John Cruz Buentello v. State

01-15-00834-CR CHRIS DANIEL 46ft HARRIS COUNTY DISTRICT CLERK FILED IN September 18, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE SUSAN BROWN 10/1/2015 10:04:12 AM 185™ DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk Defendant’s Name- JOHN CRUZ BUENTELLO Cause No. 1450047 Court. 185™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause. Notice of Appeal Filed Date: 09/15/15 Sentence Imposed Date: 09/15/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED Sincerely, D Bullock Criminal Post Trial Deputy CC- Devon Anderson District Attorney Appellate Division Hams County, Texas CARRIE LOGAN (DELIVERED VIA E-MAIL) This is your notice to inform any and all substitute reporters in this cause 1201 Franklin PO Box 4651 Houston, Texas 77210-4651 v Cause No. mwn THE STATE OF TEXAS 5 <<& V. Jg/)h 31/8* kilo , 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 l£j 70lf (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction The undersigned attorney (check appropriate box): CKv \\ MOVES to withdraw ADVISES the court that he will CONTINUE to represent the defendant An-appea I Vjj/iy Date Attorney (Signature) iW)r> 8 j/jh k Defendant (Printed name) Attorney (Printed name) / Chris Daniel State Bar Number . . . District Clerk SEP 1 5 2015 Address Time-. Harris County. Texas Kirin. Telephone Number The defendant (cneckeriHbrat apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT * appellate counsel to represent him ASKS 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 s' Defendaijf (Signature) defendant’s Printed . SWORN TO AND SUBSCRIBED BEFORE ME ON SEP I 5 /fe; •2 By Deputy District Clerk of Harris County, Texas 16J. C \Users\thrislmaczepmski\Desktop\TRlAL INFOIAPPEAL SOPS & 1NFOVNOTICE OF APPEAL (2 paaes-wout AfTirmation) doc Page 1 of2 1/09/08 ORDER On SEP 1 § 2015 the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time H'TsTiidigent for the purpose of employing counsel — paying for a cleik's and court reporter's record O-empl'oying counsel or paying for a clerk's and court leporter's record The Court ORDERS that Counsel's motion to withdraw ((TGRANTÿ/ DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED Defendant's / appellant's motion is GRANTED and n (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal ... HJÿriie"couRT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant M°\0 BAIL IS SET at $ _ TO CON riNUE as presently set DENIED and SET at No BOND (Felony Only) is V h $\ m DAT C SIGNED SEP i § (h JUDGE PRESIDING, DISTRICT COURT/ fiÿVjf §? /OJA COUNT Y CRIMINAL COURT AT LA jo HARRIS COUNTY, TEXAS C \Uscrs\chnstina tzepmsUDesktopVI RIA1 INFOVAPPFAL SOPS & INFO\NOTlCE Or APPEAI (2 pagcs-wout Affirmation) dot Page 2 of 2 1/09/08 * Cause No. UlfroH7 m THE STATE OF TEXAS IN THE DISTRICT COURT COUNTY CRIMINAL COURT AT LAW NO. , Defendant 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] n 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] I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] I I is a plea-bargain case, and the defendant has NO right of appeal, [or] — I I the defendant has waived the right of appeal. SEP i Judge d G- 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 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 se petition for discretionary review Defei Defendant's Counsel Mailing Address- _ f ILED State Bar of Texas ID number: 3WS1W [ Telephone number: _ £«r?c?S!& Mailing Address: . SEP I !> 2015 Fax number (if arjty?® "srrls Telephone number: By. Deputy Fax number (if any)- * “A defendant in a cnminal case has the nght of appeal under these rules The trial court shall enter a certification of the defendant's nght 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) CLERK 9/1/2011 PAUPER’S OATH ON APPEAL CAUSE NO.: \MSOO4-) OFFENSE L-T THE STATE OF TEXAS _ DISTRICT COURT . L[F&' VS. OF oe*ry -Velio HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES O . defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) ELk" Appoint appellate counsel to represent him. Asks the court to order that a free record bCjarovided to him. DANT SUBSCRIBED AND SWORN to before me, this I day of A.D., 20. FILED Chris Daniel u District Clerk DEPUTY DISTRICT CLERK pK\ DISTRICT COURT SEP 1 5 2015 HARRIS COUNTY, TEXAS Time:. Harris County. Texas By Deputy ORDER On 4)iA)is the court conducted a hearing and found that the defendant is indigent. The court orders that _ 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. Itiis further ordered that the clerk of this court mail a copy of the order to the cou CL A fl-E- > ‘L* L- O (y A Q . by certified mail return receipt requested, i A _ cb m.PRESIDING\ i DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION m %Hi0# * I, [A > ( i at Law, swear or affirm that I will be solely Attorney responsible writing a brief and represen tinglhe appellant on appeal. If I am not able to preform my fof: duties /as appelate cojmsek I will notify the court immediately so that the court may take the appropriater aÿogÿaÿeeme/miaecessary. BAR/SPN NUMBER ADDRESS CCPU ( r 7 3TY 7 STATE ZIP 7r*1 Hz) 7AX NUMBER EMAIUADDRES Sij ml VI If SWORN TO AND SUBSCRIBED BEFORE ME ON SEP 1 1 2015 DEPUTY DISTRICT CLERK (SIGNATURE) DISTRICT CLERK APPEAL CARD /51/ Court Cause No. H-)ÿ The State of Texas (°gjo lO Date Notice Of Appeal: Presentation: Vol. Pg.. Judgment: Vol. _ Pg.. Judge Presiding _ Court Reporter _ Court Reporter CjftgjfLiS L-o _ Court Reporter Attorney on Trial k'.Qg-T -Uo Attorney on Appeal Appointed >0 Hired _ Offense ASStrÿ CUtuD Jury Trial: Yes M No. Punishment Assessed _ U-9-e. Companion Cases (If Known) \VV0 1 £ B °[ Amount of Appeal Bond Appellant Confined: Yes )Q No. Date Submitted To Appeal Section °\ V tv*( IS Deputy Clerk Notice of Appeal Caid Rev 9/84 %