Roel David Gonzalez v. State

01-15-00902-CR CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK FILED IN 1st COURT OF APPEALS October 20, 2015 HOUSTON, TEXAS 10/23/2015 11:36:48 AM WAYNE HILL CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 4615 SW FRWY #600 HOUSTON, TX 77027 Defendant’s Name: ROEL DAVID GONZALEZ Cause No: 1325153 Court: 1 77th DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 10/16/15 Sentence Imposed Date: 1 0/1 2/1 5 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: WAYNE HILL Sincerely, S> S. NORRIS Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas LINDA HACKER (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 Cause No. 1325153 THE STATE OF TEXAS 9* V. ROEL DAVID GONZALEZ h District Court / County Criminal Court at Law No. 177™ _ Harris County, Texas _ NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: on r> ch 2-csj y (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction. The undersigned attorney (check appropriate box): MOVES to withdraw. T3*" ADVISES the court that he will CONTINUE to represent the defendant on appeal. Date \M. 7 lDg.7~ «=. gjg-* Harrla County, Taxaa Address By. Daputy n n- 5XJji Telephone Number The defendant (check all that apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. Hr 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. (L Defendant (Signature) 'Pod Defendant’s Printed name 0. SWORN TO AND SUBSCRIBED BEFORE ME ON iohb ( ( V By Deputy District Clerk of Harris County, Texas .htip://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Paae 1 of 3 06/01/06 Si ORDER On /& - -/(t / T" the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. JSC IS indigent for the purpose of counsel for a clerk’s and court reporter’s record. employing counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that motion to withdraw i DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. y Defendant’s / appellant’s motion is GRANTED and M (A) _(attomey’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. The COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant. BAIL IS: SET at $ _ ' To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only) DATE SIGNED: /0 «• / _ JUDGETRESIDIlÿG; DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3 06/01/06 NO. 1325 (6*4 THE STATE OF TEXAS § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS jÿgVj Z)- § § JUDICIAL DISTRICT DEFENDANT ' OATH OF INDIGENCE TO THE HONORABLE JLJDGE OF SAID COURT: ,7 The defendant, under oath that he is without funds, property or income. The defendant respectfully asks me Court to appoint counsel to represent him in filing an application for a writ of habeas corpus seeking relief from final conviction under TEX. CODE CRIM. PROC. Chapter 11. The defendant also asks the Court to order that a free record be provided to him. DEFENDANT 0 SUBSCRIBED Ajg)|WgR]po0fore me, this \(p day of 0 Cjt~ 3009: Z.O iS"- Chris Daniel District Clerk OCT 16 2015 DEPUTY DISTRICT CLERK fiÿRÿ _ Time:_ Harris County, Texas DISTRICT COURT By. COUNTY, TEXAS Deputy ORDER APPOINTING COUNSEL On the Court conducted a hearing and found that the defendant is indigent. S’ The Court ORDERS that ne tmi torrepresent the defendant/applicant under TEX. CODE CRIM. PROC. Chapter 11. is appointed The Court ORDERS the court reporter to prepare and file the reporter’s record without charge to the aefendant/applicant. (1) (2) _ The Court further ORDERS that the clerk of this court send a copy of this order and the judgment in this case to: the court reporter: the postconviction writs division of the Harris County District Attorney’s Office; and ; (3) the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. The court further ORDERS that above-named counsel and counsel for thlegate appear for a status conference on / e(( JUDGE PRESIDING, ] DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION _ Attorney at Law, swear or affirm that I will be solely responsible for writing an application for writ of habeas corpus and representing the defendant/applicant under TEX. CRIM. CODE perform my duties as habeas counsel, I will immediately notify the Court. CÿÿÿMÿÿIÿmunableÿto Attomey-awLaw (Signature) , . BAR Number / SPN nas Address / (77027) tj&iz 77c '232037 City / State / Zip Phone FAX SUBSCRIBED AND SWORN to before me, this JJz day of tOdht , 20 /or & DEPUTY 1 JCTCLERK DISTRICT CLERK m Cause No. 132515301010 © THE STATE OF TEXAS IN THE 177TH DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. ROEL DAVID GONZALEZ HARRIS COUNTY, TEXAS TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT I, judge o£the trial court, certify this criminal case: OÿÿMEÿL* QQJ. 12] \2\ is not a plea-bargain case, and the defendant has the right of appesQ'far] appdtÿorpÿ)ÿÿ 3 * is a plea-bargain case, but matters were raised by written motion filedaheLanletfÿjfjefore trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defehdqnt has the right of appeal, lor] is a plea-hafÿain case, ana the defendant has NO right of appeal, [or] the defendant has waiyra the right of appeal. OCT 0 9 2015 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 address, I may lose the opportunity to file a pro se petition for discretionary review. W# CD Defendant Defendant's Counsel Mailing Address: State Bar of Texas ID number: Telephone number: Mailing Address: C* c*— J \ O'* Fax number (if any): Telephone number: 9i1 3 -s Fax number (if any): / S> * “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 4 APPEAL CARD \ ML Cause No. /3*S7rS i The State of Texas (ffiP j ip "Z- _ Date Notice jo- (a- & Of Appeal: ULmJjL Prcscntation: VoL Pg-. Judgment: VoL Pg-. Judge Presiding Court Reporter_ flu3 fftifttkf 6/7 Court Reporter_ Court Reporter_ Attorney on Trial. Ho/ilm & SckaJiidtL. Attorney on Appeal kJfiunt M Appointed. Hired Offense fiClfi Jex $S5vlt Chifcf Jury Trial: Yes No Punishment Assessed _