Fernando Munoz v. State

• Court: Court of Appeals of Texas
• Decided: February 14, 2015
• Docket: 05-15-00158-CR
• Status: Published

Opinion

ACCEPTED 05-15-00158-CR FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05- I 5-00 I 58-CR 2/14/2015 5:45:54 AM LISA MATZ CLERK Appellate Case Style: Style: femando Munoz I Vs. State of Texas

FILED IN I 5th COURT OF APPEALS Companion Case: I DALLAS, TEXAS 2/14/2015 5:45:54 AM LISA MATZ Clerk Amended/corrected statement: D DOCKETING STATEMENT (Criminal) Appellate Court: 5th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32)

I. Appellant II. Appellant Attorney(s) First Name: Fernando I [gl Lead Attorney Middle Name: I First Name: MICHAEL I

Last Name: unoz I Middle Name: I

Suffix: Last Name: MOWLA j Appellant Incarcerated? [gl Yes D No Suffix: Amount of Bond: [gl Appointed D Retained D District Attorney D Public Defender Pro Se: O Firn1 Name: ICHAEL MOWLA. PLLC I

Address I: 445 E. FM 1382 #3-718 I

Address 2: I

City: CEDAR HILL I

State: exas Zip+4: 5104 I

Telephone: 72-795-2401 ext. I l Fax: 72-692-6636 Email: michael@mowlalaw.com I

SBN: Q4048680 I IAdd Another Appellan1 Attorney

Page l of5 III. Appellee IV. Appellee Attoroey(s) First Name: TATE OF TEXAS I ~ Lead Attorney

Middle Name: I First Name: isa I

Last Name: I l Middle Name: l I Suffix: Last Name: Smith I

Ap[pellee Incarcerated? ~Yes D No Suffix: Amount of Bond: D Appointed D Retained [g] District Attorney D Public Defender Pro Se: 0 Finn Name: allas County District Attorney I

Address I: 133 N. Riverfront Blvd, LB 19 I

City: DALLAS _J State: exas Zip+4: 75207-43 Telephone: (214) 653-3625 ext. I I

Fax: (214) 653-3643 Email: isa.smith@dallascounly.org SBN: 00787 131 I Add Another Appellee/ I Attorney

V. Perfection Of Appeal, Judgment And Sentencing

Nature of Case (Subject matter Was the trial by: [g] jury or D non-jury? Sex Offenses or type of case): Date notice of appeal filed in trial court: December 2 2014 Type of Judgment: ury Trial If mailed to the trial court clerk, also give the date mailed : See Attached Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: NovemberlQ,..lQ 14 Offense charged: ggravated Sexual Assault - 22.021 ~ Punishment assessed: 90 Years - TDCJ I

Date of offense: October 17, 2010 See Attached Is the appeal from a pre-trial order? 0Yes [g] No I Defendant's plea: ot Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If guilty, does defendant have the trial court's certificate to appeal? 0Yes ~No ~Yes 0No See Attached VI. Actions Extending Time To Perfect Appeal

Motion for New Trial: [g]Yes 0No If yes, date filed: Decembe~ 2014 See Attached Motion in Arrest of Judgment: D Yes [g] No If yes, date filed: 1 Other: 0Yes 0No If yes, date filed: I If olber, please specify: I

VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)

Motion and affidavit filed: ~Yes 0No ONA If yes, date filed: ovember 24 20 14 Date of hearing: J ONA See Attached Date of order: I ONA Ruling on motion: IZ] Granted D Denied ONA If granted or denied, date of ruling: I

Page 2 of5 VIII. Trial Court And Record

Court: l 94th Judicial District Court Clerk's Record: County: DALLAS Trial Court Clerk: IZI District D County Trial Court Docket Number (Cause no): Fl4-00579 Was clerk's record requested? ~Yes D No Trial Court Judge (who tried or disposed of the case): If yes, date requested: ec 2, 2014 If no, date it will be requested: First Name: Ernest Were payment arrangements made with clerk? [g] Yes D No Middle Name: See Attached Last Name: White Suffix: H. Address 1: 133 N. Riverside Blvd Address 2: City: ALLAS State: exas Zip+4: 75207 Telephone: (214) 653-5802 ext. Fax: (2 14) 875-2487 Email: awrence.stokes@~lascounty.org

Repo11er's or Recorder's Record: Is there a reporter's record? ~ Yes D No Was reporter's record requested? ~Yes 0No Was the reporter's record electronically recorded? D Yes ~ No If yes, date requested: Dec 2, 2014 See Attached Were payment arrangements made with the court reporter/court recorder? ~Yes ONo

~ Court Reporter D Court Recorder ~ Official D Substitute

First Name: elinda Middle Name: Last Name: Baraka Suffix: Address 1: 133 N. Riverside Blvd Address 2: City: ALLAS State: exas Zip + 4: 75207 Telephone: 214-653-5803 ext. Fax: (2 14) 875-2487 Email: BELINDA.BARAKA@dallascounty.org

Page 3 of5 lX. Related Matters

List any pending or [past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Court:

Style:

Vs.

X. Signature

Signature of counsel (or Pro Se Party) Date: february 14, 2015

State Bar No: !24048680 Printed Name:

Eleclronic Signature: Isl MICHAEL MOWLA Name: CHAEL MOWLA (Optional)

XI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on February 14, 2015

Signature of counsel (or pro se party) Electronic Signature: MICHAEL MOWLA (Optional)

State Bar No.: 4048680 Person Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: ( I ) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Page 4 of5 Please enter the following for each person served:

First Name: Lisa Middle Name: Last Name: m ith Suffix: Law Finn Name: Dallas County District Attorney Address 1: 133 N. Riverfront Blvd, LB 19 Address 2: City: ALLAS State Zip+4: 5207 Email: Jisa.smith@~lascounty.org

Page 5 of5 VOL 746 PAGE 711

CASE No. F-1400579-M INCIDENT NO./TRN: 9176241092

THE STATE OF TEXAS § IN THE 194th JUDICIAL DISTRICT § v. § COURT § FERNANDO MUNOZ § DALLAS COUNTY, TEXAS § STATE ID No.: TX08731216 §

JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: HON. Ernest White Entered: 1112012014 Attorney for Attorney for State: Amy Derrick Defendant: Brooke Busby Offense for which Defendant Convicted: AGGRAVATED SEXUAL CONTACT FEAR/THREAT Charging Instrument: Statute for Offense: INDICTMENT 22.021 Penal Code Date of Offense: 1011712010 Degree of Offense: Plea to Offense: lST DEGREE FELONY NOT GUILTY Verdict of Jury: Findings on Deadly Weapon: GUILTY NIA Plea to 1st Enhancement Plea to 2nd Enhancement/Habitual Paragraph: NIA Paragraph: NIA Findings on 1st Enhancement Findings on 2nd Paragraph: NIA Enhancement/Habitual Paragraph: NIA Punishment Assessed by: Date Sentence Imposed: Date Sentence to Commence: JURY 11/2012014 1112012014 Punishment and Place of Confinement: 90 YEARS INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL RUN CONCURRENTLY. D SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR NIA Court Costs: Restitution: Restitution Payable to:

$NIA $ 519.00 $NIA D AGENCY/AGENT (see below) D VICTIM D Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part hereof. Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62. The age of the victim at the time of the offense was NIA . If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order. From 3/2/2013 to 1112012014 From to From to Time From to From to From to Credited: If Defendant is to serve sentence in county jail or is given credit toward fine and costs. enter days credited below. NIA DAYS NOTES: NIA All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Dallas County, Texas. The State appeared by her District Attorney. Counsel I Waiver of Counsel (select one) r8J Defendant appeared in person with Counsel. 0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

MUNOZ, FERNANDO Fl400579M Page I of 4 It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging instrument. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the jury, and Defendant entered a plea to the charged offense. The Court received the plea and entered it ofrecord. The jury heard the evidence submitted and argument of counsel. The Court charged the jury as to its duty to determine the guilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its verdict in the presence of Defendant and defense counsel, if any. The Court received the verdict and ORDERED it entered upon the minutes of the Court. Punishment Assessed by Jury I Court I No election (select one) l:8J Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation, the jury was brought into Court, and, in open court, it returned its verdict as indicated above. D Court. Defendant elected to have the Court assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. D No Election. Defendant did not file a written election as to whether the judge or jury should assess punishment. After hearing evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above. The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable provisions of TEX. CODE CRIM. PROC. art. 42.12 § 9. The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above. Punishment Options (select one) l:8J Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D County Jail-Confinement I Confinement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Dallas County, Texas on the date the sentence is to commence. Defendant shall be confined in the Dallas County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. D Fine Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Dallas County District Clerk Felony Collections Department. Once there, the Court ORDERS Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause. Execution I Suspension of Sentence (select one) l:8J The Court ORDERS Defendant's sentence EXECUTED. D The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference. The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated. Furthermore the followin s ecial findin s or orders a

Signed and entered on November 24, 2014 x

Clerk: DALVAREZ

*Thumbprint Certification attached.

Right Thumbprint* MUNOZ, FERNANDO F1400579M Page 2 of 4 JUDGMENT CERTIFICATE OF THUMBPRINT

THE STATE OF TEXAS CAUSE NO. F l'A ;' 0001~ . r~~ vs. DISTRICT COURT

DALLAS COUNTY, TEXAS

RIGHT THUMB DEFENDANT's•••~f{ . , HAND THIS IS TO C.ERTIFY THAT THE FINGERPRINTS ABOVE ARE THE ABOVE- NAMED DEFENDANT'S FINGERPRINTS TAKEN AT THE TIME OF DISPOSITION OF THE ABOVE STYLED AND NUMBERED CAUSE.

DONE IN COURT THIS .lf_ DAY OF A/t v c. /)/ .r?(o<(_ , 2o_LL.

e~F10~:.;; , _, .v ~//

*INDICATE HERE IF PRINT OTHER THAN DEFENDANT'S RIGHT THUMBPRINT IS PLACED IN BOX:

LEFT THUMBPRINT LEFT/RIGHT INDEX FINGER

SIGNED AND ENTERED ON THIS

PRESIDING JUDGE Cause No. P- l<-l- OOS'/[M THESTATEOFTEXAS § INTHE~~/~j_G~/_._l_\t~~~- VS. ...-- § DISTRICT COURT _ _ _ _ __ t- [ '(L/\J'A Nf/0 ,MVrJ\J'Z.-§ DALLAS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGH~\~.,l~ ' \ \\

\..../I, judge of the trial court, certify this criminal case: r .; ,:; ~~ "/· ·.*) Lf\ is not a plea-bargain case, and the defendant has the right of appeal, [or] ., ·.~('1)~< .~~ D is a plea-bargain case, but matters were raised by written motion filed and ruled o~}iefore triaf, and not withdrawn or waived, and the defendant has the right of appeal, [or] ~.J.. D is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] D is a plea-bargain case, and the defendant has NO right of appeal, [or] D the defendant has waived the right of appeal, [or] D

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' judgment and opinion to my last known address and that I have only 30 days in which to file a prose petition for discretionary review in the Court of Criminal Appeals. Tex. R. App. P. 68.2. I acknowledge that, ifl wish to appeal this case and ifl 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

appellate attorney of any change in my address, I may lose the opportu ity to fio living or any change in my current prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my r r discretionary review.

Defendant (if not represented by counsel) Defendan s CouAsel C'l l_ ·'.:k U Mailing Address: State Bar No.: .J- Y 0 ....., {) \Y V Mailing Address: I Telephone #: 0. ./\ l <') c\ - ~ 2._ Lt t) l Fax# (if any): Telephone#: \ f - ) Fax # (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 written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2). 11/24/20141:03:38 PM

Loc. _ _ _ _ _ _ __ westTower3P3rdF1oorcontro1centero3Pos Bookin Number: 13014274 Audit Number: 201461256

APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANT

The State of Texas 194th Judicial District Court (FM) Vs. District Court MUNOZ FERNANDO Dallas County, Texas

Cause No.: Offense LD f1400577m BURG HAB SEX ASS F1

It appearing that the defendant has executed a sworn statement certifying that he/she is without means to employ counsel and requesting appointment of counsel; the Court finds that the defendant is indigent and hereby appoints: The Attorney: MICHAEL MOWLA Phone: 972-795-2401 Alt. Phone: 972/795-2401 Email: MICHAEL@MOWLALAW.COM Address: 445 E. FM 1382 #3-718, CEDAR HILL, TX 75104

A practicing attorney of the State to represent the defendant in said case(s).

Signed this 24th day of November, 2014

JUDGE Ernest White lndigentAppointmentPD I ... ..

NO. F14-0057'1

STATE OF TEXAS § IN THE 194th JUDICIAL § vs. § DISTRICT COURT § FERNANDO MUNOZ § DALLAS COUNTY, TEXAS

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant Fernando Munoz gives this written notice of appeal to the Court of Appeals of

the State of Texas from the judgment of conviction and sentence rendered in this case against

Defendant in this case.

Respectfully submitted,

Michael Mowla 445 E. FM 1382 #3-718 Cedar Hill, TX 7 5104 Tel: (972) 795-2401 Fax: (972) 692-6636 Email: michael@mowlalaw.com

Isl Michael Mowla By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Michael Mowla State Bar No. 24048680 Attorney for Defendant

Page I of2 ..

Certificate of Service

This is to certify that on November 28, 2014 a true and correct copy of this document was served on Michael Casillas and Lisa Smith of the Dallas County District Attorney, Appellate Division, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207-4399, phone (214) 653-3600, fax (214) 653-3643, by email to michael.casillas@dallascounty.org and to LBSmith@dallascounty.org.

Isl Michael Mowla

Michael Mowla

Page 2 of2 NO. F14-0057'f

STATE OF TEXAS § IN THE 194th JUDI § vs. § DISTRICT COURT § FERNANDO MUNOZ § DALLAS COUNTY, TEXAS

MOTION FOR NEW TRIAL

Under Texas Rules of Appellate Procedure 21 and 22, Defendant Fernando Munoz files

this Motion for New Trial:

1. Defendant was sentenced on November 24, 2014. This Motion for New Trial, filed

within the thirty-day timetable following sentencing is therefore timely. A hearing must be

commenced before the 75th day after sentencing, or this motion is overruled by operation oflaw.

2. The verdict in this cause is contrary to the law and the evidence. See Tex. Rule

App. Proc. 21.3.

3. The trial court has the discretion to grant a new trial in the interests of justice, as

courts have emphasized in Mullins v. State, 37 Tex. 337, 339-340 (1873) and State v. Gonzalez,

855 S.W.2d 692 (Tex. Crim. App. 1993).

4. For the foregoing reasons, and for such other reasons that may arise on the hearing of

this Motion, Defendant requests a new trial.

Defendant prays that the Court set aside the judgment of conviction entered in this cause

and order a new trial on the merits.

Page 1of3 Michael Mowla 445 E. FM 1382 #3-718 Cedar Hill, TX 75104 Tel: (972) 795-2401 Fax: (972) 692-6636 Email: michael@mowlalaw.com

~A IS/ Michael Mowla By:~~~~~~~~~~~~~~~~~ Michael Mowla State Bar No. 24048680 Attorney for Defendant

Certificate of Presentment

I certify that a true and correct copy of this document will be hand-delivered to the court

through the Clerk on the same day this document is received by the clerk.

/ll9~ Isl Michael Mowla

This certifies that on November 28, 2014, a true and correct copy of this document was served on Michael Casillas of the Dallas County District Attorney, Appellate Division, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207-4399, phone (214) 653-3600, fax (214) 653-3643, by email to michael.casillas(ll)dallascounty.org and to LBSmith@dallascounty.org.

~~ Isl Michael Mowla

Page 2of3 .•

Order for a Setting on this Motion

- - - -, the Defendant filed a Motion for

New Trial. The Court finds that the party is entitled to a hearing on this matter, and it is

THEREFORE ORDERED that a hearing on this motion is set f o r - - - - - - - - - -

Signed on

JUDGE PRESIDING

Page 3of3 . ' NO. F14-00579 l0/4 oc STATE OF TEXAS § IN THE 194th JUDICIAL C 19 A!f 8: OI § .._.1, vs. § DISTRICT COURT Dt.o" - ·:.,. ~ · ~ --r~, -.'1~ , § - - ---- . ·t...{',,s FERNANDO MUNOZ § DALLAS COUNTY, TEXAS ··-,,11 '(

REQUEST FOR PREPARATION OF REPORTER'S RECORD AND DESIGNATION OF MATTERS TO BE INCLUDED

TO THE CLERK AND COURT REPORTER OF SAID COURT:

Defendant Fernando Munoz requests the court reporter or reporters who made the record

in this cause to prepare a reporter's record, and that the testimony included in the reporter's

record be in question and answer form. The dates of the hearings and trials in this case include

all pretrial hearings, voir dire, the final trial on the merits, and the purushment hearing.

Defendant designates that the following matters be included in the reporter's record:

1. Testimony of all witnesses, heard in and outside the jury's presence, including

questions an.d objections of counsel and the ruling and remarks of the Court made on such

testimony;

2. Voir dire of jury venire, including objections of counsel and the ruling and

remarks of the Court made on such voir dire and objections;

3. Arguments and opening and closing statements of counsel, including objections of

counsel and the ruling and remarks of the Court made on such arguments and objections;

4. All matters heard outside the presence of the jury, including pretrial, trial and

posttrial hearings, charge conferences and bench conferences, objections, rulings, and remarks of

Page 1 of3 ·. the Court made on such matters;

5. All bills of exception and testimony thereon, including objections of counsel, and

the ruling and remarks of the Court made on such bills of exception and objections;

6. Testimony taken during sentencing proceedings, including arguments and

objections of counsel, and the ruling and remarks of the Court made on such testimony and

arguments;

7. Testimony taken during motion for new trial proceedings, including arguments

and objections of counsel, and the ruling and remarks of the Court made on such testimony and

arguments; and

8. All exhibits offered or introduced into evidence.

9. All exhibits offered or introduced for record purposes only.

Defendant prays that this Court grant this request, and order preparation of the reporter's

record in this case.

Michael Mowla 445 E. F.M. 1382 #3-718 Cedar Hill, TX 75104 Tel: (972) 795-2401 Fax: (972) 692-6636 Email: michael@mowlalaw.com

f.1o~ · Is/ Michael Mowla By:_ _ _ _ _ _ _ _ _ _ _ _ _ __ Michael Mowla State Bar No. 24048680 Attorney for Defendant Page 2 of3 ·- Certificate of Service

This certifies that on December 18, 2014, a true and correct copy of this document was served on Michael Casillas and Lisa Smith of the Dallas County District Attorney, Appellate Division, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207-4399, phone (214) 653-3600, fax (214) 653-3643, by email to michael.casillas@dallascountv.org and to LBSmith@dallascounty.org.

0_o)v, Is/ Michael Mowla

Page 3 of3 .r.:::- t ' NO. F14-00579 I ...

llll~ ... ~ /) STATE OF TEXAS § IN THE !94th JUDiciifc I 9 .., § - 4I'! 8· vs. § I~·'.. DISTRICT COURT :'-t • ( I . 0I ............._ I ..., .. , ... -../'; .

§ -........, ~ ··-l?;r v

FERNANDO MUNOZ § DALLAS COUNTY; TEXAS. '~(').--4s ~')/'} r;-

WRITTEN DESIGNATION SPECIFYING MATTERS FOR INCLUSION IN CLERK'S RECORD

TO THE CLERK OF SAID COURT:

Under Texas Rules of Appellate Procedure 34.5(a)(12) and 34.5(b), Defendant Fernando

Munoz designates the following matters to be included in the Clerk' s Record:

1. Complaint;

2. Capias;

3. Affidavit of indigency;

4. Correspondence and communication between Court and counsel;

5. Indictment or Information;

6. All motions and pleadings filed by the state or the defendant and not otherwise

required to be included under Texas Rules of Appellate Procedure 34.5(a);

7. All orders issued by Court and not otherwise required to be included under Texas

Rules of Appellate Procedure 34.5(a);

8. Jury panel lists;

9. Jury strike lists of the state, the defendant and the Court;

10. Juror information forms;

Page 1 of3 11. All verdict fonns submitted to the jury;

12. Judgment of Conviction, Order Granting Probation, or Order Granting Deferred

Adjudication;

13. Sentence;

14. Commitment;

15. Motion for New Trial;

16. Motion in Arrest of Judgment;

17. Communications between Court and jury;

18. Any orders pertaining to Continuing Jurisdiction Community Supervision (shock

probation);

19. Objections to Court's Charge and Special Requested Jury Instructions, and rulings

by the Court;

20. Rulings of the Court on all written bills of exception;

21. All exhibits admitted into evidence;

22. All defense exhibits offered into evidence but not received in evidence;

23. All other documents filed with the clerk;

24. Trial court's certification of the right to an appeal;

25. Designation of the clerk's record;

26. Request for preparation of the reporter's record;

27. All documents from postjudgment or postconviction proceedings; and

28. Those items identified in Texas Rules of Appellate Procedure Rules 34.5(a)(l)

Page 2 of3 through (11), all other matters required by the Texas Code of Criminal Procedure, or any other

law.

Michael Mowla 445 E. FM 1382 #3-718 ·cedar Hill, TX 75104 Tel: (972) 795-2401 Fax: (972) 692-6636 Email: m.ichael@mowlalaw.com

Wi.*.wla By: _ _ _ _ _ _ _ _ _ _ _ _ _ __ Michael Mowla State Bar No. 24048680 Attorney for Defendant

This certifies that on December 18, 2014, a true and correct copy of this document was served on Michael Casillas and Lisa Smith ofthe Dallas County District Attorney, Appellate Division, 133 N. Riverfront Blvd., LB 19, Dallas, Texas 75207-4399, phone (214) 653-3600, fax (214) 653-3643, by email to michael.casillas@dallascOtmty.org and to LBSmith@dallascounty.org.

Av4-- /s/ Michael Mowla

Page 3 of3