CAUSE NO. 16CR0129

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	10th JUDICIAL DISTRICT	
	§		
ROBERT WESLEY FAIRCLOTH	§	GALVESTON COUNTY, TEXAS	

	MOTION FOR A FREE TRANSCRIPT

TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes Robert Wesley Faircloth, Defendant in the above styled and numbered cause, by and through his attorney of record, and respectfully moves this Honorable Court to allow the Defendant to obtain a free transcript of the hearing held in the 10th District Court on November 10, 2016 in Cause No. 15CR0122, The State of Texas v Pablo Ariza Gonzales and for good cause shows the following:
	1.	Robert Wesley Faircloth is charged with the First Degree Felony offense of Possession of a Controlled Substance with Intent to Manufacture or Deliver. 
	2.	The Defendant had filed a Motion for Disclosure of Withheld Information and a Motion to Suppress in this cause.  
          3.           On November 10, 2016 a hearing was held in the 10th District Court in the case of Texas v. Pablo Ariza Gonzales. That hearing involved the same issues as the Motion for Disclosure of Withheld Information filed by defendant Robert Wesley Faircloth and some of the same issues as the Motion to Suppress filed in Defendant Robert Wesley Faircloth’s case. 
          4.             The Galveston County Criminal District Attorney Office First Assistant Criminal District Attorney Kevin Petroff testified at the Gonzales hearing on November 10, 2016 regarding the systemic practices and policies of the Galveston County Criminal District Attorney Office regarding the gathering and providing of Brady and Morton material to defense attorneys. This testimony is crucial to the hearing on the same subject in this case. The defense may be able to offer the transcript in lieu of subpoenaing Mr. Petroff to make the necessary record for relief in this cause. In the event Mr. Petroff testifies in person at the hearing in this cause then said transcript is necessary to effectively cross examine him.
        5.    The Defendant Robert Wesley Faircloth receives his rights to effective assistance of counsel, cross-examination and confrontation of witnesses, and compulsory process, guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article I, § 10 of the Texas Constitution; also his right to due process and due course of law, guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, §§ 13, 19 and 29 of the Texas Constitution; and, his right to the equal protection of the law, guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, Sections 3 and 3a of the Texas Constitution.
	4.	Appointed counsel is entitled to reimbursement for reasonable expenses incurred in the defense of this case.   Tex. Code Crim. Proc. Ann. art. 26.05(d).
	5.	Undersigned counsel was appointed to represent Defendant Robert Wesley Faircloth, who is indigent.  This indigence prevents defendant from paying for said transcript with his own funds. 
	.
	WHEREFORE, PREMISES CONSIDERED, Defendant Robert Wesley Faircloth    prays that this Court order that he be provided a transcript of the hearing held on November 10, 2016 in Cause No. 15CR0122 at no cost. 
Respectfully submitted,

 _______________________________                                                                          
CRISS & ROUSSEAU LAW FIRM, L.L.P.
SUSAN CRISS
Attorney for Defendant
State Bar No. 06630475
719 59th St. 
Galveston, Texas 77551
(409) 515-6176
Fax (409) 763-1508

	CERTIFICATE OF SERVICE
	This is to certify that on November 14, 2016, a true and correct copy of the above and foregoing document was served on the Galveston County Criminal District Attorney's Office by hand delivery.

	
Susan Criss

	

                                                   CAUSE NO. 16CR0129

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	10th JUDICIAL DISTRICT	
	§		
ROBERT WESLEY FAIRCLOTH	§	GALVESTON COUNTY, TEXAS	

	ORDER GRANTING DEFENDANT’S MOTION FOR A FREE TRANSCRIPT
	On                                        , 2016, came on to be heard Robert Wesley Faircloth’s Motion For A Free Transcript to assist in the preparation of the defense.
	This Court, after reading the pleadings and hearing the argument of counsel, is of the opinion that said motion should be granted:
	
	SIGNED on 	________________, 2016.

________________________________   
JUDGE PRESIDING