Clarence Ray Johnson v. State

01-15-00958-CR CHRIS DANIEL 4Ea HARRIS COUNTY DISTRICT CLERK FILED IN November 9, 2015 1st COURT OF APPEALS HOUSTON, TEXAS EUSEBIO CHEVO PASTRANO JR. 11/17/2015 8:27:19 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 202 TRAVIS, SUITE 307 HOUSTON, TX 77002 Defendant’s Name: CLARENCE RAY JOHNSON Cause No: 1453162 Court: 179th DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 11/04/15 Sentence Imposed Date: 11/04/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: EUSEBIO CHEVO PASTRANO JR. Sincerely, s oosto . S. Norris Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas RENEE REAGAN (DELIVERED VIA E-MAIL) This is your notice to inform any and all substitute reporters in this cause. 1201Franklin P.O.Box 4651 Houston, Texas 77210-4651 i' . -v Cause No. M62/6Z \ THE STATE OF TEXAS d/ftOPj/tf. \l0flAteOid , A/KJAJ District Court / County Criminal Court at Law No. Harris County, Texas NOTICE OF APPEAL JT TO THE HONORABLE JUDGE OF SAID COURT: On b(? '7j NOTICE OF APPEAL of his conviction. the defendant in the above numbered and styled causÿTvJs y rui — The undersigned attorney (check appropriate box): y MOVES to withdraw. 2015 Q ADVISES the court that he will CONTINUE to represent the defendant on appeal. ‘-'ÿosas /Jar he/e, 4-. Zo)Z~~ Date ley (Signature) Defendant (Printed name) 09 Attorne/ (Printed name) CJuxrh'/ 7 State Bar Number -lOk/Ylaorÿ #-790 Address ii-z-m -£>-7-33 Telephone Number The defendant (check all that apply): X, REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate 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 requested relief. 2? Deftfulant (Signature) Defendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON NOV 0 4 2015 By Deputy District Clerk of Harris County, Texas http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without AffirmationJ.docPase I of 2 1/09/08 v » ** • ORDER On the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. JÿÿIS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. employing counsel or paying for a clerk’s and court reporter’s record. The Court ORDERÿthat Counsel’s motion to withdraw is GRANTED / DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. QÿJ)efendant’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: at $ HO 030 TO CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only) DATE SIGNED: Q _ DISTRICÿCSURT / JUDGE PRESIDINGÿ COUNTY CRIMINALTEXA\ HARRIS COUNTY, OSURT AT LAW NO. http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without Affirmation).docPage 2 of 2 1/09/08 PAUPER’S OATH ON APPEAL CAUSE NO.: __ __ OFFENSE: *PoS$e$S*o*> //9tu£. THE STATE OF TEXAS / 7$ DISTRICT COURT VS. OF &M£/L££. dahx/UnO HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES JIDJVOS6ZZ ., 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) PL Appoint appellate counsel to represent him. DEFENDANT SUBSCRIBED AND SWORN to before me, this day of .AD., IS DEPUTY DISTRICT CLERK n T7rT)0: NOy g Verir L± DISTRICT COURT HARRIS COUNTY, TEXAS <2015 °«ÿSS ORDER On the court conducted a hearing and found that the defendant is indigent. G«£lCo \|4$> The court orders that defendant/appellant on appeal. is appointed to represent 4th The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. It is further ordered that the clerk of this court mail a comu>f the order to the court reporter: (sgfsl ££ ((BA (rvAW . by citified maibi«£urn receipt requested. JUDGE PRESIDINQÿ. [Kftf m _ DISTRICT COtTR S COUNTYATEXAS AFFIRMATIi i. dtkui , 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 preform my duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action as deemed necessary. ATTORNEY (SIGNATURE) BAR/SPN NUMBER •ZQ2 ADDRESS sJe. 3o7 CITY ~7)t STATE 1lO0\ ZIP PHÿNE Wly f[OC rn.ut. 7W FAX NUMBER _cX*y/a QOiyk.* o IziS • & EMAIL ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ON ikte DEPUTY DISTRICTÿCÿERK (SIGNATURE) DISTRICT CLERK Wm Cause No. m THE STATE OF TEXAS IN I HE/7ÿ DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. Zbifitw Defendant HARRIS COUNTY, TEXAS TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: j>fl is not a plea-bargain case, and the defendant has the right of appeal, [or] f~l 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] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] 1~] is a plea-bargain case, and the defendant has NO right of appeal, [or] Pjl the de/eÿidant has waived the right of appeal. NOV 0 4 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 apy right tp file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Pro 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 opportunity to file a pro se .petition for discretionary review. Defendant :fen< Counsl Mailing Address: £ State Bar of Texas ED number: /$396 S Telephone number: _ Fax number (if any): V Mailing Address: Telephone number: _ % Fax number (if any): _ * “A defendant in a criminal case has the righAJ-s right to appeal in every case in which it enters a jii S jr these rules. The trial court shall enter a certification of the defendant's t or gbi4 or other appealable order. In a plea bargain case-that is, a case in which a defendant's plea was guilty or nolo contendere 'hsd 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 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 APPEAL CARD m , .Cause No. The State of Texas Vs Date Notice Of Appeal: _NOV Q 4 2015 ll-HHU Presentation: Judgment: __ Vol. Vol. Pg.. Pg. Judge Presiding, Court Reporter, "2©*® eeAe>A(sJ Court Reporter, Court Reporter, Attorney on Trial c fVw few Attorney *13 nÿrraBwiMeP on Appeal. Appointed \X Hired _ Offense Jury Trial Yes v/' No Punishment Assessed _ _ Companion Cases (If Known) Amount of Appeal Bond. Appellant Confined: Yes y No Date Submitted To Appeal Section NOV 0 4 2015 Deputy Clerk