ACCEPTED
06-15-00129-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
Appellate Docket Number: 06-15-00129-CR 8/6/2015 5:58:34 PM
DEBBIE AUTREY
CLERK
Appellate Case Style: Style: James Barcard Cunningham
Vs. State of Texas
FILED IN
Companion Case: 6th COURT OF APPEALS
TEXARKANA, TEXAS
8/7/2015 7:51:00 AM
DEBBIE AUTREY
Amended/corrected statement: Clerk
DOCKETING STATEMENT (Criminal)
Appellate Court: 6th Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)
I. Appellant II. Appellant Attorney(s)
First Name: James Lead Attorney
Middle Name: Barcard First Name: Clint
Last Name: Cunningham Middle Name: Foster
Suffix: Last Name: Sare
Appellant Incarcerated? Yes No Suffix:
Amount of Bond: $0.00 Appointed District/County Attorney
Pro Se: Retained Public Defender
Firm Name: Law Office of Clint F. Sare
Address 1: PO Box 1694
Address 2:
City: Bryan
State: Texas Zip+4: 77806-1694
Telephone: 979-822-1505 ext.
Fax: 979-822-1365
Email: cfs@sarelaw.com
SBN: 00788354
Add Another Appellant/
Attorney
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III. Appellee IV. Appellee Attorney(s)
First Name: The State of Texas Lead Attorney
Middle Name: First Name: Douglas
Last Name: Middle Name:
Suffix: Last Name: Howell
Appellee Incarcerated? Yes No Suffix: III.
Amount of Bond: Appointed District/County Attorney
Pro Se: Retained Public Defender
Firm Name: Brazos County District Atty ofc.
Address 1: 300 E. 26th Street
Address 2: Suite 310
City: Bryan
State: Texas Zip+4: 77803
Telephone: 979-361-4320 ext.
Fax: 979-361-4368
Email:
Add Another Appellee/
SBN: 10098100 Attorney
III. Appellee IV. Appellee Attorney(s)
First Name: Lead Attorney
Middle Name: First Name:
Last Name: Middle Name:
Suffix: Last Name:
Appellee 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:
Add Another Appellee/
SBN: Attorney
V. Perfection Of Appeal, Judgment And Sentencing
Nature of Case (Subject matter Was the trial by: jury or non-jury?
Public Order/Decency
or type of case): Date notice of appeal filed in trial court: July 1, 2015
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: July 13, 2015
Offense charged: Unlawful Poss Firearm by Felon, enhanced Punishment assessed: 20 years Institutional Division, TDCJ
Date of offense: June 23, 2014 Is the appeal from a pre-trial order? Yes No
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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:
Motion in Arrest of Judgment: Yes No If yes, date filed:
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: July 8, 2015
Date of hearing: NA
Date of order: July 1, 2015 NA
Ruling on motion: Granted Denied NA If granted or denied, date of ruling: July 1, 2015
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VIII. Trial Court And Record
Court: 85th District Court Clerk's Record:
County: Brazos Trial Court Clerk: District County
Trial Court Docket Number (Cause no): 14-04342-CRF-85 Was clerk's record requested? Yes No
Trial Court Judge (who tried or disposed of the case): If yes, date requested: July 13, 2015
If no, date it will be requested:
First Name: Kyle Were payment arrangements made with clerk?
Middle Name: Yes No Indigent
Last Name: Hawthorne
Suffix:
Address 1: 300 East 26th Street
Address 2: Suite 440
City: Bryan
State: Texas Zip + 4: 77803
Telephone: 979-361-4272 ext.
Fax: 979-361-4276
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: July 13, 2015
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
Court Reporter Court Recorder
Official Substitute
First Name: Paula
Middle Name:
Last Name: Fredrick
Suffix:
Address 1: 300 East 25th
Address 2: Suite 440
City: Bryan
State: Texas Zip + 4: 77803
Telephone: 979-361-4272 ext.
Fax: 979-361-4276
Email:
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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.
X. Signature
Signature of counsel (or Pro Se Party) Date: August 6, 2015
State Bar No: 788354
Printed Name:
Electronic Signature: /s/ Clint Sare Name: Clint F. Sare
(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 August 7, 2015 .
Signature of counsel (or pro se party) Electronic Signature: /s/ Clint Sare
(Optional)
State Bar No.: 788354
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
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Please enter the following for each person served:
Date Served: August 7, 2015
Manner Served:
First Name: Douglass
Middle Name:
Last Name: Howell
Suffix:
Law Firm Name: Brazos County District Attorney's Office
Address 1: 300 E. 26th Street, Suite 310
Address 2:
City: Bryan
State Texas Zip+4: 77803
Telephone: 979-361-4320 ext.
Fax: 979-361-4368
Email:
Page 6 of 6
James Cunningham v. State
Combined Opinion