Donald Nealey v. State

Court of Appeals of Texas

Donald Nealey v. State

Court of Appeals of Texas·Decided November 25, 2015·No. 01-15-00999-CR·Published

Opinion

01-15-00999-CR

CHRIS DANIEL

4Bk HARRIS COUNTY DISTRICT CLERK

VggnW CORRECTION LETTER - DEFENDANT'S NAME FILED IN

November 20, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

11/25/2015 10:25:00 AM

BOB WICOFF ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk

1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name: DONALD NEALEY

Cause No: 1481930

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

Notice of Appeal Filed Date: 1 1/17/15 Sentence Imposed Date: 11/13/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BOB WICOFF

Sincerely, ~ S .ioc«&s S. NORRIS

Criminal Post Trial Deputy

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

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

1 20 1 Franklin P.O. Box 465 1 Houston, Texas 772 10-465 1

CHRIS DANIEL

9 g HARRIS COUNTY DISTRICT CLERK $ 9 November 18, 2015

BOB WICOFF ATTORNEY OF RECORD 1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name- DONALD NEALY

Cause No 1481930

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

Notice of Appeal Filed Date: 1 1/17/15 Sentence Imposed Date: 11/13/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BOB WICOFF

Sincerely,

S. NORRIS

Criminal Post Trial Deputy

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

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

RECORDER’S MEMORANDUM This instrument is of poor quality at the time of imaging

1201 Franklin PO Box 4651 Houston, Texas 77210-4651

Cause No

THE STATE OF TEXAS

4U3mz>

-V2--ft*

V'

fhMALA |\kS&U§y A/K/A/

qnJ& £5 istrict Court / County Criminal Court at Law No.

iX

Harris County, Texas FILED Chflb Daniel

District Clerk

NOTICE OF APPEAL NOV 1 7 2015 TO THE HONORABLE JUDGE OF SAID COURT: Time:. Harris County, Texas

On l\ n- is NOTICE OF APPEAL of his conviction (date), the defendant in By

the above numbered and styled caQsoulyves

The undesigned attorney (check appropriate box):

MOVES to withdraw ADVISES the court that he will CONTINUE to represent t) :ndi ipq&l

\\~n- Date

K

Attorney (Signature)

Defendant (Printed name) Attorney (Printed name)

<3_sd_ V~TM

State Bar Number ,

1 C7V _ jr

.

Address

rid

Telephone Number

m

The deljpifdant (check all that apply):

n 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

(Signature) 7 jj Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy' District Clerk of Hams County, Texas

RECORDER'S MEMORANDUM This instrument is of poor quality at the time of imaging

http //hcdco-mtranet2013/Crimmal/Criminal Courts/SOPs and Forms Libran /Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage I of 2 1/09/08

ORDER

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

is NOT indigent at this time 0/ÿsfmdigent for the purpose of (3"£mploying counsel GJÿaying for a clerk's and court reporter's record GTfmiploymg counsel or paying for a clerk's and court reporter's record The Court ORDERS that Counsel's motion to w11h d ra \ÿisG RANTEDT'D E N I ED. Defendant / appellant's motion (to betbundindigent) is DENIED Defendant's / appellant's motion is GRANTED and U C-~ _ (attorney's name & bar card numberl t

Q

s APPOINTED to represent defendant / appellant on appeal 1}/ Lf ' s The COURT REPORTER defendant / appellant

is ORDERED to prepare and file the reporter's record without charge to m BAIL IS SET at $ _ TO CONTINUE as presently set EL-'DENIED and is SET at NO BOND (Felony Only)

DATE SIGNED II Igwg'

JL(DGE RRESIDING.

COURT /

COUNTY CRIMINAL COURT AT LAW NO HARRIS COUNTY, TEXAS

http //hcdco-intranet2013/Criminal/Cnminal Courts/SOPs and Forms Libran'/Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage 2 of 2 1/09/08 m m Cause No. 1481930 ® A

THE STATE OF TEXAS IN THE 228™ DISTRICT COURT

v. DONALD NEALEY COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case P>T is not a plea-bargain case, and the defendant has the right of appeal [or]

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] is a plea-bargain case, but the trial court has given permission to appeal, arrathÿd&amMit JÿS the right of appeal [or] is a plea-bargain case, and the defendant has NO right of appeal [or]

N0V 1 3 2015

the defendant has waived the right of appeal Tlme:_ By.

'AM i U j-i /v rr Deputy Judge d 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 pio se petition for 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 1 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 ill AS Telephone number Mailing Address (<7C H tSfl Fax number (if any)- Telephone number ~i ® UIPT Fax number (if any) -1 (J IMl Ml * '

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)

CAUSE NO.: mm 93o PAUPER’S OATH ON APPEAL

OFFENSE: QAliMb£K fc-

THE STATE OF TEXAS DISTRICT COURT VS OF 1/ Ajoadoÿ HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF S,

NOW COMESA defendant in the above styled and numbered cause, and states under oath that he is without funds, pp6perty or income. The defendant respectfully petitions the court to:y(check all that apply) ‘ Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.

SUBSCRIBEDÿ) |W<gRIf$) before me, this. day of A.D., 20.

gffiSSft

MOV 1 7 2015 DEPUTY DISTRICT CLERK COURT

Time:. "County, Texas Harris

HARRIS COUNTY, TEXAS

By. Deputy

ORDER oS On

ry nmgz The court orders that i C is appointed to represent <K

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

(J<J / ' defendant/appellant on appeal. G WwA _ The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant.

J

It is further ordered that the clerk of this court mail a copy=®f the ordertotnb court reporter: '

m Amg KI m3Lg , by certifiedmarii return receipt/requested.

_ JUDQtEÿRESIDING

DISTRICT COURT

HARRIS COUNTY TEXAS

AFFIRMATION

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01-15-00999-CR

CHRIS DANIEL

4Bk HARRIS COUNTY DISTRICT CLERK

VggnW CORRECTION LETTER - DEFENDANT'S NAME FILED IN

November 20, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

11/25/2015 10:25:00 AM

BOB WICOFF ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk

1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name: DONALD NEALEY

Cause No: 1481930

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

Notice of Appeal Filed Date: 1 1/17/15 Sentence Imposed Date: 11/13/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BOB WICOFF

Sincerely, ~ S .ioc«&s S. NORRIS

Criminal Post Trial Deputy

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

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

1 20 1 Franklin P.O. Box 465 1 Houston, Texas 772 10-465 1

CHRIS DANIEL

9 g HARRIS COUNTY DISTRICT CLERK $ 9 November 18, 2015

BOB WICOFF ATTORNEY OF RECORD 1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name- DONALD NEALY

Cause No 1481930

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

Notice of Appeal Filed Date: 1 1/17/15 Sentence Imposed Date: 11/13/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BOB WICOFF

Sincerely,

S. NORRIS

Criminal Post Trial Deputy

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

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

RECORDER’S MEMORANDUM This instrument is of poor quality at the time of imaging

1201 Franklin PO Box 4651 Houston, Texas 77210-4651

Cause No

THE STATE OF TEXAS

4U3mz>

-V2--ft*

V'

fhMALA |\kS&U§y A/K/A/

qnJ& £5 istrict Court / County Criminal Court at Law No.

iX

Harris County, Texas FILED Chflb Daniel

District Clerk

NOTICE OF APPEAL NOV 1 7 2015 TO THE HONORABLE JUDGE OF SAID COURT: Time:. Harris County, Texas

On l\ n- is NOTICE OF APPEAL of his conviction (date), the defendant in By

the above numbered and styled caQsoulyves

The undesigned attorney (check appropriate box):

MOVES to withdraw ADVISES the court that he will CONTINUE to represent t) :ndi ipq&l

\\~n- Date

K

Attorney (Signature)

Defendant (Printed name) Attorney (Printed name)

<3_sd_ V~TM

State Bar Number ,

1 C7V _ jr

.

Address

rid

Telephone Number

m

The deljpifdant (check all that apply):

n 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

(Signature) 7 jj Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy' District Clerk of Hams County, Texas

RECORDER'S MEMORANDUM This instrument is of poor quality at the time of imaging

http //hcdco-mtranet2013/Crimmal/Criminal Courts/SOPs and Forms Libran /Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage I of 2 1/09/08

ORDER

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

is NOT indigent at this time 0/ÿsfmdigent for the purpose of (3"£mploying counsel GJÿaying for a clerk's and court reporter's record GTfmiploymg counsel or paying for a clerk's and court reporter's record The Court ORDERS that Counsel's motion to w11h d ra \ÿisG RANTEDT'D E N I ED. Defendant / appellant's motion (to betbundindigent) is DENIED Defendant's / appellant's motion is GRANTED and U C-~ _ (attorney's name & bar card numberl t

Q

s APPOINTED to represent defendant / appellant on appeal 1}/ Lf ' s The COURT REPORTER defendant / appellant

is ORDERED to prepare and file the reporter's record without charge to m BAIL IS SET at $ _ TO CONTINUE as presently set EL-'DENIED and is SET at NO BOND (Felony Only)

DATE SIGNED II Igwg'

JL(DGE RRESIDING.

COURT /

COUNTY CRIMINAL COURT AT LAW NO HARRIS COUNTY, TEXAS

http //hcdco-intranet2013/Criminal/Cnminal Courts/SOPs and Forms Libran'/Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage 2 of 2 1/09/08 m m Cause No. 1481930 ® A

THE STATE OF TEXAS IN THE 228™ DISTRICT COURT

v. DONALD NEALEY COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case P>T is not a plea-bargain case, and the defendant has the right of appeal [or]

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] is a plea-bargain case, but the trial court has given permission to appeal, arrathÿd&amMit JÿS the right of appeal [or] is a plea-bargain case, and the defendant has NO right of appeal [or]

N0V 1 3 2015

the defendant has waived the right of appeal Tlme:_ By.

'AM i U j-i /v rr Deputy Judge d 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 pio se petition for 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 1 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 ill AS Telephone number Mailing Address (<7C H tSfl Fax number (if any)- Telephone number ~i ® UIPT Fax number (if any) -1 (J IMl Ml * '

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)

CAUSE NO.: mm 93o PAUPER’S OATH ON APPEAL

OFFENSE: QAliMb£K fc-

THE STATE OF TEXAS DISTRICT COURT VS OF 1/ Ajoadoÿ HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF S,

NOW COMESA defendant in the above styled and numbered cause, and states under oath that he is without funds, pp6perty or income. The defendant respectfully petitions the court to:y(check all that apply) ‘ Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.

SUBSCRIBEDÿ) |W<gRIf$) before me, this. day of A.D., 20.

gffiSSft

MOV 1 7 2015 DEPUTY DISTRICT CLERK COURT

Time:. "County, Texas Harris

HARRIS COUNTY, TEXAS

By. Deputy

ORDER oS On

ry nmgz The court orders that i C is appointed to represent <K

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

(J<J / ' defendant/appellant on appeal. G WwA _ The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant.

J

It is further ordered that the clerk of this court mail a copy=®f the ordertotnb court reporter: '

m Amg KI m3Lg , by certifiedmarii return receipt/requested.

_ JUDQtEÿRESIDING

DISTRICT COURT

HARRIS COUNTY TEXAS

AFFIRMATION

I, IJ\I v kLO \ \ _ , Attorney at Law, swear or affirm that I will be solely responsible for writingÿ brief and representing the appellant on appeal. If I am not able to preform my dutiesÿhs/dp Tate/qatmsel, I jyft) notify the court immediately so that the cpurt may take the aomoDifatejaciflo emedÿecepsary.

I

A1 BAR/SPN NJUMBpC 3ÿ/

ADDRESS 443ÿ/- CITYf 5LllooZ-

STATE ZIP

PHONE -y\ÿ- 3(o

FAX NUMBER

fr- 9aig

btfk U) \ CD EMAIL ADDRESS {'{’CLjdh kOT. A SWORN TO AND SUBSCRIBED BEFORE ME ON l\&& DEPUTY DISTRICT CLERlHSlGNATURE) DISTRICT CLERK

APPEAL CARD

Court Cause No. mTH lD- Idling

The State of Texas

Vs

Id. MWe

Date Notice II- 0-/3

_ _

Of Appeal:

__

Presentation: Vol. Pg.

Judgment: Vol. Pg..

Judge Presiding l .eshe. Court Reporter fci/»ihfe. Court Reporter Court Reporter

Attorney on Trial _Robert Attorney on Appeal KP

Appointed _ Hired

Offense tAuÿJe.ÿ-

P

Jury Trial Yes No

Punishment Assessed

(If Known)

_

Companion Cases MVXC&I

Amount of Appeal Bond ±0 Appellant Confined:

YesÿÿNo r Date Submitted To Appeal Sectionÿ inn* &

7

Deputy Clerk

Donald Nealey v. State, (Tex. Ct. App. 2015).

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