01-15-00857-CR
CHRIS DANIEL
o $ H VRRIS COUNTS DISTRICT CLERK
FILED IN
October 7, 2015 1st COURT OF APPEALS
HOUSTON, TEXAS
MANDY MILLER 10/12/2015 8:45:22 AM
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
Clerk
2910 COMMERCIAL CENTER BLVD #103-201
KTY, TX 77494
Defendant’s Name: JUSTIN DAREN BUXTON
Cause No: 1482081
Court: 228th DISTRICT COURT
Please note the following appeal updates on the above mentioned cause1
Notice of Appeal Filed Date: 10/1/15
Sentence Imposed Date: 10/1/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: MANDY MILLER
Sincerely,
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
JULIE JOHNSON (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
Cause No. iymi
. THE STATE OF TEXAS
K/A/
I'II'I Court/ÿi ounty-Criminal Cum t at Luo Ntr
Harris County, Texas
ft; NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On -
OCT 12015
NOTICE OF APPEAL of his conviction
(date), the defendant in the above numbered and styled cause gives
The undersigned attorney (check appropriate box):
MOVES to withdraw
ADVISES the court that he will CONTINUE to represent the defenddflt o< n appeal-ÿ
GOT- 120(5 -v V
Date Attorney (Signaturi
J A LAX A Still
endant (Printed Attorney (Printer name)
Chris Daniel JHO 5 3
District Clerk
OCT - 1 21m
State Bar Number it>iAih>A rx
Time:.
1ÿ6/
Address
Frcrslcl\ IStU f~l 7703S
Harris County, Texas
By.
Deputy
Telephone Number
l\±SL3~
The deferpJant (check all that apply):
O REPRESENTS to the court that he IS pte'sently INDIGENT and ASKS the court to immediately APPOINT
appellate counsel to represent him \
!g/ASKS the Court to ORDER that a free record be provided to him
ASKS the to set BAIL
Acp<5ujmgi5rrÿppellarit ASKS the Cpwrf to conduct a hearing, make findings, and enter an Order
Grantinÿ'tJaÿremiested relief
; c
J* LA *> (~t yv
name
idabt (Signature) Defendant’s Printed
SWORN TO AND SUBSCRIBED BEFORE ME ON ter -mi
By Deputy District Clerk of Hams County. Texas
s
Page I of 2
ORDER
On ocr-i2n» the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time
for the purpose of
fÿmploying counsel
IBÿpayipg for a clerk’s and court reporter’s record
employing counÿgflmd/oÿjÿing for a clerk’s and court reporter's record
The Court ORDERS that
OÿCounsel’s motion to withdraw 1 ?BENIEP.
Defendant / appellant's motion (to be found indigent) is DENIED
Defendant's / appellant’s motion is GRANTED and
Attorney _
Bar Card Number SPN Number
is APPOINTED to represent defendant / appellant on appeal
Harris County Public Defender's Office (HCPD) is APPOINTED to represent
defendant/appellant on appeal
Assistant Public Defender Assigned by HCPD _
Bar Card Number SPN Number
PÿThe COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to
defendant / appellant
BAIL IS
SET at $ _
Q TOCQNTINUE as p
tÿÿENIED and is SET at No BOND (Felony Only)
DATE SIGNED
OCT 1 - COURT /
HARRIS COUNTY, TEXAS
Page 2 of 2
Cause No.
THE STATE OF TEXAS
V.
, AJKJAJ
District Court / County Criminal Court at Law No.
Harris County, Texas
OATH OF APPOINTED ATTORNEY ON APPEAL
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 perform my
duties as appellate counsel, I will notify the Court immediately so that the Court may take the appropriate
action as deemed necessary
Attomey-at-Law (Signature) BAR Number / SPN
Address City / State / Zip
Phone FAX
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Hams County, Texas
Page 3 of 3
m
THE STATE OF TEXAS
Cause No. /Mm7ÿ"
IN THE DISTRICT COURT
v.
HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
IJudge ofjhtf trial court, certify this criminal case:
is not a plea-bargain case, and the defendant has the right of appeal, [or]
[~~| 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]
d is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the
right of appeal, [or]
d is a plea-bargain case, and the defendant has NO right of appeal, [or]
d the defendant has waived the right of appeal.
- i za\s
Judge 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 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 addresgjmiay lose the opportunity to file a pro se petition for discretionary review.ÿ
Jefepdm:
Mailing Address: _
7
Defendant's Counsel
7
State Bar of Texas ID number: X
Telephone number: Mailing Address: llol frJclU Iftk f\
Fax number (if any): Telephone number:
FILED
Chris Daniel Fax number (if any):
District Clerk
* “A defendant in a criminal case has the right of rules The tnal court shall enter a certification of the defendant's
right to appeal in every case in which lfnpÿs 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 conrStSÿSStÿtÿÿgtshment did not exceed the punishment recommended by the
prosecutor and agreed to by the Hp.fenHaSyÿa defendant mav appeal only: (A) those matters that were raised by a written motion filed
and ruled on before trial, or (B) after getting the tritffÿo&rfs permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE
25.2(aX2).
CAUSE NO.: HMM-
PAUPER’S OATH ON APPEAL
¥
THE STATE OF TEXAS DISTRICT COURT
VS. OF
HARRIS COUNTY, TEXAS
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 funds, property or income. The defendant respectfully petitions
the court to: (check all that apply)
B Appoint appellate counsel to represent him.
Asks the court to order that a free repofthb# >rovided to him.
DEFENDANT
SUBSCRIBE to beforcÿmeÿthis /ÿTÿd 20 /S
Chris Daniel
District Clerk
OCT - 1 201b ry DISTRICT CLERK
Time:. A_DlSTRICT COURT
Harris County, Texas [S COUNTY, TEXAS
Deputy
ORDER
On 10- ACT the court conducted a hearing and found that the defendant is indigent.
¥ The court orders that tVlt| \Q{~ is appointed to represent
defendant/appellant on appeal.
M The court reporter is ordered to prepare and file the reporter’s record without charge to the
defendant/appellant.
Iti this court mail a ctfpy of the ordep'tfftFte court reporter:
_, by certifigd-mail return receipt requested.
m PRESIDING
HARRIS COUNTY, TEXAS
COURT
x
AFFIRMATION
WWu Milk r , 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.
Y)AttukdM YVUH(A _ 3M0
ATTORNEY/SIGNATURE) BAR/SPN NUMBER
§
2-A \ 0 (xHvMTvtAtACU ( MUrrVwrt \ _ V ATM
CITY “SWE
AX ZIP
ADD>RESS <\
PHONE FAX NUMBER
( * CO/vn O
EMAIL ADDRBSS ] U
SWORN TO AND SUBSCRIBED BEFORE ME ON /00Z46"
DEPUTY DISTRICT CLERK (siÿ
DISTRICT CLERK
APPEAL CARD
| (-30-15
Cause No. ,
.
The State of Texas
c
Date Notice \D-ÿ
Of Appeal: OCT-12BtS
Presentation: Vol. Pg..
Judgment: Vol. Pg-.
Judge Presidin
Court Reporter
Court Reporter _ "
Court Reporter _
Attorney
on Trial
Attorney y
on Appeal
Appointed Hired
Offens
Jury Trial: Yes No
Punishment
Assessed _
Companion Cases
(If Known) _
Amount of
Appeal Bond
Appellant
Confined: Yes No
Date Submitted
To Appeal Section
OCT - 1,2015
Deputy Cle
IS