Albert Lynch v. State

• Court: Court of Appeals of Texas
• Decided: May 5, 2015
• Docket: 01-15-00421-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00421-CR 4gk HARRIS COUNTY DISTRICT CLERK

%a& FILED IN April 30, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE WAYNE MALIA 5/5/2015 1:57:58 PM 339th DISTRICT COURT CHRISTOPHER A. PRINE Clerk HARRIS COUNTY HOUSTON, TX

Defendant’s Name: ALBERT LYNCH

Cause No: 1314602

Court: 339™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 4/27/15 Sentence Imposed Date: 4/27/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely, /-> _ S. NORRIS Criminal Post Trial Deputy

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

JULIE JOHNSON (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. / 3/<ÿfey , pz THE STATE OF TEXAS ftjLS&er' J VA/OAS ' . A/K/A/ _ :~33ÿ7/ÿDistrict Court / County Criminal Court at Law No. _ Harris County, Texas _

NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:

On (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box): MOVES to withdraw.

H- iX-tr v Date Attorney (Signature)

Defendant (ÿnjdjamg £) Attorney (Printed naÿgÿhorrtas A-. Martin— Preston, Suite 500 ggSSSft State Bar Number Houston. TX 77002 tmartin@justice.com APR 27 M’5 713-222-0556 nz-zzz-mzz (tax) Address Time:. County, !»*<*“ SBN: 50511495 By. Deputy Telephone Number --SPNH 0-1638569 - The defendant (check all that apply): ofÿREPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. STÿASKS 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.

Defendant (Signature) Defi‘/nÿ I a ’sÿriitfÿd n arÿeO \

SWORN TO AND SUBSCRIBED BEFORE ME ON cn

# •

By Deputy District Clerk of Harris County, Texas v

Page I of 2 y *ÿ

ORDER

On the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. SKlS indigent for the purpose of 9'employing counsel for a clerk’s and court reporter’s record. 0'employing counsel and/or paying for a clerk’s and court reporter’s record. The Court ORDERS that aÿCounsel’s motion to withdraw iÿffRA&Hreh / DENIED. ( Defendant / appellant’s motion (to be found indigent) is DENIED. (iÿtfefendant’s / appellant’s motionÿtjRÿNTElEand Attorney _ Bar Card Number SPN Number is ArrOlNILk) to represent defendant f appellant Ofl appesT

Harris County Public Defender’s Office (HCPD) is APPOINTED to represent defendant/appellant on appeal. Assistant Public Defender Assigned by HCPD Bar Card Number SPN Number _ The COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant. BAIL is: SET at $ _. TO CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only)

DATE SIGNED: T S>i7/± 2ÿX JUDGE PRESIDffJBfÿ j O / STRICT COURT /{ o i 1%)~n COUNTY CRIMINAL Cour*ATWTVAW J -< / HARRIS COUNTY, TEXAS \%>- """

Page 2 of 2 Cause No. /3/0ÿP •

THE STATE OF TEXAS IN THE -?3f DISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO. AL6&? j Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] 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] 17 T T is a plea-bargain case, but the trial court has given permission to appeal, and the dÿrrataffthslhe ® right of appeal, [or] DlstrJctc"«k is a plea-bargain case, and the defendant has NO right of appeal, [or] f"~l the defendant has waived the right of appeal. APR 27 m Tlnie:. Harris County, Texa»“ By. // fÿ//ÿ Deputy

Judge DateSigned

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 zg Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of 01 appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se «| g.j| petition for discretioruuy review in the court of appeals. TEX. R. APP. P. 68.2 I acknowledge that, if I wish to g appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written *5 communication, of any change in the address at which I am currently living or any change in my current prison * 1 £1 unit I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in ray address, I may lose the opportunity to file a pro se petition for discretionary review. gif

Defendant _ (

Defendant's Counsel .c. Thomas A. Martin “ Mailing Address: State Bar of Texas ID number: 1018 Preston. Suite 500 Houston, TX 77002 Telephone number: Mailing Address: tmartin@justice.com 713-222-0556 Fax number (if any): Telephone number: -743-222-7022 (fox) Fax number (if any): SBN: 50511495 ~SPN: 01638569

' “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 ight 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 rhich a defendant's plea was guilty or nolo contendere and the punishment did not exceed the punishment recommended by the rosecutor and agreed to by the defendant - a defendant may appeal only: (A) those matters that were raised by a written motion filed nd ruled on before trial, or (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 52(aX2). - - APPEAL CARD

Court Cause No. 33 -9 The State of Texas Vs y y*/£-// •

Date Notice Of Appeal: H-3>6 Presentation: Vol. Pg-_

Judgment: Vol. Pg._

Judge Presiding ~1Ajft- /L/S?/ /S? •_ Court Reporter fl/x'./ZT Court Reporter _ _ _ 'Z7&M Court Reporter

Attorney on Trial ’T/fo/r/SZg

Attorney on Appeal _ Appointed _ Hired

Offense

Jury Trial: Yes \ No

__ Punishment Assessed

_ Companion Cases (If Known)

Amount of Appeal Bond

Appellant Confined: Yes. No

Date Submitted To Appeal Section ( Deputy Clerk / Notice of Appeal Card Rev. 9/84 <\Tl