ACCEPTED
05-15-01511-CR
FIFTH COURT OF APPEALS
DALLAS, TEXAS
Appellate Docket Number: 05-15-01511-CR 12/11/2015 2:04:07 PM
LISA MATZ
CLERK
Appellate Case Style: Style: Everett Burton
Vs. State of Texas
FILED IN
Companion Case: 5th COURT OF APPEALS
DALLAS, TEXAS
12/11/2015 2:04:07 PM
LISA MATZ
Amended/corrected statement: Clerk
DOCKETING STATEMENT (Criminal)
Appellate Court: 5th 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: Everett Lead Attorney
Middle Name: First Name: Nanette
Last Name: Burton Middle Name: Rene
Suffix: Last Name: Hendrickson
Appellant Incarcerated? Yes No Suffix:
Amount of Bond: Appointed Retained District Attorney Public Defender
Pro Se: Firm Name: Dallas County Public Defender's Office
Address 1: 133 North Riverfront Boulevard, Lock Box 2
Address 2:
City: Dallas
State: Texas Zip+4: 75207
Telephone: (214) 653-3582 ext. 2,361
Fax: (214) 875-236
Email: nanette.hendrickson@dallascounty.org
SBN: 24081423
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Attorney
Page 1 of 6
I. Appellant II. Appellant Attorney(s)
First Name: Everett Lead Attorney
Middle Name: First Name: Elissa
Last Name: Burton Middle Name:
Suffix: Last Name: Wev
Appellant Incarcerated? Yes No Suffix:
Amount of Bond: Appointed Retained District Attorney Public Defender
Pro Se: Firm Name: Dallas County Public Defender's Office
Address 1: 133 North Riverfront Boulevard, Lock Box 2
Address 2:
City: Dallas
State: Texas Zip+4: 75207
Telephone: 214-653-3565 ext.
Fax: 214-
Email: elissa.wev@dallascounty.org
SBN: 24084591
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Attorney
Page 2 of 6
III. Appellee IV. Appellee Attorney(s)
First Name: State of Texas Lead Attorney
Middle Name: First Name: Susan
Last Name: Middle Name:
Suffix: Last Name: Hawk
Appellee Incarcerated? Yes No Suffix:
Amount of Bond: Appointed Retained District Attorney Public Defender
Pro Se: Firm Name: Dallas County District Attorney's Office
Address 1:
Address 2: 133 North Riverfront Boulevard, Lock Box 19
City: Dallas
State: Texas Zip+4: 75207
Telephone: (214) 653-3625 ext.
Fax: (214) 653-3643
Email: DCDAAppeals@dallascounty.org
SBN: 00794284 Add Another Appellee/
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: November 19, 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: October 29, 2015
Offense charged: Possession of Controlled Substance w/intent Punishment assessed: 9 days County Jail
Date of offense: November 20, 2013 Is the appeal from a pre-trial order? Yes No
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:
Date of hearing: NA
Date of order: November 23, 2015 NA
Ruling on motion: Granted Denied NA If granted or denied, date of ruling:
Page 3 of 6
VIII. Trial Court And Record
Court: Criminal County Court No. 7 Clerk's Record:
County: Dallas Trial Court Clerk: District County
Trial Court Docket Number (Cause no): MB14-75028 Was clerk's record requested? Yes No
Trial Court Judge (who tried or disposed of the case): If yes, date requested: Dec 11, 2015
If no, date it will be requested:
First Name: Elizabeth Were payment arrangements made with clerk? Yes No
Middle Name:
Last Name: Crowder
Suffix:
Address 1: 133 N. Riverfront Blvd., 4th floor
Address 2:
City: Dallas
State: Texas Zip + 4: 75207
Telephone: (214) 653-5660 ext.
Fax:
Email: svahala@dallascounty.org
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: Dec 11, 2015
Were payment arrangements made with the court reporter/court recorder? Yes No
Court Reporter Court Recorder
Official Substitute
First Name: Trashuna
Middle Name:
Last Name: Salaam
Suffix:
Address 1: 133 N. Riverfront Blvd., LB54
Address 2:
City: Dallas
State: Texas Zip + 4: 75207
Telephone: (214) 653-5666 ext.
Fax:
Email: trashuna.salaam@dallascounty.org
Page 4 of 6
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. State of Texas
X. Signature
Signature of counsel (or Pro Se Party) Date: December 11, 2015
State Bar No: 24081423
Printed Name:
Electronic Signature: Nanette Rene Hendrickson Name: Nanette Rene Hendrickson
(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 December 11, 2015 .
Signature of counsel (or pro se party) Electronic Signature: Nanette Rene Hendrickson
(Optional)
State Bar No.: 24081423
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
Page 5 of 6
Please enter the following for each person served:
Date Served: December 11, 2015
Manner Served: Regular Mail
First Name: Susan
Middle Name:
Last Name: Hawk
Suffix:
Law Firm Name: Dallas County District Attorney's Office
Address 1: 133 North Riverfront Boulevard, Lock Box 19
Address 2:
City: Dallas
State Texas Zip+4: 75207
Email: DCDAAppeals@dallascounty.org
Page 6 of 6
Cause No. fY1 /t / l {..r- 7'76J fS1
,_
..... , .
THE STATE OF TEXAS § IN THE COUNTY CRIMINAL "~<-..
vs § COURT NUMBER
~ve
i' is not a plea-bargain case, and the defendant has the right of appeal, [or] " ¢'..o&;-r
0
o 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]
o is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has
the right of appeal, LorJ
O is a plea-bargain case, and the defendant has NO right of appeal, forl
o the defendant has waived the right of appeal , [or]
O other (please specify): - - - - - -- -- -- - - -- -- - - - - - -
-~;tdla~) /O-JC/-Jot)
Judg~ Date Signed
I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this
crimi nal case, inc1uding any right to file a prose 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'
judgment and opinion to my last known address and that I have only 30 days in which lo tile 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 unit. I understand that,
because of appe1late deadlines, if J fail to timely inform my appellate attorney of any change in my address, I may
lose the opportunity to tile a pro se petition for discretionary review.
C8Lan~
Mailing Address: (It/ j ,
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=f.-cn-d=-an-t-'s_C_o_u_ns-·e-1
w6tc~1ic:M TI:' 7gf)to Sta~e- Bar No.: ~C(O?fl/fe.v ~ - 1 vlJJ
Fax# (if any): Telephone#:
Fax# (if any):
* A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of
Lhe defendant's right to appeal in every case in which it enters a judgment of guilt or other appeal able order. In a plea
bargain case- --- that is, a case in which a de fendant's plea was guilty or nolo contendere and the puni shment 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 w ri tte n motion filed and ruled on before trial, or (B) after getting the trial
court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).
Cause No. MB14-75028
EVERETT BURTON ) IN THE COUNTY
Appellant )
)
) CRIMINAL COURT
)
THE ST ATE OF TEXAS )
Appellee ) DALLAS COUNTY, TEXAS
NOTICE OF APPEAL
Comes now, EVERETT BURTON, the Defendant in this Cause, having
been convicted on Octqber 29th, 2015 of Abuse of a Corpse, after a jury trial on the merits
and having been sentenced to 9 days confinement and a $0 fine hereby gives notice of appeal.
SIGNED IBIS /C?-t%ay of A)O~UJer ,2015.
I
ELISSA M . WEV
Assistant Public Defender
133 N . Riverfront Blvd., LB2
Dallas, TX 75207
(214) 653 - 3565
State Bar No. 24084591
ATTORNEY FOR DEFENDANT