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IV. ConclusionWhether based on lack of notice that sentences may be cumulated, or the trial court’s decision to cumulate sentencesabsent a jury-finding of reasons for doing so, Defendant’s Texas and federal rights to due process of law and duecourse of law, and his Sixth Amendment right to a jury determination of factors affecting the maximum punishment,were violated.WHEREFORE, Defendant moves this Court to correct his judgment and delete that part which cumulates hissentences.Respectfully submitted,_________________________________________Richard G. FergusonOne Liberty Place100 N. 6th Street, Ste. 701Waco, Texas 76701Tel: (254) 296‐0622Fax: (254) 754‐4824By:Richard G. FergusonState Bar No. ___________CERTIFICATE OF SERVICEThis is to certify that on _______________, a true and correct copy of the above and foregoing motion was sentor delivered to __________ at the District Attorney’s Office, __________________.______________________________________Richard G. Ferguson32 VOICE FOR THE DEFENSE October 2005
A RESOLUTION BY THE TCDLA BOARD OF DIRECTORSTO ADOPT A STATEMENT RELATING TOATTORNEY TAXATIONWHEREAS the Governor of Texas will convene a Special Session of the Texas Legislature beginningApril 17, 2006;WHEREAS the Special Session will focus on the funding of public education;WHEREAS the Legislature is expected to address the issue of taxation on legal services as one possiblesource of revenue for the funding of public education;WHEREAS the Legislature has not indicated its intent to impose a tax for this purpose on any otherprofession in the state;WHEREAS the State Bar of Texas has released a statement calling for fairness in taxing all professions;WHEREAS the Texas Criminal Defense Lawyers Association agrees with the State Bar of Texas thattaxation should be imposed equitably on all professions;THEREFORE BE IT RESOLVED that the Texas Criminal Defense Lawyers Association adopts the followingStatement:The Texas Criminal Defense Lawyers Association is committed to excellence in thepublic education of Texas children. It remains committed to ensuring that the fundingof that system be fair and encourages the Legislature to treat all professions equitablyand fairly. The Texas Criminal Defense Lawyers Association calls upon other professionsin the state to share that vision and commitment to fairly funding public educationin Texas.Approved this 6th day of March, 2006.Do YOU or someoneyou knowhave a problemwith alcohol?Help is available.Texas Lawyers Assistance Program (TLAP)1.800.343.8527Take the first step ... make the call, get the help.TLAPconfidential
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