James Bradley Warden v. State

ACCEPTED 03-15-00299-CR 03-15-00298-CR 6357087 THIRD COURT OF APPEALS AUSTIN, TEXAS Appellate Docket Number 03-15-00298-CR & 03-15-00299-CR 8/4/2015 5:23:37 PM JEFFREY D. KYLE CLERK Appellate Case Style: James Bradley Warden vs. FILED IN State of Texas 3rd COURT OF APPEALS AUSTIN, TEXAS 8/4/2015 5:23:37 PM Companion Case: None JEFFREY D. KYLE Clerk Amended/corrected statement G DOCKETING STATEMENT (Criminal) Appellate Court: Third Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) First Name: James Bradley Warden X Lead Attorney (on appeal only) Middle Name: First Name: Ken Last Name: Warden Middle Name: Suffix: Last Name: Mahaffey Appellant Incarcerated? X Yes G No Suffix: X Appointed G District/County Attorney Amount of Bond: none G Retained G Public Defender Pro Se: No Firm Name: Ken Mahaffey, Attorney At Law Address 1: P.O. Box 684585 Address 2: City: Austin TX 78768 State: Texas Zip+4: 78768-4585 Telephone: 512-444-6557 ext. Fax: 512-444-6557 email: Ken_Mahaffey@yahoo.com SBN: 12830050 II. Appellee III. Appellee Attorney(s) First Name: State of Texas X Lead Attorney (at trial) Middle Name: First Name: R. Last Name: Middle Name: Blake Suffix: Last Name: Ewing Appellant Incarcerated? G Yes G No Suffix: Amount of Bond: none G Appointed X District/County Attorney Pro Se: No G Retained G Public Defender Firm Name: Burnet County District Attorney's Office Address 1: 1701 E. Polk Ste 24 Address 2: City: Burnet, TX 78611 State: Texas Zip+4: Burnet, TX 78611 Telephone: (512) 756-5449 ext. Fax: (512) 756-8572 email: SBN: 24076376 V. Perfection of Appeal, Judgment And Sentencing Nature of Case (Subject matter Was the trial by: X jury or G non-jury? or type of case): Criminal Trial Date notice of appeal filed in trial court: April 15. 2015 and Type of Judgment: Judgment of Conviction July 1, 2015 Date trial court imposed or suspended sentence in open court If mailed to the trial court clerk, also give the date mailed: or date trial court entered appealable order: Filed Directly with Clerk April 15, 2015 Punishment assessed: Evading Arrest and Possession of Offense Charged: 8 years for Evading Arrest and 1 year state jail for Methamphetamine less than one gram possession of methamphetamine Is the appeal from a pre-trial order? G Yes G No Defendant's plea: not guilty Does the appeal involve the constitutionality or the validity of a If guilty, does defendant have the trial court's certificate to stature rule or ordinance? appeal? X Yes G No G Yes G No VI. Actions Extending time to Perfect Appeal: Motion for New Trial: X Yes G No If yes, date filed: April 21, 2015 Motion in Arrest of Judgment: G Yes X No If yes, date filed: Other: G Yes X No If yes, date filed: If other, please specify: none Page 2 of 5 VII. Indigency of Party (Attach the file-stamped copy of motion and affidavit) Motion and affidavit filed: X Yes G No G N/A If yes, date filed: June 29, 2015 Date of Hearing: June 29, 2015 G N/A Date of Order: June 29, 2015 G N/A Ruling on Motion: X Granted G Denied G N/A If granted or denied, date of ruling: June 29, 2015 VIII. Trial Court and Record Court: 33rd District Court Clerk's Record: County: Burnet County Trial Court Clerk: X District G County Was Clerk's Record Requested: : X Yes G No Trial Court Docket Number (Cause no): 41100 and 41101 Trial Court Judge (who tried or disposed of the case): If yes, date requested: July 9, 2015 If no, date it will be requested: First name: J. Were payment arrangements made with clerk? Middle name: Allan G Yes G No X Indigent Last name: Garrett Suffix: Address 1: 1701 E. Polk, Suite 74 Address 2: City: Burnet, TX 78611 State: Texas Zip + 4: Burnet, TX 78611 Telephone: 512-715-5238 ext. Fax: 512-756-8478 Email: 33coordinator@dcourttexas.org Reporter's or Recorders Record: Is there a reporters record? X Yes G No Was reporter's record requested? X Yes G No Was reporter's record electronically recorded? G Yes G No If yes, date requested: July 9, 2015 Were payment arrangements made with the court reporter/court recorder? G Yes G No X Indigent Page 3 of 5 X Court Reporter G Court Recorder G Official G Substitute First name: Stephanie Middle name: Last name: Larsen Suffix: Address 1: 1701 E. Polk, Suite 74 Address 2: City: Burnet, TX 78611 State: Texas Zip + 4: Burnet, TX 78611 Telephone: 512-715-5230 ext. Fax: 512-756-8478 Email: 33reporter@dcourttexas.org IX. Related Matters List any pending or related appeals before this or any other Texas appellate court by court docket number, and style. Docket Number: Court: Style: NONE Vs. State of Texas X. Signature Date: August 4, 2015 Signature of Counsel (or Pro Se Party) Ken Mahaffey State Bar No: 12830050 Printed Name: Electronic Signature: (optional) XI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial courts's order or judgment as follows on: August 4, 2015. Signature of Counsel (or Pro Se Party) Electro nic Signature: (optional) State Bar No. : 12830050 Page 4 of 5 Date Served: August 4, 2015 Manner Served: Email First name: R. Middle name: Blake Last name: Ewing Suffix: Address 1: 1701 E. Polk Ste 24 Address 2: City: Burnet, TX 78611 State: Texas Zip + 4: Burnet, TX 78611 Telephone: (512) 756-5449 ext. Fax: (512) 756-8572 Email: Date Served: August 4, 2015 Manner Served: U.S. mail First name: James Middle name: Bradley Last name: Warden Suffix: Address 1: P.O. Box 9000 Address 2: Bradshaw Unit City: Henderson, TX 75653-9000 State: Texas Zip + 4: Henderson, TX 75653-9000 Telephone: ext. Fax: Email: Page 5 of 5