Carl Dion Lovings v. State

• Court: Court of Appeals of Texas
• Decided: February 27, 2015
• Docket: 14-15-00167-CR
• Status: Published

Opinion

CHRIS DANIEL 'S it- HARRIS CorNTV DISTRICT Ci I RK

$ FILED IN February 23. 2015 14th COURT OF APPEALS HOUSTON, TEXAS 2/27/2015 9:04:26 AM JANI MASELLI WOOD ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name: CARL DION COVINGS

Cause No: 1419029

Court: 1 77™ DISTRICT COURT

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

Notice of Appeal Filed Date: 2/19/15 Sentence Imposed Date: 2/19/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: JANI MASELLI WOOD

Sincerely,

) V S. NORRIS TXTAO Criminal Post Trial Deputy

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

LINDSAY ARREDONDO (DELIVERED VIA E-MAIL)

LINDA HACKER

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 10-465 1 Cause No. 1419029

THE STATE OF TEXAS V. CARL DION LOVINGS

177 TH District Court / County Criminal Court at Law No. _ Harris County, Texas _ '

12?ÿ t

NOTICE OF APPEAL

.. — TO THE HONORABLE JUDGE OF SAID COURT: (\ p0 r 1ÿ; I''*3 (date), the defendant in the above numbered and styled cause gives On NOTICE OF APPEAL of his convÿion.

The undersigned attorney (check appropriate box): MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal.

2, jiib: yiw DM , Attorney (Signature) (A if. L

Defendant (Signature) Defendant’s PrintGLhame,

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas miA http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Page 1 of 3 06/01/06 ORDER

On | (qÿ((5 the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. IS indigent for the purpose of Jÿemploying counsel JSÿpaying 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 withdrawfÿfGRANTEj) / DENIED. 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. 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: “2 -A9/IS JUD /

COUNTY ®KiiytiNAL;CouRTÿT: DAW N 0 HARRIS COIÿTY, JEXÿS CC/?

http://hcdco-intranel/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Page 2 of 3 06/01/06 PAUPER’S OATH ON APPEAL CAUSE NO.: OFFENSE: THE STATE OF TEXAS ISTRICT COURT

_ VS. OF V* HARRIS COUNTY, TEXAS 7 TO THE HONORABLE JUDGE OF SAID COUÿT: NOW COMES. - . defendant in the above styled and numbered cause, and states under oath that he iÿnvitnout funds, property or income. The defendant respectfully petitions the court to: (check all that apply) Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.

DEFENDANT

SUBSCRIBED, [WORN to before me, this. .day of A.D., 20. Chris Daniel District Clerk DEPUTY DISTRICT CLERK FEB 1 9 2015 _ DISTRICT COURT Time:. HARRIS COUNTY, TEXAS Harris County, Toxas"

Deputy ORDER On the court conducted a hearing and found that the defendant is indigent.

The court orders that _ is appointed to represent defendant/appellant on appeal. 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/pfthe order ta/the court reporter: . by certifiedmaj receiplÿquested.

W / JUDGEPRESIDWG z \ T/HVSTRICT COURT HARRIS COUNTY, TEXAS

AFFIRMATION ds -- , 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 appropriate action as deemed necessary. bl 0 <1S~ ATTORNEY (SIGNATURE)

1201 is ADDRESS

713 27q (g33A Sj- U CITY — BAR/SPN NUMBER/ •

STATE 7 ~)0Qÿ ZIP

PHONE FAX NUMBER

ion1, /vxtfis-f'tk ® p« m. EM[AIL ADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON 0ÿ DEPUTY DISTRICT CLERKÿGWVmRE) DISTRICT CLERK w Cause No. 141902901010 IN THE 177TH DISTRICT COURT THE STATE OF TEXAS COUNTY CRIMINAL COURT AT LAW NO. v. HARRIS COUNTY, TEXAS CARL DION LOVINGS TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case:

3 is not a plea-bargain case, and the defendant has the right of appeal, [or] is a plea-bargain case, but matters were raised by written motion fded 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] is a plea-bargain case, and the defendant has NO right of appeal, [or] the defendanfFasi wMved the right of appeal.

Judge 2 77 FEB 1 8 2015 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.

k Cflrrf /VnwC) Defendant Defendant's Counsel

Mailing Address: _ Chris Daniel District Clerk State Bar of Texas ID number: }Uc\ Telephone number: FEB 1 8 2015 Mailing Address: lime:. Harris County, Texas Fax number (if any): 3y Telephone number: Deputy 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). APPEAL CARD

Court Cause No. / 7 n Lumÿr? The State of Texas

&%JLL h L (111 Ll Date Notice Of Appeal: L Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Judge Presiding Cu yl/V. Lj±ic(c. Court Reporter Lj Court Reporter I j f \Cl & Uq> c, £ i'l— Court Reporter_

fd/tq fc/_ Attorney on Trial C~> <§/r Attorney Lc)Q&G/ on Appeal fDCJ Appointed Hired. Offense a Yz_" Fa «iAi{ ni&yiebt Jury Trial: Yes No

Punishment Assessed _ Companion Cases (If Known) jfij ft Amount of Appeal Bond & Appellant Confined: Yes No

Date Submitted To Appeal Section

Deputy Clerk M sahfl Q)