ACCEPTED 12-14-00368-CR TWELFTH COURT OF APPEALS TYLER, TEXAS Appellate Docket Number: 12/30/2014 5:15:26 PM CATHY LUSK CLERK Appellate Case Style: Style: John Calvin Marshall Vs. State of Texas FILED IN Companion Case: 12th COURT OF APPEALS TYLER, TEXAS 12/30/2014 5:15:26 PM CATHY S. LUSK Amended/corrected statement: Clerk DOCKETING STATEMENT (Criminal) Appellate Court: (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) First Name: John Lead Attorney Middle Name: Calvin First Name: Forrest Last Name: Marshall Middle Name: Dean Suffix: Last Name: White Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Dean White Attorney at Law Address 1: 690 West Dallas Address 2: City: Canton State: Texas Zip+4: 75103 Telephone: (903) 567-4155 ext. Fax: (903) 567-4964 Email: dwatty@etcable.net SBN: 21299500 Add Another Appellant/ Attorney Page 1 of 6 I. Appellant II. Appellant Attorney(s) First Name: John Lead Attorney Middle Name: Calvin First Name: Nolan Last Name: Marshall Middle Name: Dean Suffix: Last Name: White Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Nolan D. White Attorney at Law Address 1: 690 West Dallas Address 2: City: Canton State: Texas Zip+4: 75103 Telephone: (903) 567-4155 ext. Fax: (903) 567-4964 Email: nwatty@etcable.net SBN: 24039238 Add Another Appellant/ Attorney I. Appellant II. Appellant Attorney(s) First Name: Lead Attorney Middle Name: First Name: Last Name: Middle Name: Suffix: Last Name: Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Address 1: Address 2: City: State: Texas Zip+4: Telephone: ext. Fax: Email: SBN: Add Another Appellant/ Attorney Page 2 of 6 III. Appellee IV. Appellee Attorney(s) First Name: State of Texas Lead Attorney Middle Name: First Name: Chris Last Name: Middle Name: Suffix: Last Name: Martin Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Van Zandt County Criminal District Attorney Address 1: 400 S. Buffalo Address 2: City: Canton State: Texas Zip+4: 75103 Telephone: (903) 567-4104 ext. Fax: (903) 567-6258 Email: chrismartin@vanzandtcounty.org Add Another Appellee/ SBN: 24050016 Attorney V. Perfection Of Appeal, Judgment And Sentencing Nature of Case (Subject matter Was the trial by: jury or non-jury? Burglary or type of case): Date notice of appeal filed in trial court: December 30, 2014 Type of Judgment: Jury Trial If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: October 3, 2014 Offense charged: Burglary with Intent to Commit Felony Punishment assessed: 25 Years TDCJ-ID Date of offense: April 23, 2011 Is the appeal from a pre-trial order? Yes No Defendant's plea: Not Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If guilty, does defendant have the trial court's certificate to appeal? Yes No Yes No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes No If yes, date filed: October 29, 2014 Motion in Arrest of Judgment: Yes No If yes, date filed: October 29, 2014 Other: Yes No If yes, date filed: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit) Motion and affidavit filed: Yes No NA If yes, date filed: Date of hearing: NA Date of order: NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling: Page 3 of 6 VIII. Trial Court And Record Court: 294th Judicial District Court Clerk's Record: County: Van Zandt Trial Court Clerk: District County Trial Court Docket Number (Cause no): CR11-00070 Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: If no, date it will be requested: January 10, 2014 First Name: Teresa Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Drum Suffix: Address 1: 121 E. Dallas Address 2: Suite 301 City: Canton State: Texas Zip + 4: 75103 Telephone: (903) 567-4422 ext. Fax: (903) 567-5652 Email: Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: Were payment arrangements made with the court reporter/court recorder? Yes No Indigent Court Reporter Court Recorder Official Substitute First Name: Estella Middle Name: T. Last Name: Grisham Suffix: Address 1: 121 E. Dallas Address 2: Suite 301 City: State: Texas Zip + 4: Telephone: (903) 567-4422 ext. Fax: (903) 567-5652 Email: Page 4 of 6 1X. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Court: Style: Vs. State of Texas X. Signature Signature of counsel (or Pro Se Party) Date: December 30, 2014 State Bar No: 21299500 Printed Name: Electronic Signature: /s/ Dean White Name: Forrest Dean White (Optional) XI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on December 30, 2014 . Signature of counsel (or pro se party) Electronic Signature: /s/ Dean White (Optional) State Bar No.: 21299500 Person Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney Page 5 of 6 Please enter the following for each person served: Date Served: December 30, 2014 Manner Served: eServe First Name: Chris Middle Name: Last Name: Martin Suffix: Law Firm Name: Van Zandt County Criminal District Attorney Address 1: 400 S. Buffalo Address 2: City: Canton State Texas Zip+4: 75103 Telephone: (903) 567-4104 ext. Fax: (903) 567-6258 Email: chrismartin@vanzandtcounty.org Page 6 of 6