Brandon Toderick Johnson v. State

Opinion

CHRIS DANIEL 01-15-00444-CR 9 E HARRIS COUNTY DISTRICT CLERK

FILED IN

May 8, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

5/13/2015 1:58:34 PM

THOMAS LEWIS CHRISTOPHER A. PRINE

ATTORNEY OF RECORD Clerk 1602 WASHINGTON AVE. HOUSTON TEXAS 77007

Defendant’s Name: BRANDON TODERICK JOHNSON

Cause No: 1378279

Court: 230™ Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 04/30/2015 Sentence Imposed Date: 04/30/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: THOMAS LEWIS Pauper's Oath 04/30/2015

Sincerely,

/§/ N. aahnas Criminal Post Trial Deputy

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

TRISH MATTHEWS (DELIVERED VIA E-MAIL)

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

1 20 1 Franklin P.O. Box 465 1 Houston, Texas 772 1 0-465 1

Cause No.

THE STATE OF TEXAS

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iHMUMMin , A/KJAJ

District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On m a u 2on NOTICE OF APPEAL: of his conviction.

(date), the defendant in the above numbered and styled cause gives

The undesigned attorney (check appropriate box):

to withdraw.

ADVISES the court that he will CONTINUE to represent the defendant on appealÿ

Date APft ~3 0 2015 Attorney (Signature)

( X

Defendant (Printed name) Attorney (Printed name) ( ]

IFILS'Jil) fjÿnsrhCP_ State Bar Number , GjSft tyl fv&ikliti (Tu 3ÿ°

By.

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HlTri? cTu-.iji;vJiST

Address

oft Telephone Number

'

The defendant (check all that apply):

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.

-f Defendant (Signature) Defendantÿ in ted nam

o

<, S&ob/i

•SWOKTTTO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas APK 3 0 2015

http://hcdco-intranet/Criminal/Criminal District Courts/Felony Clerks' Info Site/Criminal Forms/Notice of Apped.doc Page 1 of 3

ORDER

APR 3 0 2015

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

IS NOT indigent at this time.

for the purpose of

Giremploying counsel

for a clerk’s and court reporter’s record.

counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that motion to withdraw isÿRANTÿD'?DENIED. V* Defendant / 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 $ To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED:

APR 3 0 2015

JUDOEPREÿlDING,

DISTRICT COURT /

COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

http://hcdco-intranel/Criminal/Criminal District Courts/Felony Clerks' Info Site/Criminal Forms/Notice ofAppeal.doc Page 2 of 3 m THE STATE OF TEXAS Cause No. IM1

IN THE m DISTRICT COURT ©

v. COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge opthe trial court, certify this criminal case:

H is not a plea-bargain case, and the defendant has the right of appeal. [or\ n 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]

I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or]

I I is a plea-bargain casgÿamlthe defendant has NO right of appeal, [or] I I the defepdafifnas waived the right of appeal.

APR 3 o 2015

Jud 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 in my address, I may lose the opportunity to file a pro se petition for discretionary review.

Brandon CflQcJihfV pDefendant _

$ T;

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Defendant's Counsel % Mailing Address: State Bar of Texas ID number:

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—

Telephone number: Mailing Address: 32/0 Fax number (if any): Telephone number:

t&rTh no*0

Fax number (if any):

* “A defendant in a criminal caseilias 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).

CLERK

APPEAL CARD

VPi

W& p*'- u /

The State of Texas

mm PrMn H-'bO'tS' _ Date Notice Of Appeal:

Presentation:

_ Vol. Pg..

Judgment: Vol. Pg-.

Judge Presiding m(\ mf

Court Reporter Wm wiliftw? Court Reporter Court Reporter

Attorney on Trial_ J (jfM6 Attorney on Appeal jv doform be ned

Appointed iÿHired

Offense. wEn Jury Trial Yes

Punishment Assessed _ k 1ft 10l£

_ NJA

Companion Cases (If Known)

Amount of . Appeal Bond.

Appellant Confined: Yes / No

Date Submitted To Appeal Section.

Deputy Clerk. AjmCM (AJ