALD.ALLEN TURNER, COUNT II AND THE GRAND JURORS AFORESAID, upon tneir oatns aforesaid, do further present in and to said court that on or about the,16th'day of April A.D., 1989, -i-n «s'a id. -coun ty -and '-s-t^at-e ,- -~a;nd<-ah-t-erior io .the-presentment of this indictment, DONALD ALLEN TURNER, did then and there intentionally and knowingly cause-an object, to-wit: HIS FINGER, to penetrate the female sex organ of P.D. and the said P.D. was then and there a child younger than 14 years of age and not the spouse of the said DONALD ALLEN TURNER, COUNT III AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 11th day of March A.D., 1989, in said county and state, and .anterior' to the presentment of this indictment, DONALD ALLEN TURNER, did then and there intentionally and knowingly cause an object, to-wit: HIS FINGER, to penetrate, the female sex organ of KELLY MCCARTY and the sa'.id KELLY MCCARTY was then and ther.e a child younger than 14 years of age and not the spouse of the said DONALD ALLEN TURNER, COUNT IV ' • AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do f u r th s r present in and to s?id c o ur t that on o *~ about the* 3 0th day of September A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with B.D., a child younger than 17 years of age and not the spouse qf the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said B.D, CRA-15,796 o COUNT V AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 13th day of July A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with M.G., a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said M.G., COUNT VI AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of July A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with COLLEN MCCARTY, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by. then and there touching a part of the genitals of the said COLLEN MCCARTY, COUNT VII AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 15th day of August A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with SUSAN CHAMBER, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said SUSAN CHAMBER, COUNT VIII AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 27th day of May A.D., 1987, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with S.J., a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said S.J., COUNT IX AND THE .GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of April A.D., 1989, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with D.G., a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said D.G., COUNT X AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of April A.D., 1989, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER expose a part of the genitals of the said DONALD ALLEN TURNER to D.G., a child younger than 17 years of age ancl not the spouse of the said DONALD ALLEN TURNER, the said DONALD ALLEN TURNER then and there knowing that the said 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I ' i «u " *•** '- '.>* i \ t-0 ^ *"• * , '(,-•> \"% f '" " * , '„ i V , " ' ' V> / . ' i ! - - " ' -."'' . " V f J ^ 1 •f w ,^4 '^, \f Hf, J',. 5" rt 1. ^ ^* ^ }' f"* ? {. "i A )l ^ " * *' * * ' > „,.,-," . . » , > •>. v ) r i •.« V* * j *" 5 i ^ *. ," *1 ! . f t t •= " * 1 N •'.' • 'h lf»^^ - f "> r V,. / * _ 1 f%. i 4 I . - , < '«• S- v 1.1 ^ ^ , . " '•>( " '» *.. - >^\kfli" f,-v - -.^'".^ - -.i,<^*,i —£"'"--s/^i"'^1^^ '• i • „•*.'""' ^ „"^r ' . \ -. ^ ¥ / j , v ^.* . i H«t'v * I, ROSS BUSH, District Cferfc,'" ,/ .- tt VS' ' . < ' Midland County, Texas,do;jiereby certify that '«,;. 1 f this is a true and correct copy as same appears t - „ ^ '% of record in1,my office. Witness myjjand and ,,' ,> „ "* .uJStF^ if"* 6** State "of Texas Cause # CRA-16;o62(2) jWj |l t)\n the 142nd District u L •-j •••••"- -- Court of Midland County, Texas v- 89 AUG 23 PH U'- 37 ViVlAN WOOD. DISTRICT CLERK DONALD ALLEN TURNER MiDLf -«>»»tv/»FJ£AS •/ DEPUTY nJt/O^Q 0 0 - c-o Offense: AGGRAVATED SEXUAL ASSAULT RE'-INDICTMENT INDICTMENT IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: THE GRAND JURY, for the County of Midland, State of Texas, duly, selected, empaneled, sworn, charged, and organized as such by the District Court for said County, upon their oaths present in and to said court that DONALD ALLEN TURNER hereinafter styled Defendant, on or about the 16th day of Apr i 1 A.D., 19 89 and before the presentment of this indictment, in the county and State aforesaid, did then and there intentionally and knowingly cause an- object, ,to-wit: HIS FINGER, to penetrate the female sex organ of SYBIL HUBBARD and the said SYBIL HUBBARD was then and there;a child younger than 14 years of age and not the spouse of the said DONALD ALLEN TURNER, i COUNT II AND THE GRAND JURORS AFORESAID, upon their oaths afore.sa^d, do further present in and to said court that on or about thes 16th day,of April A.D., I989, in said county and state, and anterior to'the presentment of this indictment, DONALD ALLEN TURNER, did then and there intentionally and knowingly cause an object, to-wit: HIS FINGER, to penetrafe the female sex organ ,of SHARLA REDDING and the said SHARLA REDDING was then-and there 'a child younger than 14 years of age and not the spouse of the said DONALD ALLEN TURNER, COUNT III > AND THE GRAND JURORS AFORESAID, up.on, their oaths aforesaid, .do further present in and to said court that on or about the 11th day of March' A.D., 1989, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there intentionally and knowingly cause an object, to-wit: HIS FINGER, to penetrate the female sex organ of KELLY MCCARTY and the said KELLY MCCARTY was then and there a child younger than 14 years of age and not the,spouse of the said DONALD ALLEN TURNER, COUNT IV M\iD the GRAND 'UROPS AFQRFSatd, i'pon their oai'is aforesaid, do further present in and to said court that on or about the 30th day of September A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and! there with the intent' to arouse and 'gratify the sexual desire of the said ' DONALD ALLEN TURNER, engage in sexual contact with JENNIFER MASON, a 'child younger than 17 years of age and not the spouse of the said DONALD^ALLEN TURNER, by then and there touching a part of the genitals of the said JENNIFER MASON, COUNT V AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 1st day of October A.D., 1987, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with WHITNEY GRAY, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said WHITNEY GRAY, COUNT VI AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of July A.D., 1988, in said county and state, and anterior to the presentment Of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with COLLEN MCCARTY, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said COLLEN MCCARTY, COUNT VII AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 15th day of August A.D., 1988, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with LINDSEY COLEMAN, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said LINDSEY COLEMAN, COUNT VIII AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 27th day of May A.D., 1987, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with S.J. a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said S.J., COUNT IX AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of April A.D., 1989, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER, engage in sexual contact with ASHLEY HODGES, a child younger than 17 years of age and not the spouse of the said DONALD ALLEN TURNER, by then and there touching a part of the genitals of the said ASHLEY HODGES, COUNT X AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that on or about the 16th day of April A.D., 1989, in said county and state, and anterior to the presentment of this indictment, DONALD ALLEN TURNER, did then and there with the intent to arouse and gratify the sexual desire of the said DONALD ALLEN TURNER expose a part of the genitals of the said DONALD ALLEN TURNER to ASHLEY HODGES, a child younger than 17 years of age and not the spouse of the said DONALD r AND THE GRAND JURORS AFORESAID, upon their oaths aforesaid, do further present in and to said court that all of the counts contained in this indictment are offenses which arose out of the same criminal episode by the said DONALD ALLEN TURNER prior,to the presentment of this indictment, I, ROSS BUSH, District Clerk, Midland County, Texas, do hereby certify that this is a true and correct copy as same appears of record in my office^Witness u Witness rnjjhand rnv and seal of office on. ..,«•»"""»*»»,. yo-3-n i O \^\(>~-VK slA VY\<*^ UL."~\^ ' X^ ^^^o^ c«^^^/m^^ ' ^ r 1.1, V_^ NAxAU^.^.r c^^ P ^ £>~VV „-t o^ci ^^\XL, \* W^ ' . <^-^N S^> ^ CX * "] < l ^. I ucoooooo GLORIA UDDLEY Notary Public STATE OF TEXAS MyComm. Exp.05-26-20 Notify ID #516017-8 Case Number 15,796 142nd district court, Midland, TX. My name was Tiffarty Turner at the time. I was at this trial and the following people were there and able to testify: Sybill Hubbard Starla Redding Kelly McCarty Jennifer Mason Whitney Grey Colleen McCarty Ashley Hodges Ashley Hodges Signed: CW^/ Ha *& /if^f*^ W' (ajJJ y~Hy State of Washington ) / : ss. County of Snohomish) On this _7 ... day of Cl+<4*o- _, in the year %?i2 „before me "^3m P.Ghjmflto&ffi- . personally appeared rifeW Tun^ k*,.<ll^ m^ known to me to be the person(s) whose name is subscribed to thislnstrument, and acknowledged that he/she executed it. Witness my hand and official seal. YT ^tary^Public in and for the State Of Washington residing atJ^Wi_ My commission expires o >-o ^— >oy ifi<3^iiwH"ir^A&via^'V'".>-'M''--.V*i*' PRIORITY HAIL EXPRESS PflESS FIRMLY TOSEAL POSTAGE REQUIRED PRESS FIRMLY TO SEAL PRIORITY "cy • MAIL * EXPRESS Donald Allen Turner,TDCJ-ID# 1248114 Jester III Unit Q$JRFASTEST SERVICE IN THE U.S. 3 Jester Road Richmond, Texas 77406 M St, , " w, * ffl W fcs-r»a ^ TO: Court of Criminal Appeals of Texas P.O. Box 12308, Capitol Station Austin, Texas ~ 78711 J/VhEN USEpClWERNA ALLY, J SA('CU|T9^a!OEClJpTION ^&&BE| MAYigE REfSlREa * Money Back Guarantee to U.S., select APO/FPO/DPO, and select International EP13F July 2013 OD: 12.5 x 9.5 destinations. See DMM and IMM at pe.usps.com for complete details. L + Money Back Guarantee for U.S. destinations only. ^(kTES POSl^, dc i n n n i n n n n n z visit us at iisps nniwr UNITEDSm