Albert Junior Febus v. State

CourtCourt of Appeals of Texas
DecidedJanuary 9, 2015
Docket01-14-00942-CR
StatusPublished

This text of Albert Junior Febus v. State (Albert Junior Febus v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albert Junior Febus v. State, (Tex. Ct. App. 2015).

Opinion

CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

FILED IN November 10, 2014 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE STACEY BOND 1/9/2015 12:54:39 PM 176TH DISTRICT COURT CHRISTOPHER A. PRINE Clerk HARRIS COUNTY HOUSTON, TEXAS

Defendant's Name: ALBERT JUNIOR FEBUS

Cause No: 1406874

Court: 176TH DISTRICT COURT

Please note the following appeal updates on the above mentioned cause:

. Notice of Appeal Filed Date: 11/06/2014 Sentence Imposed Date: 11/0612014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Criminal Post Trial Deputy

cc: Devon Anderson District Attorney Appellate Division Harris County, Texas

JUDY FOX (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 772 10-4651 CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK

CORRECTION LETTER - MOTION FOR NEW TRIAL

January 6, 2015

JERALD K. GRABER ATTORNEY OF RECORD 917 FRANKLIN, #510 HOUSTON, TEXAS 77002

Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 11/06/2014 Sentence Imposed Date: 11/06/2014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JERALD K. GRABER Motion For New Trial Filed: 12/02/2014

~ lSI N. Salinas Criminal Post Trial Deputy

CC: Devon Anderson District Attorney Appellate Division Harris County, Texas

This is your notice to inform any and all substitute reporters in this cause.

1201 Franklin P.O. Box 4651 Houston, Texas 77210-4651 Cause No.

HE STATE OF TEXAS

4I ~{,.. U)i-t ~ S v. ,AlKJAI --------------------

1J' District Court / County Criminal Court at Law No. _ __

Harris County, Texas

NOTICE OF ApPEAL

BLE JUDGE OF SAID COURT: Ii' 1 L\ (date), the defendant in the above numbered and stjj6rJi~slJ;ivD ISfrict C!n"e/ Clerk

The und~gned attorney (check appropriate box): 1itne: NOV 6 .. ZON V MOVES to withdraw. . o v\.DVISES the court that he will CONTINUE to repre ~~ ~t:·7. trit6n appeal. '&",_ rO%a& ~"1.'J:i>

Date ey (Signature) r l. L](Oo~ Attorney (print~a= Qf)7q/'6.~ State Bar ~mber 13fL( (B4tZ~ S-f- ge.(Sf)O ) Address A"\~ (J(~) (QGd. 'oSCL/ Telephone Number

~ . The defe nt (check all that apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT ap~e counsel to represent him. ~KS the Court to ORDER that a free record be provided to him. o 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.

~d:nafl)'e, . - ~L~~ttedDE.6t~LI> SWORN TO AND SUBSCRIBED BEFORE ME ON t~401.) By Deputy District Clerk of Harris County, TexaV_: __ " L-;l-Ii~-,-,Y~. .:. . __ . '::___________________________

C:\Users\mindy.ochsner\Desktop\Notice of Appeal (2 pages·wout Affirmation).doc Page I of2 1/09/08 ORDER

On __ N_O_~_"_-6_2_D_14__ the Court conducted a hearing and FINDS that defendant / appellant o IS Norindigent at this time. ~digentj"9vtl1e purpose of D,fmploying counsel ~g_fot a clerk's and court reporter's record. o emPk>ying counselor paying for a clerk's and court reporter's record. The Court ORDERS that o Counsel's motion to withdraw is GRANTED / DENIED. o Defendant / appellant's motion (to be found indigent) is DENIED . . ~endant's / appellant's motion is GRANTED and o (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. ~e COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant. BAIL IS: o SET at $ _ _ _ _ _ _ _ _ _ __ o l6'CONTINUE as presently set. ~DENIED and is SET at No BOND. (Felony Only) ..\O~ - 6 2U\4· 11- (p- (20/4- DATESIGNED: ____'_,_ _ _ _ _ _ __

--' HARRIS COUNTY, TEXAS

C:\Users\mindy.ochsner\Desktop\Notice of Appeal (2 pages-wout Affinnation).doc Page 2 of2 1/09/08 Cause No. rYO(nZ2f \ \t-- THE STATE OF TEXAS IN THE ~ DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW No.

J f.6ecr reb':) , Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL*

I, judg~e trial court, certify this criminal case: rj is not a plea-bargain case, and the defendant has the right of appeal. [or] D is a plea-bargain case, but matters were raised by written motion filed and JFeJLnIkefcJfS tj!j, and not withdrawn or waived, and the defendant has the right of appeal. [or] D~~[!~ Daniel "" . !ei ClerIc D is a plea-bargain case, but the trial court has given permission to appeal, and ~s~ete.!1dant has the right of appeal. [or] TIme:_ lU1~ H~ D is a plea-bargain case, and the defendant has NO right of appeal. [ormy ·Y. ,Clras ~rrls COlJn'" T-~

D th -------VD~Cp~~~·0~----__

Ju 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 appeals. TEX. R. App. P. 68.2 I acknowledge that, ifI 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 curre tl)) living or ~hange in my current prison unit. I understand that, because of appellate deadlines, if I fail 0 mely i~ my appellate attorney of any change in my ad ress, I may lose the opportunity to file apr s pe ion for/ .scretionary review. ~

/h~

Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ __ State Bar of Texas ID number: f9-0 7q~ Telephone number: Mailing Address: (314 Tev4 S ~+ Fax number (if any): Telephone number: 61 3) Ce(Q~ .Q[j)C)

Fax number (if any):Qri) ~2'2 q) 2.S 2...

• "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 right 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 which a defendant's plea was gUilty or nolo contendere and 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 (8) after getting the trial court's pennission to appeal." TEXAS RULES OF ApPELLATE PROCEDURE 25.2(a)(2). PAUPER'S OATH ON APPEAL

CAUSE NO.: ( L/ 0& 6'7 <-( OFFENSE: ..fCc; I}".Je... -J-o (' 0 JU.f'/1 THE STATE OF TEXAS {7~ <-DISTRICT COURT OF

TO THE HONORABLE JUDGE OF SAID COURT:

S , defendant in the above styled and numbered cause, and states under oath that he , propeny or income. The defendant respectfully petitions the court to: (check all that apply)

lFllLlED Chris 0 . :1:~~~~'.1.d~~wQg~~~:::::::::::=" NDA r~i.,;~ ." I.< Oist~jct ~~Iel .erlc (',\,),'0 -

SUBSCRIBED AND SWORN to bofore m,. ~d':f--------=: "rP.;..~o NOV. 6 - 2014 ~~ Sy_ unty. Tellas DEPUTY DISTRICT CLERK DISTRICT COURT O~/-_ __ HARRIS COUNTY, TEXAS

IL ORDER On 'l-(P -I i the court conducted a hearing and found that the defendant is indigent.

~ court orders that Attorney, ~o. ~\ G- ~~ is appointed to represent defendant/appellant on appeal.

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Albert Junior Febus v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-junior-febus-v-state-texapp-2015.