Harvey Smith v. State

• Court: Court of Appeals of Texas
• Decided: April 7, 2015
• Docket: 01-15-00312-CR
• Status: Published

Opinion

01-15-00312-CR CHRIS DANIEL 9 £ HARRIS COUNTS DISTRICT CLERK

9&OF"t$ FILED IN March 27, 2015 1st COURT OF APPEALS HOUSTON, TEXAS 4/7/2015 12:59:19 PM K. E. MCCOY CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk PO BOX 53347 HOUSTON, TEXAS 77052

Defendant’s Name: HARVEY SMITH

Cause No: 1421605

Court: 176m DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 03/23/2015 Sentence Imposed Date: 03/23/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: K. E. MCCOY

Sincerely,

7sl N. Salinas Criminal Post Trial Deputy

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

JUDY FOX (DELIVERED VIA E-MAIL)

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

1201 Franklin PO. Box 4651 Houston, Texas 77210-4651 * 4 Cause No.

THE STATE OF TEXAS

y V. «T~KTA/K/A/

17(STUS- District Court / County Criminal Court at Law No.

Harris County', Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On •MlL5L NOTICE o F APPEAIL of his conviction. (date), the defendant in the above numberjtyjÿicÿsylÿjjause gives The undersigned attorney (check appropriate box): By. Deputy ' « pC. MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal

Date Attorney (Signature) *

/ÿAffg-tyfey $ f?fr/yy ( ocA£- lÿrAyyÿS \)4 Defendant (Printed name) Attorney (Printed name) 1 0Q7S7Q 0>S State Bar Number

Address f-Uo '7'7ÿ30—C&l 3 Telephone Number,ÿ The defendant (check all that apply): pC. REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. the Court to ORDER that a free record be provided to him. the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief. r tfThZvfrj 5 Mefendanr(Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON 2 3 7015 By Deputy District Clerk of Harris County, Texas-;

C \Users\mmdy ochsner\Desktop\Notice of Appeal (2 pages-wout Affirmation) doc Page I of? 1/09/08 ORDER

On' -- <; ' %'c the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. GFÿindigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. U3employing counsel or paying for a clerk’s and court reporter’s record The CountORDERS that Counsel's motion to withdraw it EN1ED.

Defendant / appellant’s motion (to be found indigent) is DENIED.

cPÿDefÿdap Pi / 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: SET at $ _ Tp,SdNTlNUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: ,M Aft 9 A 3 TUDGE PRESIDING,ÿ/" _ DISTRICT£0URT / COUNTY CRIMINAL COURT AT LAW NO HARRIS COUNTY, TEXAS

C \Users\mmdy ochsner\Desktop\Notice of Appeal (2 pages-wout Affirmation) doc Page 2 of 2 1/09/08 Cause No. / THE STATE OF TEXAS IN THE/ÿÿÿPISTRICT COURT

V. COUNTY CRIMINAL COURT AT LAW NO.

M SÿviTÿr-, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: |ÿ[ is not a plea-bargain case, and the defendant has the right of appeal, [or] I I I I is a plea-bargain case, but matters were raised by written motion filed 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, and lec#rund thÿpÿÿÿllias ! the right of appeal, [or] ’

I I is a plea-bargain case, and the defendant has NO right of appeal, [or] Time:. "Harris"County. >o*°a By. Deputy CD the defendant has waived the right of appeal.

/LA 3 Judge 7 Date Signed

I have received a copy of this certification. 1 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 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. r

Defendanr Defendant's Counsel

Mailing Address: /V

Fax number (if any): nr- 1 Telephonei . Houston, Texas 77230-0833 nunyjÿÿ 660.76,,6 Fox. (713) 66Q.0203 lhayne5i,®prodl9>, nel Fax number (if anvf-Mail: * "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, 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) . APPEAL CARD

6 The State of Texas

WirvlA/ÿ Date Notice Of Appeal: V/5V/s Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Judge Presiding _ Court Reporter WcWvÿCtÿ Court Reporter Court Reporter n/y/TU5'

Attorne on Trial rTkf More . Uayc<; Attorney on Appeal

Appointed Hired

Offens flobb -IQPart 1iaÿ\ ytO Jury Trial: Yes No _ _ Punishment Assessed as lysTpc (IfKnown)_ Companion Cases

Amount of Appeal Bond b.nQ Appellant Confined: Yes No

Date Submitted To Appeal Section _ Deputy CkfjA A U (lX 2 °\°Y*