Sandra F. Berry v. State

CHRIS DANIEL ISl HARRIS COUNTY DISTRICT CLERK April 29, 2015 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS RANDALL J. AYERS 5/1/2015 10:45:40 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE P.O. BOX 1569 Clerk HOUSTON, TX 77251-1569 Defendant’s Name: SANDRA F. BERRY Cause No: 1462610 Court: 185™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 4/24/15 Sentence Imposed Date: 4/24/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: RANDALL J. AYERS S/5 Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas CARRIE LOGAN (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 (ÿ2MIO Cause No. THE STATE OF TEXAS V. m , A/K/A/ / /#>? District Court / County Criminal Court at Law No. Harris County, Texas NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: On 2APR 4 2015 (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction. The undersigned attorney (check appropriate box): JO MOVES to withdraw. / '-f / 9 *7 ADVISES the court that he will CONTINUE to represent tl faant on.appeal. APR 7 A m Ttoi iigpqture) Defendant,(Printed imme) /AKOrHey (Printed name) ED State Bar Numberÿ Chris Daniel District Clerk / APR 2 2015 Address Time:. Harris County, !«*<*» 7 Telephone Number The defendant (chÿHrall that apip4y)i7 REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. g/ÿASKS the Court to ORDER that a free record be provided to him. ASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief. Defendant (Signature) v Defendant’s Printed name y/ SWORN TO AND SUBSCRIBED BEFORE ME ON APR 2 4 2015 By Deputy District Clerk of Harris County, Texas C:\Users\christina.czepinski\Desktop\TRIAL INFOYAPPEAL SOPS & INFOYNOTICE OF APPEAL (2 pages-wout Affirmation).doc Page 1 of 2 1/09/08 ORDER On APR 7 4 PDll the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. IS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. tlÿmploying counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that motion to withdraw ifrÿ38ftNTEiÿM)ENIED. Defendant / appellant’s motion (to be founJindigent) is DENIED. a Defendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. flKThe COURT REPORTER to prepare and file the reporter’s record without charge to ORDERED BAIL IS: 0 < SET at $ TO CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only) DATE SIGNED: APR 2 4 7ni«? ch IUDQE PRESIDING, X ["ÿÿDISTRICT COURT7 COUNTY CRIMINAL COURT AT HARRIS COUNTY, TEXAS fSa C:\Users\christina.czepinski\Desktop\TRIAL INFO\APPEAL SOPS & INFO\NOTICE OF APPEAL (2 pages-wout Affirmation).doc Page 2 of 2 1/09/08 Cause No. W IQ THE STATE OF TEXAS IN THE COURT v. COUNTY CRIMINAL COURT AT LAW NO. tSfyUPgA "5>&£-ey|)efendant HARRIS COUNTY, TEXAS TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: Ej is not a plea-bargain case, and the defendant has the right of appeal, [or] |~1 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] |~1 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] is a plea-bargain case, and the defendant has NO right of appeal, [or] I I the defendant has waived the right of appeal. fcvx APR i A ana Date Signed Judge \ 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 of the 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 unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro repetition for discretionary review. :fendant's Counsel Mailing Address: DlK?c?K State Bar of Texas ID number: Time: APR 2 4 2015 Telephone number gagg cm.„.y Mailing Address: Fax number (if any): L,gputy Telephone number: Fax number (if any): * “A defendant in a criminal case has the right of appeal 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 defendant 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 25.2(a)(2). 9/1/2011 CLERK / PAUPER’S OATH ON APPEÿLÿ CAUSE NO.: _ OFFENSE: THE STATE OF TEXAS DISTRICT COURT VS. OF 5JW: ozsooaÿ 1 Sfinobt (Berr-t/ [S COUNTY, TEXAS 7 TO THE HONORABLE JUDGE OF SAID COURT? NOW COMES defendant in the above styled and numbered cause, and states under oath that he is without fundÿ property 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 free,record be provided to him. DEFENDANT V SUBSCRIBED AND SWORN to before me, this_oN_day of A.D.. 20 (S *JSS?kn l i 206 _DISTRICT DpgJTY DISTRICT CLERK COURT HARRIS COUNTY, TEXAS OePu'ÿ ORDER On Al5?ns the court conducted a hearing and found that the defendant is indigent. fa The court orders that £MJoA.Lt-T M&U is appointed to represent defendant/appellant on appeal. JgT The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. It is furtherordered that the clerk of Ibis court mail a copy of the order to the court reporter: _ by certified mail return receipt requested. Wmf»OURT HARRIS TEXAS COUNTY, AFFIRMATION T A jejZl , Attorney at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal. If I am not able to preform my duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action as deemed necessary. 014ÿ5*? S3 ATTORNEY (SIGNATURE)3 NUMBER T72Sl-t5& ADDRESS CTTY STATE ZIP PHONE FAX NUMBER f TAV6ei MTJJ ® tmmMir' EMAIL ADDRESS APR 2 7 2fiio .s.; : :A SWORN TO AND SUBSCRIBED BEFORE ME ON 1 DEPUTY DISTRICT CLERK (SIGNATURE) 'T jblSlBltr CLERK APPEAL CARD/ ,w Court %S> w- The State of Texas Cause No. NHUSUO Vs 6Atopi£A ?. 'fe-gjrriÿ ZUft _ Date Notice Of Appeal: APR 2 4 Presentation: Vol. P&. Judgment: VoL Pg, Judge Presiding S»A 'ÿuroÿ0 Court Reporter Court Reporter _ _ OA QJL\ fc L- O 6-A - De AYS VS Attorney on Appeal o\ Appointed Y* Hired Offense \y\Orÿt-(l Jury Trial: Yes No Punishment Assessed _ TP C. Companion Cases (If Known) \mo9k| —. / Amount of Appeal Bond -O' Appellant Conflned: Yes ft No Date Submitted To Appeal Section Deputy Clerk Notice of Appeal Card Rev. 9/84