Darrian Dewayne Johnson, Jr. v. State

Court of Appeals of Texas

Darrian Dewayne Johnson, Jr. v. State

DecidedApril 21, 2015

Docket12-15-00099-CR

StatusPublished

This text of Darrian Dewayne Johnson, Jr. v. State (Darrian Dewayne Johnson, Jr. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Darrian Dewayne Johnson, Jr. v. State, (Tex. Ct. App. 2015).

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Opinion

ACCEPTED 12-15-00099-CR TWELFTH COURT OF APPEALS TYLER, TEXAS Appellate Docket Number: 12-15-00099 4/21/2015 2:59:42 PM CATHY LUSK CLERK Appellate Case Style: Style: JOHNSON, DARRIAN DEWAYNE JR

State of Texas

FILED IN Coirpanion Case: 12-15-00100 12th COURT OF APPEALS TYLER, TEXAS 4/21/2015 2:59:42 PM CATHY S. LUSK Amended/corrected statement: • Clerk

DOCKETING STATEMENT (Criminal) Appellate Court: 12th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant n. Appellant Attorney(s) FirsiName: Daman • Lead Attorney Middle Name: Dewayne First Name: Forrest Last Name: Johnson Middle Name: K Suffix: Jr. Last Name: Phifer Appellant Incarcerated? | Yes • No Suffix: Amount of Bond: $0.00 ^ Appointed • District/County Attorney Pro Se: Q • Retained • Public Defender

Firm Name: Law Office of Forrest K. Phifer

Address 1: RO. Box 829

Address 2: City: Rusk

State: Texas Zip+4: 75785-0829

Telephone: 903-683-9592 ext. Fax: 903-683-9592 Email: phiferiawoffice@suddenlittk.net SBN: 15908570

Add Another Appellant/ Attorney

Page 1 of5 Appellee IV. Appellee Attorney(s)

First Name: State of Texas ^ Lead Attorney Midc le Name: First Name: Charles Last Name: Middle Name: J Suffix: Last Name: Breaux App

Natiire of Case (Subject matter Controlled Substances Was the trial by: • jury or E non-jury? or tj/pe or case): Date notice of appeal filed in trial court: 01/20/2015 Typ 5 of Judgment: Bench Trial If mailed to the trial court clerk, also give the date mailed : Datci trial court imposed or suspended sentence in open court or date trial court entered appealable order: 01/008/2015 Offi nse charged: Possession/Controlled Substances PG 1 <1G Punishment assessed: two (2) years State Jail w/ 150 days credit

Date of offense: 07/21/2012 Is the appeal from a pre-trial order? • Yes No Defijndant's plea: Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If giilty, does defendant have the trial court's certificate to appeal? • Yes ^ N o ^Yes •No

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: K|Yes • N o If yes, date filed: 04/15/2015 Motion in Arrest of Judgment: • Yes • No If yes, date filed: Oth(;r: ^ Y e s • No If yes, date filed: If other, please specify: MTA Order issued l/8/12;Order appointing atty issued 2/12/15, but filed 3/17/15 & served 3/25/15

VII; Indigency Of Party: (Attach fUe-stamped copy of motion and affidavit)

Mol ion and affidavit filed: [ lYes • N o • N A Ifyes, date filed: 01/20/2015 Dat J of hearing: K N A

Datt of order: 02/12/2015 • NA Rul ng on motion: ^ (5ranted • Denied • NA If granted or denied, date of ruling: 02/12/2015

Page 2 of 5 vni Trial Court And Record

Court: Second Judicial District Court Clerk's Record: Coutity: Cherokee County Trial Court Clerk: | ^ District • County Trial Court Docket Number (Cause no): 18851 Was clerk's record requested? ^ Yes • No Trial Court Judge (who tried or disposed of the case): If yes, date requested: 04/15/2015 If no, date it will be requested: First Name: Bascom Were payment arrangements made with clerk? Midc leName: W • Yes • No ^Indigent Last •^ame: Bentley Suffi K: ni. Addt essl: 135 S. Main Addi ess 2: City: Rusk State : Texas Zip + 4: 75785 Telei )hone: 903-683-2236 ext. Fax: 903-683-2238 Ema 1:

Repo rter's or Recorder's Record: Is there a reporter's record? | ^ Yes Q No Was reporter's record requested? ^ Yes [I]No Was the reporter's record electronically recorded? Yes • No If ye s, date requested: 04/15/2015 Wer ; payment arrangements made with the court reporter/court recorder? C]Yes Q N O ^Indigent

K <3ourt Reporter • Court Recorder • .Official D Substitute

First Name: Nancy Mid lie Name: Last Name: Adams Suff x: Add essl: 135 S. Main Add -ess 2: City Rusk Stat. 5: Texas Zip + 4: 75785 Tele phone: 903-683-2236 ext. Fax: 903-683-2238 il:

Page 3 of 5 IX. iRelated Matters

List < Jiy pending or past related appeals before this or any other Texas appellate court by court, docket number, and style Docklet Number 12-i5-00100 Court: 12th Judicial Court erf Aj^eals

Stylef Johnson, Darrian Dewayne Jr

Vs Stated Texas

Sign;iture of counsel (or Pro Se Party) Date 04/21/2015

State Bar No 1S908570 Printbd Name:

Eleclkonic Signature: /s/ Forrest Phifer Name: Forrest K. Phifer (Optional)

XI. iCertifitate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on

Signature of counsel (or pro se party) Electronic Signature: /s/Forrest K. Phifer (Optional)

State Bar No 15908570 PersAn Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the paiiy represented by that attorney

Page 4 of 5 Please enter the following for each person served:

Date Served: j Man ler Served Fax First Name: Chiles Middle Name J Last Name: Braux Suffix: Jr.

Law Firm Name District Attcmey*8 Office Add-essl: 135 S. Main Add ess 2 P.O. Box 450 City Stati Texas Zip+4 75785

Telephone 903-683-2573 ext Fax: 903-683-2309 Emalil:

Page 5 of 5

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ACCEPTED 12-15-00099-CR TWELFTH COURT OF APPEALS TYLER, TEXAS Appellate Docket Number: 12-15-00099 4/21/2015 2:59:42 PM CATHY LUSK CLERK Appellate Case Style: Style: JOHNSON, DARRIAN DEWAYNE JR

State of Texas

FILED IN Coirpanion Case: 12-15-00100 12th COURT OF APPEALS TYLER, TEXAS 4/21/2015 2:59:42 PM CATHY S. LUSK Amended/corrected statement: • Clerk

DOCKETING STATEMENT (Criminal) Appellate Court: 12th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant n. Appellant Attorney(s) FirsiName: Daman • Lead Attorney Middle Name: Dewayne First Name: Forrest Last Name: Johnson Middle Name: K Suffix: Jr. Last Name: Phifer Appellant Incarcerated? | Yes • No Suffix: Amount of Bond: $0.00 ^ Appointed • District/County Attorney Pro Se: Q • Retained • Public Defender

Firm Name: Law Office of Forrest K. Phifer

Address 1: RO. Box 829

Address 2: City: Rusk

State: Texas Zip+4: 75785-0829

Telephone: 903-683-9592 ext. Fax: 903-683-9592 Email: phiferiawoffice@suddenlittk.net SBN: 15908570

Add Another Appellant/ Attorney

Page 1 of5 Appellee IV. Appellee Attorney(s)

First Name: State of Texas ^ Lead Attorney Midc le Name: First Name: Charles Last Name: Middle Name: J Suffix: Last Name: Breaux App

Natiire of Case (Subject matter Controlled Substances Was the trial by: • jury or E non-jury? or tj/pe or case): Date notice of appeal filed in trial court: 01/20/2015 Typ 5 of Judgment: Bench Trial If mailed to the trial court clerk, also give the date mailed : Datci trial court imposed or suspended sentence in open court or date trial court entered appealable order: 01/008/2015 Offi nse charged: Possession/Controlled Substances PG 1 <1G Punishment assessed: two (2) years State Jail w/ 150 days credit

Date of offense: 07/21/2012 Is the appeal from a pre-trial order? • Yes No Defijndant's plea: Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If giilty, does defendant have the trial court's certificate to appeal? • Yes ^ N o ^Yes •No

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: K|Yes • N o If yes, date filed: 04/15/2015 Motion in Arrest of Judgment: • Yes • No If yes, date filed: Oth(;r: ^ Y e s • No If yes, date filed: If other, please specify: MTA Order issued l/8/12;Order appointing atty issued 2/12/15, but filed 3/17/15 & served 3/25/15

VII; Indigency Of Party: (Attach fUe-stamped copy of motion and affidavit)

Mol ion and affidavit filed: [ lYes • N o • N A Ifyes, date filed: 01/20/2015 Dat J of hearing: K N A

Datt of order: 02/12/2015 • NA Rul ng on motion: ^ (5ranted • Denied • NA If granted or denied, date of ruling: 02/12/2015

Page 2 of 5 vni Trial Court And Record

Court: Second Judicial District Court Clerk's Record: Coutity: Cherokee County Trial Court Clerk: | ^ District • County Trial Court Docket Number (Cause no): 18851 Was clerk's record requested? ^ Yes • No Trial Court Judge (who tried or disposed of the case): If yes, date requested: 04/15/2015 If no, date it will be requested: First Name: Bascom Were payment arrangements made with clerk? Midc leName: W • Yes • No ^Indigent Last •^ame: Bentley Suffi K: ni. Addt essl: 135 S. Main Addi ess 2: City: Rusk State : Texas Zip + 4: 75785 Telei )hone: 903-683-2236 ext. Fax: 903-683-2238 Ema 1:

Repo rter's or Recorder's Record: Is there a reporter's record? | ^ Yes Q No Was reporter's record requested? ^ Yes [I]No Was the reporter's record electronically recorded? Yes • No If ye s, date requested: 04/15/2015 Wer ; payment arrangements made with the court reporter/court recorder? C]Yes Q N O ^Indigent

K <3ourt Reporter • Court Recorder • .Official D Substitute

First Name: Nancy Mid lie Name: Last Name: Adams Suff x: Add essl: 135 S. Main Add -ess 2: City Rusk Stat. 5: Texas Zip + 4: 75785 Tele phone: 903-683-2236 ext. Fax: 903-683-2238 il:

Page 3 of 5 IX. iRelated Matters

List < Jiy pending or past related appeals before this or any other Texas appellate court by court, docket number, and style Docklet Number 12-i5-00100 Court: 12th Judicial Court erf Aj^eals

Stylef Johnson, Darrian Dewayne Jr

Vs Stated Texas

Sign;iture of counsel (or Pro Se Party) Date 04/21/2015

State Bar No 1S908570 Printbd Name:

Eleclkonic Signature: /s/ Forrest Phifer Name: Forrest K. Phifer (Optional)

XI. iCertifitate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on

Signature of counsel (or pro se party) Electronic Signature: /s/Forrest K. Phifer (Optional)

State Bar No 15908570 PersAn Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the paiiy represented by that attorney

Page 4 of 5 Please enter the following for each person served:

Date Served: j Man ler Served Fax First Name: Chiles Middle Name J Last Name: Braux Suffix: Jr.

Law Firm Name District Attcmey*8 Office Add-essl: 135 S. Main Add ess 2 P.O. Box 450 City Stati Texas Zip+4 75785

Telephone 903-683-2573 ext Fax: 903-683-2309 Emalil:

Page 5 of 5

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