David Alan Disher, Attorney at Law
Fellow, College of the State Bar of Texas
1167 FM 2144, Schulenburg, Texas 78956 FILED IN
Phone Number: 979-263-5174 Fax number: 979-263-5183
1st COURT OF APPEALS
HOUSTON, TEXAS
VIA FAX: 281-341-8604 5/22/2015 9:59:55 AM
AND VIA E-MAIL CHRISTOPHER A. PRINE
Clerk
May 22, 2015
Ms. Elizabeth Wittu
Official Court Reporter
240th Judicial District Court
Fort Bend County Courthouse
Richmond, Texas 77469
RE: APPEAL: Case Number: 01-15-00385-CR; Trial Court Cause
Number: 14-DCR-066980, The State of Texas vs. Daivion Banton,
Aggravated Robbery, In The 240th Judicial District Court Of Fort Bend County,
Texas, AND APPEAL: Case Number: 01-15-00386-CR; Trial Court Cause
Cause Number: 14-DCR-066981, The State of Texas vs. Daivion Banton,
Aggravated Kidnapping, In The 240th Judicial District Court Of Fort Bend
County, Texas
Dear Ms. Wittu:
Pursuant to the Order signed July 29, 2014, the Court appointed me to represent Mr.
Daivion Banton in the above referenced matters until these cases are disposed, and
appeals are exhausted.
The Order And Notice Of Court Appointment Attorney document is page 7 of the Clerk’s
Record regarding both of these matters.
Pursuant to my telephone conversation yesterday with Ms. Michelle Gentile of the First
Court Of Appeals, I respectfully request that you prepare a duplicate transcription of the
audio recording of the bond reduction hearing held on or about March 26, 2015 before
Judge Pedro Ruiz and file the Reporter’s Record, pursuant to TEX. R. APP. P. 13. 1, 13.2,
and 31.1.
Please provide the original or copies of ALL exhibits entered into evidence, including but
not limited to, the following: ALL videotapes, all audiotapes and sealed documents in
this case regarding your involvement, or that of Judge Pedro Ruiz and appropriate
transcription of same.
If you cannot accomplish my request, please advise me immediately.
Page two
May 22, 2015
Ms. Elizabeth Wittu
If you have any questions, please do not hesitate to call me.
I thank you for your continued cooperation in these matters.
Very truly yours,
/s/ David Alan Disher
_________________________
David Alan Disher
DD/cmd
xc: Ms. Annie Rebecca Elliott
ATTENTION: BRENDA
Fort Bend County District Clerk
301 Jackson Street
Richmond, Texas 77469
via regular U.S. Mail
Mr. John Healey
Fort Bend County Criminal District Attorney
Fort Bend County Courthouse
Richmond, Texas 77469
Via Fax: 281-238-3340
Mr. Fred Felcman
Fort Bend County Assistant District Attorney
Fort Bend County Courthouse
Richmond, Texas 77469
Via Fax: 281-238-3340
and to Mr. Daivion Banton
CAUSE NOS. 14-DCR-066980 AND 14-DCR-066981
THE STATE OF TEXAS } IN THE DISTRICT COURT
}
VS. } OF FORT BEND COUNTY, TEXAS
}
DAIVION ANTHONY BANTON } 240TH JUDICIAL DISTRICT
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Letter To The Court Reporter, dated
May 22, 2015, has been personally hand delivered, by Fax, or sent certified mail, return
receipt requested, by the U. S. Mail to the following parties:
Mr. John Healey
Fort Bend County Criminal District Attorney
Fort Bend County Courthouse
Richmond, Texas 77469, and
Mr. Fred Felcman
Fort Bend County Assistant District Attorney
Fort Bend County Courthouse
Richmond, Texas 77469
and to the Defendant,
Mr. Daivion Banton
INMATE
Fort Bend County Jail
1410 Ransom Road
Richmond, TX 77469
on this the 22nd day of May, 2015.
/s/ David Alan Disher
__________________________
David Alan Disher
Attorney for Appellant