Candance Nicole Maxie v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 01-15-00127-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00127-CR HARRIS COUNTY DISTRICT CLERK

February 9, 2015 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE SUSAN BROWN 2/12/2015 10:40:36 AM 185TH DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk HOUSTON, TX

Defendant's Name: ·CANDANCE NICOLE MAXIE

Cause No: 1421350

Court: 185 TH DISTRICT COURT

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

Notice of Appeal Filed Date: 2/3115 Sentence Imposed Date: 4/21114 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

{f);:~elY, ~{1s- 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 '1.,/'1 .1'6" THE STATE OF TEXAS CAUSE NO, \lt2\~500\O\O X \

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT: , COMES NOW, ~ C1D~\CA Ct N\(o\e Y\~o...V.\'f-" Defendant in the above styled and numbered

cause and, pursuant to rule 40(b) of the Texas Rules of Appellate Procedure, files this Notice of Appeal within the reqUired thirty (30) days time period following the day of sentence (or suspension in open Court, or the day that an appealable order is signed), to the Texas Court of Criminal Appeals,

******IF THE DEFENDANT HAS PLED GUILTY OR NOLO CONTENDERE IN THIS CASE, THEN HE/SHE MUST STATE AND PROVE THAT HE/SHE HAS BEEN GRANTED PERMISSION TO APPEAL THE CASE BY THE TRIAL COURT*****

EXAMPLE: The Defendant has been granted permission to appeal this case by the Trial Court through the Honorable Judge _ _ _ _ _ _ _ _ _ _ _ on the '-'_ _ day of _ _ _ _ _ _ , 20 _ .

****** OR DEFENDANT MUST STATE THAT "THOSE MATTERS WERE RAISED BY WRITTEN MOTION

BY THE DEFENDANT AND WERE RULED UPON BEFORE THE TRIAL."****

******TWO COPIES OF THIS MOTION MUST BE SENT TO THE COURT******

RESPECTFULLY SUBMITTED,

DEFENDANT

L1A1l6 6 - ... tCtV\dace f'Jlco\e.M~l t: 01'2L\-lotDloi "I, (INSERTNAMEAND INMATE IDENTIFYING NUMBER FROM TEXAS DEPARTME NTOFCORRECTIONS

OR COUNTY lAID, being presently incarcerated in (INSERT TEXAS DEPARTMENT OF CORRECTIONS UNIT NAME OR COUNTY JAIL NAME) in Bo..rr\ ~ County, Texas, declare under penalty

of perjury that the for going is true and correct.

EXECUTED ON (DATE) OJ /:J...:t-)Q-oIJ

ORDER

On this the ----=·6=-___day of ~ ...J 20 J.5 , came to be heard by me, the Defendant's NOTICE OF APPEAL and it appears to this court that this motion should be I GRANTED:_~ _ _ __ . DENIED: __"--L-__----:~"'_;_ Cause No. JLfdl~ THE STATE OF TEXAS IN THE) ~STRICT COURT

COUNTY CRIMINAL COURT AT LAW No.

HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL*

I, judge of the trial court, certify this criminal case: D is not a plea-bargain case, and the defendant has the right of appeal. [or] D 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 plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. [or] I2t' Yo plea-bargain case, and the defendant has NO right of appeal. [or] ~ the defendant has waived the right of appeal.

Judge' ~ Date Signed

I have received a copy of this certification. I have also been infonned 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! wish to appeal this case and if! am entitled to do so, it is my duty to infonn 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 eVlew.

rr endant Defendant's Counsel

Mailing Address: ----a:Fl---i!!l-L-9::::It-.,e.E. . ._D=---__ L3d 3f?1'OO State Bar of Texas ill number:

m~ l-3'{)ol1 ChriS Dante' Telephone number: District Clerk Mailing Address: Fax number (if any): Telephonenumber:.2 '5 4:?&J ." --,._-- .• t ....

By ___--·-ci·.;;r--"'~·~ <,.,:." . . ..;;.r

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 pennission to appeal." TEXAS RULES OF ApPELLATE PROCEDURE 25.2(a)(2).

9/1/2011 R · APPEAL CARD \st ~-ao-'f Court Cause No. \-\ S \L\' ~ \ ~50 The State of Texas

~ U-X\.&.Cl..h~-0 ?s lCC) \~ m~I{l\6 Date Notice Of Appeal: _ _ _bt_:_(~_",-ll_S _____ tf--~ 1-14 Presentation: Vol._ _ Pg. _ _

Judgment: Vol._ _ Pg._ _

Judge Presiding O~cSA.,.J ~ ULC5W ~ Court Reporter__KJ----LI_II:::. _ _ _ _ _ _ __ Court Reporter_ _ _ _ _ _ _ _ _ __ Court Reporter_ _ _ _ _ _ _ _ _ __

Attorney 61l T. ial ~&~~~ Attorney •. \ on Appeal_ _ _IN __ ~_ _ _ _ _ _ __ I Appointed Hired,_ _ __

Offense ~ + - ~rD ~ ~ Jury Trial: Yes No ~ Punishment Assessed_ _L(_y..J".'('_

Amount of Appeal Bond_ _ _tJ_LII:....L...A_ _ _ _ __

Appellant Confined: Yes_ _ _ No 'A Date Submitted To Appeal Section_'_ _"""""""'-=..;;......:,,"--_ _ __

Deputy Clerk,_ _ _=--IL-===::........_----:--i~:4

Notice of Appeal Card R.:v, 9i84