ACCEPTED
01-15-00056-cr
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/2/2015 1:23:59 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00056-CR
IN THE COURT OF APPEALS
FILED IN
FOR THE FIRST DISTRICT 1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
2/2/2015 1:23:59 PM
CHRISTOPHER A. PRINE
JUAN RUBEN GARCIA § APPELLANT Clerk
§
VS. §
§
THE STATE OF TEXAS § APPELLEE
APPEAL IN CAUSE NO. 65014
IN THE 300TH JUDICIAL DISTRICT COURT
OF BRAZORIA COUNTY, TEXAS
MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES, JUAN RUBEN GARCIA, Appellant in the above entitled
and numbered cause, by and through his attorney of record, Stanley G. Schneider, and
submits this Motion to Proceed on Appeal in Forma Pauperis. For good cause,
Appellant shows as follows:
I.
On October 20, 2014, a judgment was entered against Appellant finding him
guilty of aggravated sexual assault of a child and sentenced him to ten years
confinement in the Texas Department of Criminal Justice, Institutional Division
which the jury recommended be probated. A motion for new trial was timely filed.
After a hearing, the trial court denied the motion for new trial. Notice of Appeal was
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timely given.
II.
Appellant is a lawful permanent resident. As soon as Appellant was convicted
in this cause and placed in custody as a condition of his community supervision, the
United States Immigration & Customs Enforcement (ICE) took him into custody and
initiated removal proceedings. Because Appellant was in the custody of the United
States Government, he was not present at his hearing on the motion for new trial.
Appellant is indigent. He cannot work and pay for both an attorney and the
transcript of the trial. His wife and family have retained counsel. However, because
of his incarceration, Appellant cannot afford to pay the court reporter for the cost of
his record. Appellant has no funds. Appellant’s wife is now the primary breadwinner
of the Appellant’s immediate family. Since his confinement, Appellant requested that
the trial court order that the cost of the record on appeal be paid by Brazoria County.
Attached hereto is a copy of the Appellant’s affidavit which was supplemented to the
trial court at a later date.
III.
Appellant filed a motion to proceed in forma pauperis in the trial court. Neither
the State or Brazoria County controverted the motion. The trial court without a
hearing denied Appellant’s motion to proceed in forma pauperis. A copy of the
Court’s order is attached hereto. Appellant is indigent. Appellant is in custody and
the government is about to order his removal from the United States. According to
federal law, he cannot be released on bond pending appeal of his conviction because
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of the removal proceedings initiated.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court
allow him to proceed on appeal in forma pauperis and order Brazoria County to pay
for the cost of preparation of the record on appeal.
Respectfully submitted,
SCHNEIDER & McKINNEY, P.C.
/s/ Stanley G. Schneider
Stanley G. Schneider
T.B.C. No. 17790500
440 Louisiana
Suite 800
Houston, Texas 77002
Office: 713-951-9994
Fax: 713-224-6008
Email: stans3112@aol.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing
Motion to Proceed on Appeal in Forma Pauperis has been mailed and/or hand
delivered on the Appellate Section of the Appellate Section of the Brazoria County
District Attorney’s Office, 111 E. Locust, Angleton, Texas 77515 , on this the 2nd day
of February, 2015.
/s/ Stanley G. Schneider
Stanley G. Schneider
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