Deborah Winfield v. State

Court of Appeals of Texas·Decided May 29, 2015·No. 01-15-00486-CR·Published

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

<r.i-

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 ”

PHONE FAX NUMBER C{/ll . QAJIM.(ÿpofoMoslx. \M)Jh {V\

»

MAIL ADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON m mb _ AY 1 DEPUTY DISTRICT CLERKigjGNATURE) DISTRICT CLERK

APPEAL CARD

6 1st Cl -w.

The State of Texas

wMLkkMi 5-1-1*

Date Notice Of Appeal: _ frtf\-W(b Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Judge Presiding, md m Court Reporter_ TKI6H maJHftewS Court Reporter_ Court Reporter,

Attorney on Trial o\M Attorney .

on Appeal fp be Atfexm Appointed Hired,

Offense Hi Jury Trial Yes No

Punishment Assessed _ 6 SIW _

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

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