Deborah Winfield v. State

CourtCourt of Appeals of Texas
DecidedMay 29, 2015
Docket01-15-00486-CR
StatusPublished

This text of Deborah Winfield v. State (Deborah Winfield 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.

Bluebook
Deborah Winfield v. State, (Tex. Ct. App. 2015).

Opinion

CHRIS DANIEL 01-15-00486-CR 9 & HARRIS COUNTY DISTRICT CLERK

FILED IN May 18, 2015 1st COURT OF APPEALS HOUSTON, TEXAS JANI MASELLI 5/29/2015 2:13:56 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 1201 FRANKLIN, 13™ FLOOR Clerk HOUSTON TEXAS 77002

Defendant’s Name: DEBORAH WINFIELD

Cause No: 1454262

Court: 230th Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 05/07/2015 Sentence Imposed Date: 05/07/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JANIE MASELLI Pauper's Oath 05/07/2015

Sincerely,

Criminal Post Trial Deputy

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

TRISH MATTHEWS (DELIVERED VIA E-MAIL)

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

RECORDER'S MEMORANDUM

1201 Franklin P.O.Box 4651 Houston, Texas 772 10-465 1 Cause No. J THE STATE OF TEXAS TX’kflfq.k \A)W\ 'fieJ1 V. A/K/A/ *•

Zyo District Court/ County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On Sfall 5 _ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box):

— to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date cshlr Attorney (Signature) BL tL K pj In fie (rl Cf H Q yV<£ Attorney (Printed name) Defendant (Pÿinttjd name)ÿ Chris Daniel District Clerk State Bar Nunÿber MAY 0 7 2015 Tima:. 5T~-7ÿ/5~ Address Harris County, Texas 7/3 ~3(>t -OOI L Deputy 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) Defendant’s Printed name HAY Q7 20IJ SWORN TO AND SUBSCRIBED BEFORE ME ON /

By Deputy District Clerk of Harris County, Texas

http://hedco-intranet/Criiriinal/Criminal District Courts/Felony Clerics1 Info Site/Criminal Forms/Noticc ofApperi.doc Page 1 of 3 06/01/06 ORDER

On HAY Q7 2015 the Court conducted a hearing and FINDS that defendant / appellant

iSjyoT indigent at this time. &IS indigent for the purpose of employing counsel paying 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 (ÿ'TTounsel’s motion to withdraw is (jRANTEb / DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. / 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: o/ SET at $ joO. AGO To CONTINUE as.preseotly set. DENIED and is SET at NO BOND. (Felony Only) HAY 0 7 2015 DATE SIGNED:

ILMGE PRESIDING, € DISTRICT COURT / COUNTY CRIMINAL COURT AT'LAW NO. HARRIS COUNTY, TEXAS

lmp://hcdco-imraiiet/Crimimil/Criminal District Courts/Felony Clerks’ Info Sitc/Criminal Forms/Notice ofApped.doc Page 2 of 3 06/01/06 THE STATE OF TEXAS Cause No. l}iS_ IN THE DISTRICT COURT © v. COUNTY CRIMINAL COURT AT LAW NO. Oe,lorcS\ k/infijU, 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 of appeal, [or] I I is a plea-bargain case, and the defendant has NO right of appeal, [or] I I the defendant >f appeal. W 0 ? 2015 Date Signed

I have received a copy of this certification. I have alsoÿbeen 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.

(iQ /Defendant Defendant's Counsel

MailingfAddress: _ State Bar of Texas ID number: Telephone number: Mailing Address:

Fax number (if any): Telephone number: 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). CLERK 9/1/2011 PAUPER’S OATH ON APPEAL CAUSE NO.<ÿ )LjS’L!ÿ bSs OFFENSE:

THE STATE OF TEXAS TJÿfQ DISTRICT COURT OF TV Ion iJ » HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES S)elof«K defendant in the above stylecrand 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) JET Appoint appellate counsel to represent him. JzS Asks the court to order that a free record be provided to him.

* DEFENDANT SUBSCRIBED AND SWORN to before me, this F I! ;r, 1 day of & A.D., 2

Or'- YDISTRICT CLERK S'r : 2 or',: _ m ? ?i='3 \J DISTRICT COURT i RlSCOUNTY, TEXAS *~.v!o Y'JJICO BSf-™, ORDER On the court conducted a hearing and found that the defendant is indigent.

The court orders that _; sf\h)\ r(9 6z ( M LL _ is appointed to represent f) /}/!ÿ defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter’s record without charge to thei defendant/appellant.

_ It is further ordered that the clerk of this court mail a copy of the order to the court reporter: , by certified mail return receipt requested.

J1 ’RESIDING .DISTRICT COURT COUNTY, TEXAS

AFFIRMATION , 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 appdiate counsel, I will notifyÿhe court immediately so that the court may take the a opriat i as deemed necessary. '

, , y XORNEY*(SIGNATUREL ~ - 0079 Ilfs' BAR/SPN NUMBER

13ÿ1 FZÿQPI)£(AA J'2? \fL 7% 7 /do A ADDRESS 'CITY SJATE ZIP "7(3- 3(o ”

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Bluebook (online)
Deborah Winfield v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deborah-winfield-v-state-texapp-2015.