Albert Junior Febus v. State

CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK FILED IN November 10, 2014 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE STACEY BOND 1/9/2015 12:54:39 PM 176TH DISTRICT COURT CHRISTOPHER A. PRINE Clerk HARRIS COUNTY HOUSTON, TEXAS Defendant's Name: ALBERT JUNIOR FEBUS Cause No: 1406874 Court: 176TH DISTRICT COURT Please note the following appeal updates on the above mentioned cause: . Notice of Appeal Filed Date: 11/06/2014 Sentence Imposed Date: 11/0612014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED Criminal Post Trial Deputy cc: Devon Anderson District Attorney Appellate Division Harris County, Texas JUDY FOX (DELIVERED VIA E-MAIL) This is your notice to inform any and all substitute reporters in this cause. 1201 Franklin P.O. Box 4651 Houston, Texas 772 10-4651 CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK CORRECTION LETTER - MOTION FOR NEW TRIAL January 6, 2015 JERALD K. GRABER ATTORNEY OF RECORD 917 FRANKLIN, #510 HOUSTON, TEXAS 77002 Defendant's Name: ALBERT JUNIOR FEBUS Cause No: 1406874 Court: 176TH DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 11/06/2014 Sentence Imposed Date: 11/06/2014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JERALD K. GRABER Motion For New Trial Filed: 12/02/2014 ~ lSI N. Salinas Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas JUDY FOX (DELIVERED VIA E-MAIL) This is your notice to inform any and all substitute reporters in this cause. 1201 Franklin P.O. Box 4651 Houston, Texas 77210-4651 Cause No. HE STATE OF TEXAS 4I ~{,.. U)i-t ~ S v. ,AlKJAI -------------------- 1J' District Court / County Criminal Court at Law No. _ __ Harris County, Texas NOTICE OF ApPEAL BLE JUDGE OF SAID COURT: Ii' 1 L\ (date), the defendant in the above numbered and stjj6rJi~slJ;ivD ISfrict C!n"e/ Clerk The und~gned attorney (check appropriate box): 1itne: NOV 6 .. ZON V MOVES to withdraw. . o v\.DVISES the court that he will CONTINUE to repre ~~ ~t:·7. trit6n appeal. '&",_ rO%a& ~"1.'J:i> Date ey (Signature) r l. L](Oo~ Attorney (print~a= Qf)7q/'6.~ State Bar ~mber 13fL( (B4tZ~ S-f- ge.(Sf)O ) Address A"\~ (J(~) (QGd. 'oSCL/ Telephone Number ~ . The defe nt (check all that apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT ap~e counsel to represent him. ~KS the Court to ORDER that a free record be provided to him. o ASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief. ~d:nafl)'e, . - ~L~~ttedDE.6t~LI> SWORN TO AND SUBSCRIBED BEFORE ME ON t~401.) By Deputy District Clerk of Harris County, TexaV_: __ " L-;l-Ii~-,-,Y~. .:. . __ . '::___________________________ C:\Users\mindy.ochsner\Desktop\Notice of Appeal (2 pages·wout Affirmation).doc Page I of2 1/09/08 ORDER On __ N_O_~_"_-6_2_D_14__ the Court conducted a hearing and FINDS that defendant / appellant o IS Norindigent at this time. ~digentj"9vtl1e purpose of D,fmploying counsel ~g_fot a clerk's and court reporter's record. o emPk>ying counselor paying for a clerk's and court reporter's record. The Court ORDERS that o Counsel's motion to withdraw is GRANTED / DENIED. o Defendant / appellant's motion (to be found indigent) is DENIED . . ~endant's / appellant's motion is GRANTED and o (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. ~e COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant. BAIL IS: o SET at $ _ _ _ _ _ _ _ _ _ __ o l6'CONTINUE as presently set. ~DENIED and is SET at No BOND. (Felony Only) ..\O~ - 6 2U\4· 11- (p- (20/4- DATESIGNED: ____'_,_ _ _ _ _ _ __ --' HARRIS COUNTY, TEXAS C:\Users\mindy.ochsner\Desktop\Notice of Appeal (2 pages-wout Affinnation).doc Page 2 of2 1/09/08 Cause No. rYO(nZ2f \ \t-- THE STATE OF TEXAS IN THE ~ DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW No. J f.6ecr reb':) , Defendant HARRIS COUNTY, TEXAS TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL* I, judg~e trial court, certify this criminal case: rj is not a plea-bargain case, and the defendant has the right of appeal. [or] D is a plea-bargain case, but matters were raised by written motion filed and JFeJLnIkefcJfS tj!j, and not withdrawn or waived, and the defendant has the right of appeal. [or] D~~[!~ Daniel "" . !ei ClerIc D is a plea-bargain case, but the trial court has given permission to appeal, and ~s~ete.!1dant has the right of appeal. [or] TIme:_ lU1~ H~ D is a plea-bargain case, and the defendant has NO right of appeal. [ormy ·Y. ,Clras ~rrls COlJn'" T-~ D th -------VD~Cp~~~·0~----__ Ju Date Signed I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition for discretionary review in the court of appeals. TEX. R. App. P. 68.2 I acknowledge that, ifI wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am curre tl)) living or ~hange in my current prison unit. I understand that, because of appellate deadlines, if I fail 0 mely i~ my appellate attorney of any change in my ad ress, I may lose the opportunity to file apr s pe ion for/ .scretionary review. ~ /h~ Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ __ State Bar of Texas ID number: f9-0 7q~ Telephone number: Mailing Address: (314 Tev4 S ~+ Fax number (if any): Telephone number: 61 3) Ce(Q~ .Q[j)C) Fax number (if any):Qri) ~2'2 q) 2.S 2... • "A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enters a judgment of gUilt or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was gUilty or nolo contendere and the punishment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendant may appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (8) after getting the trial court's pennission to appeal." TEXAS RULES OF ApPELLATE PROCEDURE 25.2(a)(2). PAUPER'S OATH ON APPEAL CAUSE NO.: ( L/ 0& 6'7 <-( OFFENSE: ..fCc; I}".Je... -J-o (' 0 JU.f'/1 THE STATE OF TEXAS {7~ <-DISTRICT COURT OF HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: S , defendant in the above styled and numbered cause, and states under oath that he , propeny or income. The defendant respectfully petitions the court to: (check all that apply) lFllLlED Chris 0 . :1:~~~~'.1.d~~wQg~~~:::::::::::=" NDA r~i.,;~ ." I.< Oist~jct ~~Iel .erlc (',\,),'0 - SUBSCRIBED AND SWORN to bofore m,. ~d':f--------=: "rP.;..~o NOV. 6 - 2014 ~~ Sy_ unty. Tellas DEPUTY DISTRICT CLERK DISTRICT COURT O~/-_ __ HARRIS COUNTY, TEXAS IL ORDER On 'l-(P -I i the court conducted a hearing and found that the defendant is indigent. ~ court orders that Attorney, ~o. ~\ G- ~~ is appointed to represent defendant/appellant on appeal. D Harris County Public Defender's Office (HCPD) is APPOINTED to represent defendant/appellant on appeal. Assistant Public Derender Assigned by HCPD _ _ _ _ _ _ _ _ _ _ _ _ __ r-;J /B"ar Card Number SPN Numrer Lfr The court reporter is ordered to prepare and file the reporter's record without charge to the defendant/appellant. It is further ordered that the clerk of this court mail a cog , by certified mail return receipt requested. OATH ~ j, PPOINTED ATTORNEY ON APPEAL ()..\~ \jfl\. ", Attorney at Law, swear or affirm to the court that I will be ible for writing a brief and representing the appellant on appeal. If I am not able to perform ella counsel, I will notify the court immediately so that the court may take the appropriate ssary. ----'-SPN~-I--~_ER-,11-1-c_'1rto O7/ ADDRESS CITY STATE ZIP PHONE FAX NUMBER EMAIL ADDRESS NOV 1 3 2014 SWORN TO AND SUBSCRIBED B~-;--I.f7"---::::""--=="'----==--'----- DEPUTY DISTRICT CLERK (SIGNATURE) APPEAL CARD The State of Texas AI bu-+- [-eJ)'u,,$ /I-~ -It! !(_ (tJ -If L Date Notice Of Appeal: "",L...I.__~_~ _ _..:....-....:/~_ _ _ _- Presentation: Vol. _ _ Pg. _ _ Judgment: Vol. Pg._ _ J.dgepresidi.~~ Court Reporte~X Court Reporter_ _ _ _ _ _ _ _ _ __ Court Reporter_ _ _ _ _ _ _ _ _ __ !:~= {}ht;tfG Li5~ Attorney r(2 1'\ on Appeal_ _.....L._...;.'C/;;.....:::V;......._ _ _ _ _ __ Appointed _ _ Hired V Companion Cases Of Known),_ _ _ _ _ _ _ _ _ _ _ __ Amount of Q /d\ Appeal Bond--lo::::::o'-_·.wUV~;;;;;....._______ Appellant Confined: DateSubmitt~ iiiifltv?/f To Appeal section.r:_--Il----tJr"""'?'l"--,~-_---- qqr Deputy Cle~ , ----