Philip Anthony Cox v. State

CHRIS DANIEL HARRIS COUNTS DISTRICT CLERK. 35 FILED IN August 31, 2015 14th COURT OF APPEALS HOUSTON, TEXAS TERRENCE A GAISER 9/8/2015 10:21:15 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 2900 SMITH HOUSTON TEXAS 77006 Defendant's Name- PHILIP ANTHONY COX Cause No: 1450528 Court: 180th Please note the following appeal updates on the above mentioned cause- Notice of Appeal Filed Date: 08/21/2015 Sentence Imposed Date: 08/21/2015 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: TERRENCE A GAISER Sincerely, \ /s7 N. Salinas Criminal Post Trial Deputy CC. Devon Anderson District Attorney Appellate Division Harris County, Texas JANET RAGAN (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. THE STATE OF TEXAS V. AfKJXJ (>? IMW' District Court / CtruiliyCi'fffllhai Cum hat-Uaw-Np. Harris County, Texas NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: On MO 21ZQJS (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 --a — A&vtSES thcÿcourt that he-witf CONTINUE to- represent the defendant on ajÿeatr AUG 21 MIS Date /tÿrneyiSignatu re) 'QL <ÿZ2/ Defendant (Printed- hÿTBt)T¥ Attorney (Printed name) State Bar Number To*89 Address Time-. "Harri8 By. DepvtV Telephone Number The defendant (check all that apply): CK REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT counsel to represent him. Q A£KS 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 'belfieriidant (Signature) C7V /In. SZ. ikLz. / SWORN TO AND SUBSCRIBED BEFORE ME ON AUG H20J5 By Deputy District Clerk of Harris County, Texas , TZ Page 1 of 2 ORDER On AUG 212015 the Court conducted a hearing and FINDS that defendant / appellant ISNOT indigent at this time. W\S indigent for the purpose of Oÿemploying counsel CT”paying for a clerk’s and court reporter’s record. O'employing counsel and/or paying for a clerk’s and court reporter’s record The Courtf>RDERS that ar Counsel’s motion to withdraw is GRANTED / DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. Attorney _ Defendant’s / appellant’s motion is GRANTED and Bar Card Number SPN Number 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 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. eSDENIED and is SET at No BOND (Felony Only) DATE SIGNED: AUG 212315 Pj / Mÿ33)STRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS Page 2 of 2 ______ Cause No. THE STATE OF TEXAS V. MKJM 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. Attoroey-at-Law-(Signature) BAR Numbed SPhL- Address City / State / Zip Phone FAX SWORN TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas Page 3 of 3 \ ' •' a ** X Cause No JL/SfiX TBE STATE OF TEXAS IN TITE/JÿÿSTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. 'tMt 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] 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] _ÿ is a plea-bargain case, and the defendant has NO right of appeal, [or] _ n the defendant has waived the right of appeal. Judge -.mn Date 21-20$- 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 s unit I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any Q|O change in rny address, I may lose the opportunity to file a pro se petition for discretionary review. £O RRi1 £ QL III gfl ifeiWnt defendant’s Counsel FILED sis Mailing Address: _ Chris Daniel District Clerk State Bar of Texas ID number: 0C v> -s O £ O cn LU £ CC f— Telephone number: AUG 2 1 2015 Mailing Address: Tinker Harris County, Texas Fax number (if any): Telephone number: 2-ÿ / Deputy FM 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 ight 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 vhich a defendant’s plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the - •rosecutor and agreed to by the defendant a defendant may appeal only (A) those matters that were raised by a written motion filed nd ruled on before trial, or (B) after getting the trial court’s permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 5 2(aX2). PAUPER’S OATH ON APPEÿÿ CAUSE NO- OFFENSE / THE STATE OF TEXAS //&rDISTRICT COUR' 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) DiK, Appoint appellate counsel to represent him. Q Asks the court to order that a free record be provided to him. DEFENDANT ' ~ SUBSCRIBED AND FILED me, this \.D.. 20 ZS AUG 2 1 2015 Time: narriB County, TnÿBB" DEP1 [DISTRICT CLERK By. COURT Deputy COUNTY, TEXAS ORDER On the court conducted a hearing and found that the defendant is indigent. 7 __ Jhe court orders that'Th'ufYJL defendant/appellant on appeal G&iur is appointed to represent The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. this court majLa copy of to the court reporter: _, by certified mail returii receipt requested RESEDINCJ mi DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION J Cj£_ Attorney at Law, swear or affirm that I will be solely responsible for writing a bnef and representing the appellant on appeal. If I am not able to preform my dutiessÿaSUftpellate counsg£ I will notify the court immediately so that the court may take the appropriate Action as ddeffied necessary. ATTORNEY (SIGNATURE) 0'7'5~"7ÿ°q BAR/SPN NUMBER,, , _ 'JQDO ADDRESS A- CITY STATE 'TLO0F‘. JJL ZIP ( 7/3 ) 32-5"-<9G c. £ PHONE 7 FAX NUMBER ~7 EMAIL ADDRESS &ftp/. RECORDER’S MEMORANDUM is of poor quality This instrument at the time of imaging SWORN TO AND SUBSCRIBED BEFORE ME ON DEP UTÿÿTRI CT CLERK (SIGNATURE) DISTRICT CLERK \ APPEAL CARD s A /£ cmÿ'- n . Cause No. The State of Texas Date Notice Of Appeal: AUG 2 J 2015 Presentation: Vol. Pg.. -Judgment: Vol. Pg-_ Judge Presiding y iny/yi* t L / / /,/fÿy. -ÿ z / Court Reporter , J f /f fr7 /[/ 1 Court Reporter ' , Court Reporter j Attorney on Trial Attorney \ on Appeal Appointed _ Hired _ >ÿ Offense Jury Trial: , Yes No. Punishment Assessed _ Companion Cases (If Known) _ Amount of Appeal Bond Appellant ( ~ I ’Confined: Yes No Date Submitted To Appeal Section AUGÿllOlS Deputy Clerk,