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March 11, 2013

Conviction to be appealed again

A state appeals court is scheduled later this month to consider the case of a Rains County man, convicted and sentenced to prison twice for shooting the husband of his girlfriend.

The Sixth Court of Appeals in Texarkana is scheduled to receive an appeal brief March 26 concerning the conviction of James Earl Lemons of Point.

In June 2012, Lemons was sentenced to 17 years in the Texas Department of Criminal Justice-Institutional Division, following a trial in the 354th District Court. Lemons’ first conviction on the charge of aggravated assault with a deadly weapon was overturned by the Sixth District Court.

But a jury found Lemons guilty again June 7, following a three day trial. The sentence was handed down by Judge Richard A. Beacom one week later.

Lemons was convicted by a Hunt County jury in March 2010 and was sentenced to 17 years in prison.

The appeals court reversed Lemons’ earlier conviction in February 2011, citing he received ineffective assistance from his defense counsel during trial, and remanded the case back to the district court.

Lemons was indicted in August 2009 for allegedly using a shotgun to shoot the husband of his then-girlfriend at a residence along FM 1569.

The appeals court ruled that Lemons’ defense counsel failed to raise evidence during the trial that the victim was the only person to identify Lemons as the shooter, after initially naming another man, which should have cast doubt on the victim’s credibility.

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