GREENVILLE —
A little more than two years after being sentenced to prison for shooting the husband of his girlfriend, a Rains County man was sent back to prison Friday for the exact same term.
James Earl Lemons, 49, of Point, was sentenced to 17 years in the Texas Department of Criminal Justice-Institutional Division, during a hearing Friday morning in the 354th District Court.
James Earl Lemons’ previous conviction on the charge of aggravated assault with a deadly weapon was overturned on appeal.
But a jury found Lemons guilty again June 7, following a three day trial.
Lemons was convicted by a Hunt County jury in March 2010 and was sentenced to 17 years in prison.
The Sixth Appellate District of Texas at Texarkana reversed Lemons’ conviction in Febuary 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 girlfriend.
Darryl Cox was shot in the stomach on the night of Sept. 7, 2008 at his residence along Farm-To-Market Road 1569.
During interviews with family members shortly after the shooting, Karen Curtis Cox said she had a picture of Lemons on the computer at the residence and later admitted he was her boyfriend, but said she did not think he could have been the one to shoot Darryl Cox.
Karen Cox had a charge of hindering apprehension in connection with the same incident dismissed.
The appeals court ruled that Lemons’ defense counsel failed to raise evidence during the trial that Darryl Cox 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.
The charge is a second degree felony, punishable upon conviction by a maximum sentence of from two to 20 years in prison.
Local News
June 16, 2012
Man sentenced again for second time in 2008 shooting
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