Richard Charles Owings, Jr. v. State

CHRIS DANIEL 01-15-00132-CR HARRIS COUNTY DISTRICT CLERK FILED IN February 9, 2015 1st COURT OF APPEALS HOUSTON, TEXAS RANDALL J. AYERS 2/12/2015 11:04:56 AM . ATTORNEY OF RECORD CHRISTOPHER A. PRINE P.O. BOX 1569 Clerk HOUSTON, TX 77251-1569 Defendant's Name: RICHARD CHARLES OWINGS, JR. Cause No: 1454997 ND Court: 262 DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 2/4115 Sentence Imposed Date: 214/15 Court of Appeals Assignment: First Court of Appeals Appe~1 Attorney of Record: RANDALL J. AYERS km~ OL~ES Criminal Post Trial Deputy CC: Devon Anderson District. Attorney Appellate Division Harris County, Texas MATTIE KIMBLE (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. /..It b--,2f f f 7 THE STATE OF TEXAS :Klcl,r~ OWIf'J,}f ~AooAl....:..______---,-__ ..2 C 2- District Court / County Criminal Court at Law No. _---,_ Harris County, Texas NOTICE OF ApPEAL TO THE HONORABLE JUDGE OF SAID COURT: On 2 - dt· IS- (date), the defendant in the above numbered and s~led cause gives NOTICE OF ApPEAL of his conviction. ' The undersigned attorney (check appropriate box): . CJ MOVES to withdraw. CJ ADVISES the court that he will CONTINUE to represent the defendant on appeal. Date ~tJ.~ Attorn{y (Signature) . k'~yl tJ -e(1. f 2. Attornef(Printed name) FILED Chris Daniel 2J17'13CJa State Bar Number District Clerk / ~c, 0 ( £' .A. t:t 7- 111 ,FEB 0 4 2015 Address llme:'---:-:Ha-r-:-rI6-c:;:-o-u~nt::-Y.-:;T;:-ex::-::a~6-- .2 ~I- 5 ~ 0 0 l?b a BY_ _ _"""'"'""::---=--_ _ _.... T.eelephone Number . . Deputy The defendant (check all that apply): CJ REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. CJ ASKS the Court to ORDER that a free record be provided to him. o ASKS the court to set BAIL. Acc rdingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting ere sted relie SW RN TO AND SUBSCRIBED BEFORE ME ON --,~+-::.....-r-""""",!:5-~I>-"'TIM'i--------- By Deputy District Clerk of Harris County, Texas - - 7 f - . f - ' - . r - - - - ? 7 L - - - - - - - - - - ' ' - - - - - - http://hcdco-intranet/Criminal/Criminal Courts/sops and Fonns Library/Criminal FonnslNotice of Appeal (2 pages-without Affinnation).docPage I of2 1/09/08 ~ -', ORDER , fEB .4 ?,015 I . On _-,---,-,,_ _ _L'_ _ the Court conducted a nean,ng and '}\NDS 'that'defend'ant / appellant I' o JS NOT indigent at this time. . '\ '_' ri'IS indigent for the purpose of - .:..·.1 . lY'€mploying counsel . /'. . ct'yaying for a clerk's and court reporter's record. nemploying counselor paying for a clerk's an~court reporter's record. The Court ORDERS that . /' . ~unsel's motion to withdraw is dRANTED / DENIED. o Defendant / appellant's motion (to be f6und indigent) is DENIED. ~Defendant's / appellant's motion is GRANTED and tJ (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. o The COURT R:EPORTER is ORDERED to prepare and file the reporter's record without charge to defendan~;' appellant,: " '" \ BAIL IS: o SETM$-=~~~~_~~____ o To CONTINUE as presently set. ~DENIED and is SET atNo'.BoND. (Felony Only) -. _".,--,Pi8-='-'--,"';'--=:~=-:W5!=.!' DATE SIGNED: ____ ~;--'--"'--~ . JUDGE PRESIDING, ~~ICTCOURT / COUNTY CRiMINAL COURT AT LAW No. _ _, HARRIS COUNTY, TEXAS ,. http://hcdco-intranetlCriminallc:riminal Cou~SOPs and Forms Library/Criminal FormslNotice of Appeal (2 pages-wi'thout Affirmation).docPage 2 of 2 1/09/08 . l~uI2~5 -/~6; t~"'6 a_ Cause No. THE ST ATE OF TEXAS j ~-!>---~-~---:T::--HE"""'""')1.(1l!DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW No. HARRIS COUNTY, TEXAS TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL* I, judge of the trial court, certify this criminal case: ~ 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 ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal. [or] D is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. [or] D is a plea-bargain case, and the defendant has NO right of appeal. [or] D the defendant has waived the right of appeal. JUdgeat/~ JAN 30 2015 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 ofthe 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 Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that, if I 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 currently living or any change in my current prison Chan7Y unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any address, I may lose the opportunity to file a pro se petition for discretionary review. , ~vr~+~i~ ----~~~~~~~--------~~~-------- 7 . Defendant's Counsel ~/t-Z73DO State Bar of Texas ID number: Telephone number: -~---'-------...",-,f'--..:::-.-I...-+-a<-----,~ Mailing Addres6Z2 t 7171 l'i C6 Fax number (if any): Telephone num~ 8t· 5.~2'" vo ~ Fax number (if any): - * "A defendant in a criminal case has the right of ap.., I 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 def~ndant may appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS RULES OF APPELLATE PROCEDURE 2S.2(a)(2). 9/1/2011 CLERK PAUPER'S OATH ON- APPEAL CAUSE NO,: HSLI qq1- AFFENSE: ~ Ju.c.Wc!; THE STATE OF TEXAS (){);) DISTRICT COURT VS. OF e:Ghru::d ~ OaJ~/cr HARRIS COUNTY, TEXAS TO THE HONORABLE mDOE OF SAID COURT: NOW COMES ~C, O~(ns ,defendant in the above styled and numbered cause, and states under oath that he is without fun s, p perty or income. The defendant respectfully petitions the court to: (check all that apply) )( Appoint appellate counsel to represent him. )( Asks the court to order that a Zrdt'?'b~......-- SUBSCRIBED A~ ~f¥.tE0Dfore_me, this--,....:::~ Chris Daniei District Clerk FEB 0 5 2015 Harris County, Texas Deputy ORDER On ~ 51 2.0 IS the court conducted a hearing and found that the defendant is indigent. ~ The court orders that _ 1JrNtAu..r-Iti6Ae~ is appointed to represent / ~- / ' defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter's record without charge to the defendant/appellant. {.it thr flerk of this court mail a copy of the order to the court reporter: ,p I _"""""""-"""""",,"'-'4---4'"T---+-",,--+--<,-,~IJ_I/c..+--_--,-, by certifiemail return receipt requested. JUnGEP~ING =~-:-:~~............-n~IISSTT~RICT COURT HARRIS COUNTY, TEXAS AFFIRMATION I, bAW-- r ~, Attorney at Law, swear or affirm that I will be solely resp sible for writing a brief and representing the appellant on appeal. If I am not able to preform my duties as appellate cotinsel, I will notify the court immediately so that the court may take the appropriate action a de ed necessary. L...---~ tJt P\ ORNEY (SIGNAT ) ~MBER 10. ADDRESS ~X 1561. ~vtJhrv, 1)( 77ZS/-IS{;q Cl Y STATE ZIP_ Z81-~~- 6335 ~/ - 41$ / Q601 PHONE . FAX NUMBER ~~S tAv.J ~ CdlYJrAJP·/(::r EMAILADD SS SWORN TO AND SUBSCRffiED BE 0 ._ / DISTRICT CLERK p . APPEAL CARD 1-)-/) Court ~~./'. ¢ff9?? The State of Texas Date Notice \' ~.- '- ( r - - Of Appeal: ) , Presentation: \ Vol._ _ Pg._____._ Judgm~nt: Vol._ _ Pgo----'-_ Judge Presiding !2.~~/ Court Reporter ~ Court Reporter--..___. _ _ _ _ _ _-'-_ Court Reporter_ _ _ _ _ _ _ _ _ _ _.--- Attorney ~&e. on Trial . fL ~~ rb. Attorney . / / on Appeal 'tP~ ~ Appointed Hired______ Offense . er42.1 ~&:/ ~ Jury Trial: Yes ' / No_ __ Punishment "7 Assessed_----"7?).o.....;;;,~¥-,-'-~~~ __ -----O; Companion Cases \ - QfKDown)_ _~i~_ _ _ _ _ _ _~ I: Amount of '-7--.' k .IJ ~ , A/ Appeal Bond "gp ~ Appellant /' Confined: Yes No- - - - ' - - Date Submitted r--- ' To Appeal Section :2..'" t...f ,.-/ 1..--- ' Deputy Clerk ~ . ~ . NriO" of Ap",. eMd R". 9184 \' . \-'i