Amber Rae Thornton v. State

CourtCourt of Appeals of Texas
DecidedJuly 7, 2015
Docket01-15-00585-CR
StatusPublished

This text of Amber Rae Thornton v. State (Amber Rae Thornton 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
Amber Rae Thornton v. State, (Tex. Ct. App. 2015).

Opinion

01-15-00585-CR CHRIS DANIEL 46a 9 HARRIS COUNTV DISTRICT CLERK

FILED IN June 30, 2015 1st COURT OF APPEALS HOUSTON, TEXAS ALLEN C. ISBELL 7/7/2015 8:58:20 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 2016 MAIN, SUITE 110 HOUSTON, TX 77002

Defendant’s Name: AMBER RAE THORNTON

Cause No: 1344347

Court: 338™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 6/25/15 Sentence Imposed Date: 6/10/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: ALLEN C. ISBELL

Sincerely,

3 • S. NORRIS Criminal Post Trial Deputy

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

JILL HAMBY (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 V i• > • Cause No.

THE STATE OF TEXAS P V.

b District Court / County Criminal Court at Law No. _ Harris County, Texas _ NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:

On clOf'b (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. ADVISES the cournhat he will CONTINUE to represent the defendant on appeal.

u/ Date AS Attorney (Signature) .

Ai Defendant (Printedÿ ame) -jp T\ Attorney (Printed name)

Chris Daniel District Clerk State Bar Number

JUN 25 2015

/ & Time-. By —— HlfTt« eouui*. ooputy The defendant (check all that apply): TOX*» Address

Telephone Number

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.

/ Defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON JUN 2 5 2fl15 By Deputy District Clerk of Harris County, Texas

% hnp://hcdco-imnmct/Criminal /Criminal Couits/SOPs and Forms Library/CrimnaJ Forms/Notice of Appeal (3 pages-w Affirmmion),docx Page 1 of 3 06/01/06 -i ORDER t '

On JDN 2 5 2fllS the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. IS indigent for the puipose 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 ORDERS that Counsel’s motion to withdraw is GRANTED / DENIED. Defepdant / appellant’s motion (to be found indigent) is DENIED. defendant'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: SET at $ _ a TQJG6NTINUE as presently set. and is SET at No BOND. (Felony Only)

DATE SIGNED: m 2 5 2015 JUDGFPRISLDTNGRÿY 1IS'TRICTCQURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

htty://hcdco-intraiKt/Crimimri/Crimmal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages- w AffirmationJ.docx Page 2 of 3 06/01/06 PAUPER’S OATH ON APPEAL CAUSE NO.: OFFENSE: h(Lnfll THE STATE OF TEXAS S3r DISTRICT COURT — /H.

VS. OF HARRIS COUNTY, TEXAS pf TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES defendant in !*> theÿtovk'styled anf ffiftibered cause, and states under oath that he is without funds, property or income. The defendant-respectfully petitions the court to: (check ail that apply) O' Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.

DEFENDANT

SUBSCRIBED AND SWORN to before me, this. SDday of Jomd: A.D., 20 .

DIST DIS TXfOURT ;RK \ CO 'TTEXAS ORDER On _ conducted a hearing and found that the defendant the court is indigent.

The court m orders tha. _ iÿxsbcii is appointed defendant/appellant on appeal. to represent

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 copy of tjxÿdrder to the court reporter:

Lÿrrsh DISTRICT COURT HARRIS COUNTY, TEXAS

AFFIRMATION I, 0» _ iT 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 apnropriate action as deemed necessary.

UimA rTORJSiY JXJPJSPQ- (SIGNATUREÿ /0ÿ1ÿ66 BAR/SPN NUMBER SOU, MOJM, &L/Q ADDRESS 1 CTTY STATE ZIP

ZL& [AGO nFAX L2LNUMBER _ PHONE

EMAIL ADDRESS / SWORN TO AND SUBSCRIBED BEFORE ME ON i QA r DEPUTY DI! (SIGNATURE) DISTRICT CJ PRK THE STATE OF TEXAS Cause No. J3 IN THEÿ&fDlSTRJCT COURT © COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: f~l is not a plea-bargain case, and the defendant has the right of appeal, [or] I I 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] l~~] I I is a plea-bargain case, and the defendant has NO right of appeal, [or] me defendant has waived the right of appeal. Chris Daniel FILED District Clark JUN 25 2015 d rift:,, as; am" Date Signed Harris County, Texas

Daputy

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 1 acknowledge that, if 1 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. 1 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 Defendant's Counsel

Mailing Address: _ State Bar of Texas ID number: Telephone number: Mailing Address: Fax number (if any): Telephone number:

Fax number (if any):

* “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 (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(aX2). l* APPEAL CARD

33&*h Court Cause No. /J&J97 The State of Texas

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Bluebook (online)
Amber Rae Thornton v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amber-rae-thornton-v-state-texapp-2015.