Birshal Dion Mitchell v. State

• Court: Court of Appeals of Texas
• Decided: April 29, 2015
• Docket: 01-15-00402-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00402-CR

HARRIS COUNTY DISTRICT CLERK

FILED IN April 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS BIRSHAL DION MITCHEL 4/29/2015 3:54:47 PM PRO SE CHRISTOPHER A. PRINE Clerk TDCJ #00630503 3001 SOUTH EMILY DRIVE BEEVILLE,TX 78102

Defendant’s Name: BIRSHAL DION MITHCELL

Cause No: 586939

Court: 337 DISTRICT COURT

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

Defendant's Notice of Appeal on motion only- filed date: 4/14/15 Ruling Made: 3/11/15 DENIED Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: PRO SE

Sincerely,

S.NORRIS 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. 586939 * BIRSHAL MITCHELL § IN THE 337th JUDICIAL DI §

%\v'. %* %Z v. § COURT OF

THE STATE OF TEXAS § § HARRIS COUNTY, TEXAS \A %M Xt'.0?, & V «?. Tr NOTICE OF APPEAL %&

TO THE 0O80RABLEF JUDGE OF SAID COURT:

COMES NOld, BIRSHAL MITCHELL, Defendant Pro Se, in the Above Styled and

Numbered Cause, and wishes to offer this NOTICE OF APPEAL to the Court giving

timely notice of the Defendant's intentions to appeal the decision of this

Court concerning the NUNC PRO TUNC Motion/Petition that was filed with this

Court on or about the 2:3rd oof March, 2015.

Submitted and Executed on this, the 9th day of April, 2015.

Respectfully Submitted,

Birshal Mitchell, TDCJ-CID #630503 Ldilliam G. McConnell Unit 3001 South Emily Drive Beeville, Texas 7B102

A K * Cause No. 586939

THE STATE OF TEXAS IN THE 337 DISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

Mitchell, Birshall , 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] VCO~fuf)Qy) is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal, [or] 1 I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant hasthe' right of appeal, [or] $ is a plea-bargain case, and the defendant has NO right of appeal, [or] /the defendant has waived the right of appeal. 'V- 4A> Cfcÿfo/ÿ % V/ ** j

't/vxCO 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 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, 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 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(a)(2). Sf APPEAL CARD I C?n4}ltf/dU Court Ca U-I3-LS The State of Texas

fi' > %LiLhlJjdeJ/-2-H-& Date Notice Of Appeal: .

Presentation: __ Vol. Pg.

Judgment: Vol.. Pg,

Judge Presiding Court Reporter _ _ Court Reporter Court Reporter _ Attorney on Trial

Attorney on Appeal.

Appointed _ Hired

Offe 'fyrihlnCirJ Jury Trial Yes No

Punishment Assessed QCUrsrrÿ'TTy, _ Companion Cases (If Known) [/

Amount of Appeal Bond. j/pJkhA Appellant Confined:

Date Submitted Yes No offl To Appeal Section

Deputy Clerk