David Kirkland v. State

Court of Appeals of Texas

David Kirkland v. State

Court of Appeals of Texas·Decided December 2, 2015·No. 01-15-01018-CR·Published

Opinion

01-15-01018-CR CHRIS DANIEL 4S» HARRIS COUNTY DISTRICT CLERK

November 30, 2015 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS CYNTHIA CLINE 12/2/2015 10:37:07 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 10131 TWILA SPRINGS COURT Clerk HOUSTON, TX 77095

Defendant’s Name: DAVID KIRKLAND

Cause No: 1467730

Court: 179™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 11/23/15 Sentence Imposed Date: 11/19/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: CYNTHIA CLINE

Sincerely*

fiminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas

RENEE REAGAN (DELIVERED VIA E-MAIL)

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

1201 Franklin P.O.Box 4651 Houston, Texas 77210-4651 • •A..,. Cause No . MfT73o THE STATE OF TEXAS V. Ktft!HAr40.7* PAtflD , A/K/A/

y~\ÿ\ District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On (date), the defendant in the above numbered and styled cause eive£>ÿ NOTICE OF APPEAL of his conviction. A

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

W'ZO'\S Date Attorney (Signature)

dAKlH 1 Defendant (Printed name) AMeuAet Attorney (Printed name) Vfol OHÿY State Bar Number (3N T&yar Q(£ ST£ |2 Address

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. SÿÿkSKS 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 ceauested relief.

II ko VJHIUAXLC) Defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON NOV 1 0 2015 By Deputy District Clerk of Harris County, Texas

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-\vithout AfFmnation).docPage 1 of 2 1/09/08 ' ..i. .. . ORDER

On ([ÿ 2‘O'V0\Sÿ the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. VÿJÿmploying counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that motion to withdraw is .jbENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and L } CYmtw-tA- ctMg (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. '£ÿÿThe 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. (ÿDENIED and is SET at No BOND. (Felony Only) DATE SIGNED: ll-Jt -2ÿ15- V JUDGE PRESIDING, / N. 1"ÿ1 DISTRICT COURT / \ COUNTY CRIMINAL COURT AT LAW/NO. HARRIS COUNTY, TEXAS, S

http://hcdco-intranet/CriminaI/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without AfTirmation).docPage 2 of 2 1/09/08 PAUPER’S OATH ON APPEAL CAUSE NO.: 14fc~R36 OFFENSE: UfeggL THE STATE OF TEXAS [Tj DISTRICT COURT VS. OF 'DM ID HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) jp Appoint appellate counsel to represent him. Asks the court to order that a freer-record bejarovided t&him.. w a 0bt&p9i?t, 4%

fflÿNDANT SL SUBSCRIBED AND SWORN to before me,rthis A.D.;2D

DEPUTY DISTRICT CCERK _ DISTRICT COURT \(l$> HARRIS COUNTY, TEXAS

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

The court orders that CYKTVUA CI/NIE 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. K

It is further ordered that tte clerk of this court mail a copy me order to die court reporterÿ (Lgr-i.fZJZ. V&fo dVvAlbv certified mail reti receipt recÿstedÿÿÿ

PRESIDING--•/« _DISTRICT COUR \WrbVS xpL

— HARRfS COUNTY, TEXAS

AFFIRMATION I, A\< v , Attorney at Law, swear or affirm that I will be solely responsible flor writing a brief and representing the appellant on appeal. If I am not able to preform my dudes] as appellate counsel, I will notify the court immediately so that the court may take the 4>prqpriate action as deemed necessary. (SI( IRE) BAR/SPN NUMBER s

tm (LUM 7V 7 CITY STATE ZIP

7 ~7 13ÿ 'PHONE FAX NUMBER J EMAR/ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ONÿ_

DEPUTYDRjJRICT CLERK (SIGNATURE) DISTRICT CLERK -f1 iffcll Cause No. THE STATE OF TEXAS IN THE 17fra DISTRICT COURT

COUNTY CRIMINAL COURT AT LAW NO.

VfjVyO fendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judgp of the trial court, certify this criminal case: 7> M. is not a plea-bargain case, and the defendant has the right of appeal, [or] '«S5w % is a plea-bargain case, but matters were raised by written motion filed and ruled on beforeÿ and 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]

Jÿÿ the defendant has waived the right of appeal.

this certification is made subsequent to a revocation of probation or adjudication of guilt

Judge l IX AUG 0 6 2015 Date Signed

I have received a copyÿof thiscertification. 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’ judgment and opinion to my last known address and that I have only 30 days in which to file a pro se petition of 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 1 lose the opportunity to file a pro se petition for discretionary review.

-x( Defendant Defendant’s Counsel

Mailing Address: 7 State Bar of Texas ID number: § feu h i) Telephone number: Mailing Address:

Fax number (if any): 1 Telephone number: nRsoznn Fax number: *“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 APPEAL CARD

Court Hl-lb Cause No. P3 The State of Texas

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