ACCEPTED
12-15-00068-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/1/2015 1:53:20 PM
Appellate Docket Number: l2-15.ooo68-CR, l211i CATHY LUSK
CLERK
Appellate Case Style: Style: Andrew Whitaker
Vs. State of Texas
FILED IN
12th COURT OF APPEALS
Companion Case: I TYLER, TEXAS
4/1/2015 1:53:20 PM
CATHY S. LUSK
Clerk
Amended/corrected statement: D
DOCKETING STATEMENT (Criminal)
Appellate Court: 12th Court of .Appeals
(to be filed in the court of appeals upon perfection of appeal under 1RAP 32)
L Appellant U. Appellant Attonaey(s)
First Name: IXI Lead Attorney
Middle Name: P. First Name: Winfred
Last Name: Middle Name: Aaron
Suffix: Last Name: Simmons
Appellant Incarcerated? IXI Yes D No Suffix: II.
Amount of Bond: !XI Appointed D District/County Attorney
ProSe: O 0Retained D Public Defender
Firm Name: Winfred A Simmons, n Attorney at Law
Address 1: ll5 West Sbephcrd.Ave
Address 2:
City: Lufkin
State: Texas Zip+4: 75904
Telephone: 936-632-3242 ext.
Fax: 936-632-4325
Email: lawyeJSimmons@conoolidatcd.net
SBN: 00794636
Pagel of 5
·------- ------
IV. Appdlee AUorney(s)
First Name: State of Texas ~ Lead Attorney
Middle Name: First Name: Nicole
Last Name: Middle Name: D.
Suffix: Last Name: LoSuacco
Appellee Incarcerated? D Yes D No Suffix:
Amount of Bond: D Appointed ~ District/County Attorney
Prose: 0 QRetained 0 Public Defender
Firm Name: Nacogdoches Co. District Attoreney's Office
Address 1: 101 West Main Street
Address 2: Ste. 250
City: Nacogdoches
State: Texas Zip+4: 75961
Telephone: 936-560-7734 ext.
Fax: 936-560-6036
Email: nlostraacco@co.nacodoches.tx.m -
Add.Another Appellee/
SBN: I Attomey
V. Perfection Of Appeal, Judpaent Aad Sentencing
Nature of Case (Subject matter Property Offenses Was the trial by: ~ jmy or D non-jmy?
or type of case):
Date notice of appeal filed in trial court: Febrwuy 25, 2015
Type of Judgment: Jury Trial
If mailed to the trial court clerk, also give the date mailed :
Date trial court imposed or suspended sentence in open court or date
trial court entered appealable order: February 25, 2015
Offense charged: Evading Punishment assessed: 13 years 1DC
Date of offense: June 6. 2014 Is the appeal from a pre-trial order? 0 Yes ~ No
Defendant's plea: Not Guilty Does the appeal involve the constitutionality or the validity of a
statute, rule or ordinance'?
If guilty, does defendant have the trial court's certificate to appeal?
0Yes ~No
~Yes 0 No
VL Actions J:xtr:ntling Tillle To Perfect Appeal
Motion for New Trial: 0 Yes ~ No If yes, date filed:
Motion in Arrest of Judgment: 0 Yes ~ No If yes, date filed:
Other: 0 Yes ~ No If yes, date filed:
If other, please specify:
VU. lndigaacy Of Party: (Attach file-stamped copy of motion and aftidal'it)
Motion and affidavit filed: 0 Yes ~No 0 NA If yes, date filed:
Date of bearing: 0 NA
Date of order: ONA
Ruling on motion: 0 Granted 0 Denied 0 NA If granted or denied. date of ruling:
Page 2 of 5
vm. Trial C•rt Aad Recent
Court: 420th Clerk's Record:
County: Nacogdoches Trial Court Oerk: 181 District 0 County
Trial Court Docket Number (Cause no): Fl421007 Was clerk's record requested? 181 Yes 0 No
Trial Court Judge (who tried or disposed of the case): If yes, date requested: Mar 26, 2015
If no, date it "ill be requested:
First Name: Edwin Were payment arrangements made \\ith clerk?
Middle Name: 0 Yes 181 No 0 Indigent
Last Name: Klein
Suffix:
Address 1: 101 West Main Street
Address 2:
City: Nacogdoches
State: Texas Zip+ 4: 75961
Telephone: 936-560-7848 ext.
Fax: 936--560-7899
Email: psowell@co.nacogdocbestx.us
Reporter's or Recorder's Record:
Is there a reporter's record? 181 Yes 0 No
Was reporter's record requested? IX!Yes 0No
Was the reporter's record electronically recorded? 181 Yes 0 No
If yes, date requested: Mar 26, 2015
Were payment arrangements made \\ith the court reporter/court recorder? 0 Yes 0 No 181 Indigent
~ Court Reporter 0 Court Recorder
~ Official 0 Substitute
First Name:
Middle Name:
Last Name: Simmons
Suffix:
Address I: 101 WestMainStreet
Address 2: Ste. 216
City: Nacogdoches
State: Texas Zip+ 4:
Telephone: 936-560-7848 ext
Fax: 936-560-7899
Email:
Page3 of5
List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.
Docket Number: Court:
Style:
Vs. State of Texas
Date: April 1, 2015
State Bar No: 00794636
Printed Name:
Electronic Signature: Name:
(Optional)
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's
orderor judgment as ti ows on April 1, 2015
I (or pro se party) Electronic Signature:
(Optional)
State Bar No.: 00794636
Person Served:
Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must
state:
(1) the date and manner of ser.ice;
(2) the name and address of each person served, and
(3) if the person se1ved is a party's attorney, the name of the party represented by that attorney
Page 4of5
---·---·
Please enter the following for each person sen'ed:
Date Seived: April 1, 2015
Manner Served: Fax
First Name: N'1e0le
Middle Name:
Last Name: LoStraaco
Suffix:
Law Finn Name: Nacogdoches Co. District Attorney's Office
Address 1: 101 West Main Street
Address 2: 250
City: Nacogdoches
State Texas Zip+4: 75961
Telephone: 936-560-7734 ext.
Fax: 936-560-6036
Email: nlostracco@co.nacogdoches.tx.us
Page 5 of5