Johnathan Sanchez v. State

01-15-01053-CR CHRIS DANIEL 9 B HARRIS COUNTY DISTRICT CLERK IK# FILED IN December 2, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE MARK KENT ELLIS 12/9/2015 10:10:28 AM 35 1 ST DISTRICT COURT CHRISTOPHER A. PRINE Clerk HARRIS COUNTY HOUSTN, TX Defendant’s Name: JOHNATHAN SANCHEZ Cause No: 1409222 Court: 351ST DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 11/12/15 Sentence Imposed Date: 11/12/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED Sincerely, Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas TONI GOUBEAUD (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 « t Cause No. THE STATE OF TEXAS V. '3oW4~iWJ SfoCMt 2_ 3ÿ7 _ District Court / County Criminal Court at Law No. Harris County, Texas _ NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: On ijlndil (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. ADVISER the court that he will CONTINUE to re leTehdant on appeal. Date n H 2-/r AttprneyJSignature) Defendant (Prjj name) Chris Daniel State Bar Nunflber /Tv' / District Clerk U' NOV 1 2 2015 Time: Harris County, Texas By. Deputy Telephone Number The defendant (check all that apply): a REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT ppellate 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, ted relief. (JP DefendaÿP|Signmure) Defendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME. ft By Deputy District Clerk of Harris County, Texas hnp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w AfTirmation).docx Page 1 of 3 06/01/06 .i a ORDER On 1 I f I ~L*} /*S~ the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. indigent for the purpose of employing counsel [ÿpaying 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 Bf" Counsel’s motion to withdraw is CÿNTEpy DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. (ÿ/Defendant’s / appellant’s motion is GRANTED and (attorney’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. C3/'DENIED and is SET at No BOND. (Felony Only) DATE SIGNED: UlUMSl JLLJDGE PRESIDING, 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 Cause No . iikmÿ THE STATE OF TEXAS IN THE i£L DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge 01 :he trial court, certify this criminal case: fu is not a plea-bargain case, and the defendant has the right of appeal, [or] I | 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] the defendant has waived the right of appeal. 2 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 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 opportune ile a pro se petitipn for discretionary review. Defendant J- Defendant's Counsel Mailing Address: yÿ-state Bar of Texas ID number: *ÿ-0 LMM Telephone numher:~ÿ7/ 222- V, Address: U. Fax number (if any): 7/ÿrzjÿ/5 % number:ÿ jÿÿelenhone '71ÿ0X01 7ÿ 7 * “A defendant in a criminal case has the right of appeal unde right to appeal in every case in which it enters a judsjp&nt"6nfuilt &_ e trial court shall enter a certification of the defendant's appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere and, pBmshment did not exceed the punishment recommended by the prosecutor and agreed to by the defendant - a defendÿÿrfSy 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.: /(/o fizz, OFFENSE: Cb/ THE STATE OF TEXAS DISTRICT COURT VS. OF i HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES _ \/ , l 2- _ , 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) Or Appoint appellate counsel to represent him. yd Asks the court to order that a free record be provided to him. DEFENDANT SUBSCRIBED AND SWORN to before me, this. day of A.D.. 20 /? DEPUTY DISTRICT CLERK O y DISTRICT COURT HARRIS COUNTY, TEXAS ORDER On iÿi/r the court conducted a hearing and found that the defendant is indigent. The court orders that _ is appointed to represent on appeal. X3T The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. j It is further ordered that the clerk of this court mail a copy of the order to the court reporter: _ , by certified mail return receipt requested. JUDGEPRESIDING DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION I, 5/p /[fry ., Attorney at Law, swear or affirm that I will be solely responsible for writingÿa 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. A1 teTTSrSNATURE) BAR/SPN NUMBER ADDRESS CITY STATE ZIP PHONE FAX NUMBER EMAIL ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ON iMMl5 DEPUTY DISTRICT <$ERK (SIGNATURE) DISTRICT CLERK APPEAL CARD I'll'l1* Cause No. M itlowaa The State of Texas Date Notice Of Appeal: _lJ jjajdotfr Presentation: Vol. Pg, Judgment: Vol. _ Pg._ Judge Presiding 'iYmr. HM tint: Court Reporter_ Jam Jbin Deputy Clerk & cV