David Luis Cabrera v. State

Opinion

01-15-00281-CR

CHRIS DANIEL

HARRIS COUNTY DIS me r CLERK

©CEOTVZ& FILED IN

March 10,2015 1st COURT OF APPEALS HOUSTON, TEXAS

HONORABLE MARC C CARTER 3/26/2015 2:34:29 PM 228TH DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk HOUSTON, TX

Defendant’s Name- DAVIS LUIS CABRERA

Cause No 1412605

Court 228™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause

Notice of Appeal Filed Date: 03/05/15 Sentence Imposed Date: 02/03/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely,

S>- S. NORRIS Criminal Post Trial Deputy

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

LISA MILLS (DELIVERED VIA E-MAIL)

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

1201 Franklin PO Box 465 1 Houston, Texas 77210-4651

* \ Cause No.

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THE STATE OF TEXAS _vr r|: /o- £/ÿ

D/t Vi it U< IS Ck. V)\zr\r/ij V. CF , A/K/A/ _ fc-"

;niSHiR -5 AH ID- 56 'VZ&1 District Court / County Criminal Court at Law No.

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CRIMINAL ciisi OMF.

Harris County, Texas SFRVICE

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On i Z0\ b (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction

The undersigned attorney (check appropriate box):

MOVES to withdraw ADVISES the court that he will CONTINUE to represent thÿdefendant on appeal / fA

Date Attorney (Signature) djl/LU Odv/iVi Lldi&.

Defendant (Printed name)

nk_ ftAiikAA Hh LuHr Attorney (Printed name) »

State Bar Number

kiAih ’ZDt) f4lFu£fayi l/-

Address

piso

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

Defendant (Signature)

~DcrVi'J

Defendant’s Printed name

>/2L/C_

JSW0KN TO AND SUBSCRIBED BEFORE ME ON 03ÿ15' By Deputy District Clerk of Hams County, Texas J#2 http //hcdco-intranet/Criminal/Crimmal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pases-without Affirmation) docPaae 1 of 2

ORDER

On

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

IS NOT indigent at this time IS indigent for the purpose of employing counsel paying for a clerk's and court reporter's record D employing counsel or paying for a clerk's and court reporter's record The Court ORDERS that Counsel's motion to withdraw is GRANTED /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

The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant

BAIL is s/ SET at $ S~0,/ 006 , TO CONTINUE as presently set DENIED and is SET at No BOND (Felony Only)

DATE SIGNED £>3>o JUftfiTPRESIDING,

V DISTRICT COURT /

COUNTY CRIMINAL COURT AT LAW NO HARRIS COUNTY, TEXAS

http //hcdco-intranet/Crimmal/Crirmnal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 paaes-without Affirmation) docPage 2 of 2

S3 THE STATE OF TEXAS Cause No. 1ÿ1

IN THEÿTK? DISTRICT COURT ©

v. COUNTY CRIMINAL COURT AT LAW NO.

Ihi/id Cc\ \>rerg _, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case:

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

I I 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]

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

"vT is a.plea-balgain case, andAWefendant has NO right of appeal, [or]

defendant has waivdrthe riafit of appeal.

AUG - 6 20M

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.

Defendant Defendant's Counsel *

Mailing Address: _ State Bar of Texas ID number: Telephone number: Mailing Address: 770 D > Fax number (if any): Telephone number: D_ *W)e;

W6 Os 4 _ Fax number (if any):

* “A defendant in a criminalÿ tiese rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it entftÿa ilt 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 H-H-iS

Court Cause No.

miZ.LeQS

The State of Texas

Vs

CJ\€> T)M\b Lui-b J?2- Date Notice a-3-is

Of Appeal: . 03 0515 Presentation: Vol. Pg-.

Judgment: Vol. pg-. Judge Presiding, M ckvr&L- Court Reporter, um±xs Court Reporter Court Reporter,

Attorney on Trial_ l4r.Anhÿ LsfTtjS- Attorney on Appeal,

Appointed. Hired

Offense T}efipuÿ Lt2£/}J Jury Trial Yes No

Punishment Assessed _ 3y Tpc-

(If Known)

_

Companion Cases ttLl ZMk

Amount of Appeal Bond t Appellant Confined: Yes No

Date Submitted To Appeal Section DÿDOI‘3' Deputy' Clerk JM