Brandon Lee Shelton v. State

Opinion

01-15-00922-CR CHRIS DANIEL § HARRIS COUNTS DISTRICT CLERK

$ FILED IN October 16, 2015 1st COURT OF APPEALS HOUSTON, TEXAS KEVIN HOWARD 10/28/2015 4:05:58 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 4525 N. BRAESWOOD BLVD., SUITE 203 HOUSTON, TX 77096

Defendant’s Name: BRANDON LEE SHELTON

Cause No: 1426446

Court: 185th Please note the following appeal updates on the above mentioned cause-

Notice of Appeal Filed Date: 10/06/2015 Sentence Imposed Date: 09/10/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: KEVIN HOWARD

Sincerely,

7S/ N Salinas Criminal Post Trial Deputy

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

CARRIE LOGAN (DELIVERED VIA E-MAIL)

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

120) Franklin PO Box 4651 Houston, Texas 77210-4651 FILED Chris Daniel

«- CT 0 8 2015 ft NO. 1426446 Harrli bounty, Texas ’y THE STATE OF TEXAS )( IN THE DISTRICT C0UR

VS. )( 185TH JUDICIAL DISTRICT

BRANDON LEE SHELTON )( HARRIS COUNTY, TEXAS

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes BRANDON LEE SHELTON, Defendant in the above styled

and numbered cause, and gives this written notice of appeal to the First or

Fourteenth Court of Appeals of the State of Texas from the judgment of

conviction and sentence herein rendered against him in the above-entitled and

numbered cause on September 10, 2015.

In accordance with the Texas Rules of Appellate Procedure, Rule 25.2 and

26.2, BRANDON LEE SHELTON, Defendant specifically appeals the trial court's

judgment and sentence of 14 years TDC after a guilty plea. All of such appealable

matters being raised in Defendant’s written Motion to Suppress Evidence which

was heard and ruled upon on December 17, 2014.

Respectfully submitted,

KEVIN HOWARD SBN 10074800 4525 N. BRAESWOOD BLVD. SUITE 203 HOUSTON, TEXAS 77096 Phone: (713)294-8099 Fax: (713) 660-7005 E-mail: kvho@earthlink.net ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE October', On this the day of pursuant to Texas Rules of Appellate Procedure, a true copy of the instrument to which this Certificate is attached was duly served upon each entity, Court, attorney of record and/or party(ies) to this cause by hand delivery, facsimile transmission, or mailing or depositing same in a post office or official depository under the care and custody of the United States Postal Service, in a properly addressed wrapper, postage prepaid, by certified mail and return receipt requested.

KEVIN HOWARD \ ATTORNEY FOR DEFENDANT @ THE STATE OF TEXAS Cause No. 142 U4WS IN THE DISTRICT COURT © v. COUNTY CRIMINAL COURT AT LAW NO. fy-dWrAvU. L&C- Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case. I I is not a plea-bargain case, and the defendant has the right of appeal, [or] jÿJ isa 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] 1~1 is a plea-bargain case, but the trial court has given permission to appeal, and the «Kejdaat has the right of appeal [or] I I isa plea-bargain case, and the defendant has NO nght of appeal, [or] I I the defendant has waived the right of appeal. By %rrH DEC 1 T ™ A \l-n-H ms 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 Criminal 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 m 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: \ddi4&bQ Telephone number: Mailing Address Fax number (if any): Telephone number Fax number (if any). * “A defendant in a cnminal case has the nght of appeal under these rules The tnal court shall enter a certification of the defendant's nght 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 wntten motion filed and ruled on before tnal, or (B) after getting the tnal court's permission to appeal ” TEXAS RULES OF APPELLATE PROCEDURE 25 2(a)(2)

CLERK 9/1/2011 APPEAL CARD

.A £ /xi/ Cause No. CEL 'pjr- H 2k}i% The State of Texas Vs ZfofJbfrf ) LBB Date Notice '}0 Of Appeal: lp-/g-lC

Presentation: Vol. Pg- _ Judgment: Vol. Pg-.

Judge Presiding ,ÿw5ÿQ~ISlg/rtAAÿ Court Reporter Cj'Lrf\L LflC/jyv Court Reporter __ Court Reporter

Attorney on Trial foJ 1 hi Ufo yAti\

Attorney on Appeal

Appointed Hired

OffenseU Aid | . AS PA 1 1 Ar "4/)b 6CflJU.S Jury Trial: Yes No y Punishment Assessed _ \4 1 Me s 7hr, 1 Companion Cases (If Known) _ Amount of Appeal Bond

Appellant Confined:

Date Submitted To Appeal Section ,

kJ ) A

Yes >/ _No. „

Deputy Clerk P&££ I US Notice ot Appeal Caid Rev 9 84 w