Albert Junior Febus v. State
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
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: 11/06/2014 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
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 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
HARRIS COUNTY, TEXAS
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 .
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NDA r~i.,;~ ." I.<
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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.
D Harris County Public Defender's Office (HCPD) is APPOINTED to represent defendant/appellant on appeal.
Assistant Public Derender Assigned by HCPD _ _ _ _ _ _ _ _ _ _ _ _ __ r-;J /B"ar Card Number SPN Numrer Lfr 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 cog , by certified mail return receipt requested.
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