ACCEPTED 05-15-00428-CR FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05-15-00428-CR 4/6/2015 2:28:15 PM LISA MATZ CLERK Appellate Case Style: Style: Hector Omar Romero (AKA: Omar Canaka) Vs. State of Texas
FILED IN Companion Case: 5th COURT OF APPEALS DALLAS, TEXAS 4/6/2015 2:28:15 PM LISA MATZ Amended/corrected statement: Clerk
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: Hector Lead Attorney Middle Name: Omar First Name: Riann Last Name: Romero Middle Name: Christine Suffix: Last Name: Moore Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed Retained District Attorney Public Defender Pro Se: Firm Name: Dallas County Public Defender's Office Address 1: 133 North Riverfront Boulevard, Lock Box 2 Address 2: City: Dallas State: Texas Zip+4: 75207 Telephone: (214) 653-3550 ext. 2,361 Fax: (214) 875-2363 Email: riann.moore@dallascounty.org SBN: 24050279 Add Another Appellant/ Attorney
Page 1 of 5 III. Appellee IV. Appellee Attorney(s) First Name: State of Texas Lead Attorney Middle Name: First Name: Susan Last Name: Middle Name: Suffix: Last Name: Hawk Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed Retained District Attorney Public Defender Pro Se: Firm Name: Dallas County District Attorney's Office Address 1: Address 2: 133 North Riverfront Boulevard, Lock Box 19 City: Dallas State: Texas Zip+4: 75207 Telephone: (214) 653-3625 ext. Fax: (214) 653-3643 Email: DCDAAppeals@dallascounty.org SBN: 00794284 Add Another Appellee/ Attorney
V. Perfection Of Appeal, Judgment And Sentencing
Nature of Case (Subject matter Was the trial by: jury or non-jury? Assaultive or type of case): Date notice of appeal filed in trial court: March 27, 2015 Type of Judgment: Final Judgment If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: March 27, 2015 Offense charged: Assault causing bodily injury/family violence Punishment assessed: 8 Years TDCJ-ID
Date of offense: June 23, 2012 Is the appeal from a pre-trial order? Yes No Defendant's plea: 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? Yes No Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: Yes No If yes, date filed: Motion in Arrest of Judgment: Yes No If yes, date filed: Other: Yes No If yes, date filed: If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)
Motion and affidavit filed: Yes No NA If yes, date filed: March 27, 2015 Date of hearing: NA Date of order: March 27, 2015 NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling: March 27, 2015
Page 2 of 5 VIII. Trial Court And Record
Court: Criminal District Court No. 1 Clerk's Record: County: Dallas Trial Court Clerk: District County Trial Court Docket Number (Cause no): F12-71361-H Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: Apr 6, 2015 If no, date it will be requested: First Name: Robert Were payment arrangements made with clerk? Yes No Middle Name: Last Name: Burns Suffix: Address 1: 133 N. Riverfront Blvd. LB 38 Address 2: City: Dallas State: Texas Zip + 4: 75207 Telephone: 214-653-5902 ext. Fax: Email: robert.burns@dallascounty.org
Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: Apr 6, 2015 Were payment arrangements made with the court reporter/court recorder? Yes No
Court Reporter Court Recorder Official Substitute
First Name: Crystal Middle Name: Last Name: Jones Suffix: Address 1: 133 N. Riverfront Blvd. LB 38 Address 2: City: Dallas State: Texas Zip + 4: 75207 Telephone: 214-653-5903 ext. Fax: Email: cjshorthand@gmail.com
Page 3 of 5 1X. 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: 05-15-00427-CR Court: Fifth District Court of Appeals
Style: Hector Omar Romero (AKA: Omar Canaka)
Vs. State of Texas
1X. 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: 05-15-00429-CR Court: Fifth District Court of Appeals
X. Signature
Signature of counsel (or Pro Se Party) Date: April 6, 2015
State Bar No: 24050279 Printed Name:
Electronic Signature: Riann Christine Moore Name: Riann Christine Moore (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 April 6, 2015 .
Signature of counsel (or pro se party) Electronic Signature: Riann Christine Moore (Optional)
State Bar No.: 24050279 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: (1) 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 of 5 Please enter the following for each person served:
Date Served: April 6, 2015 Manner Served: eServe First Name: Susan Middle Name: Last Name: Hawk Suffix: Law Firm Name: Dallas County District Attorney's Office Address 1: 133 North Riverfront Boulevard, Lock Box 19 Address 2: City: Dallas State Texas Zip+4: 75207 Email: DCDAAppeals@dallascounty.org
Page 5 of 5 Cause No. _______._f~(l=:::c_·_1..__,_13-=---=-=lf2'-'--lJ_W::.___ THE STATE OF TEXAS § IN THE _ _ _ _ _ _ _ _ _ __ vs. § DISTRICT COURT----+--- l±e.cJur Rom-eva § DALLAS COUNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
I, judge of the trial court, certify this criminal case: ~~ P- is not a plea-bargain case, and the defendant has the right of appeal, [or] f~· ~ ~ 0 is a plea-bargain case, but matters were raised by written motion filed and rul d Efi bef~ triaC ,-. r·,· and not withdrawn or waived, and the defendant has the right of appeal, [or] \ '~ •·. :?- '. · 0 is a plea-bargain case, but the trial court has given permission to appeal, and t~ ¥-t~nd~tiJ hast. -o tt> N the right of appeal, [or] S x:- -< 0 is a plea-bargain case, and the defendant has NO right of appeal, [or] 0 the defendant has waived the right of appeal, [or] 0 other (please specify):
Judge Date Signed
J 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.
Free access — add to your briefcase to read the full text and ask questions with AI
ACCEPTED 05-15-00428-CR FIFTH COURT OF APPEALS DALLAS, TEXAS Appellate Docket Number: 05-15-00428-CR 4/6/2015 2:28:15 PM LISA MATZ CLERK Appellate Case Style: Style: Hector Omar Romero (AKA: Omar Canaka) Vs. State of Texas
FILED IN Companion Case: 5th COURT OF APPEALS DALLAS, TEXAS 4/6/2015 2:28:15 PM LISA MATZ Amended/corrected statement: Clerk
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: Hector Lead Attorney Middle Name: Omar First Name: Riann Last Name: Romero Middle Name: Christine Suffix: Last Name: Moore Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed Retained District Attorney Public Defender Pro Se: Firm Name: Dallas County Public Defender's Office Address 1: 133 North Riverfront Boulevard, Lock Box 2 Address 2: City: Dallas State: Texas Zip+4: 75207 Telephone: (214) 653-3550 ext. 2,361 Fax: (214) 875-2363 Email: riann.moore@dallascounty.org SBN: 24050279 Add Another Appellant/ Attorney
Page 1 of 5 III. Appellee IV. Appellee Attorney(s) First Name: State of Texas Lead Attorney Middle Name: First Name: Susan Last Name: Middle Name: Suffix: Last Name: Hawk Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed Retained District Attorney Public Defender Pro Se: Firm Name: Dallas County District Attorney's Office Address 1: Address 2: 133 North Riverfront Boulevard, Lock Box 19 City: Dallas State: Texas Zip+4: 75207 Telephone: (214) 653-3625 ext. Fax: (214) 653-3643 Email: DCDAAppeals@dallascounty.org SBN: 00794284 Add Another Appellee/ Attorney
V. Perfection Of Appeal, Judgment And Sentencing
Nature of Case (Subject matter Was the trial by: jury or non-jury? Assaultive or type of case): Date notice of appeal filed in trial court: March 27, 2015 Type of Judgment: Final Judgment If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: March 27, 2015 Offense charged: Assault causing bodily injury/family violence Punishment assessed: 8 Years TDCJ-ID
Date of offense: June 23, 2012 Is the appeal from a pre-trial order? Yes No Defendant's plea: 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? Yes No Yes No
VI. Actions Extending Time To Perfect Appeal
Motion for New Trial: Yes No If yes, date filed: Motion in Arrest of Judgment: Yes No If yes, date filed: Other: Yes No If yes, date filed: If other, please specify:
VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)
Motion and affidavit filed: Yes No NA If yes, date filed: March 27, 2015 Date of hearing: NA Date of order: March 27, 2015 NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling: March 27, 2015
Page 2 of 5 VIII. Trial Court And Record
Court: Criminal District Court No. 1 Clerk's Record: County: Dallas Trial Court Clerk: District County Trial Court Docket Number (Cause no): F12-71361-H Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: Apr 6, 2015 If no, date it will be requested: First Name: Robert Were payment arrangements made with clerk? Yes No Middle Name: Last Name: Burns Suffix: Address 1: 133 N. Riverfront Blvd. LB 38 Address 2: City: Dallas State: Texas Zip + 4: 75207 Telephone: 214-653-5902 ext. Fax: Email: robert.burns@dallascounty.org
Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: Apr 6, 2015 Were payment arrangements made with the court reporter/court recorder? Yes No
Court Reporter Court Recorder Official Substitute
First Name: Crystal Middle Name: Last Name: Jones Suffix: Address 1: 133 N. Riverfront Blvd. LB 38 Address 2: City: Dallas State: Texas Zip + 4: 75207 Telephone: 214-653-5903 ext. Fax: Email: cjshorthand@gmail.com
Page 3 of 5 1X. 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: 05-15-00427-CR Court: Fifth District Court of Appeals
Style: Hector Omar Romero (AKA: Omar Canaka)
Vs. State of Texas
1X. 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: 05-15-00429-CR Court: Fifth District Court of Appeals
X. Signature
Signature of counsel (or Pro Se Party) Date: April 6, 2015
State Bar No: 24050279 Printed Name:
Electronic Signature: Riann Christine Moore Name: Riann Christine Moore (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 April 6, 2015 .
Signature of counsel (or pro se party) Electronic Signature: Riann Christine Moore (Optional)
State Bar No.: 24050279 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: (1) 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 of 5 Please enter the following for each person served:
Date Served: April 6, 2015 Manner Served: eServe First Name: Susan Middle Name: Last Name: Hawk Suffix: Law Firm Name: Dallas County District Attorney's Office Address 1: 133 North Riverfront Boulevard, Lock Box 19 Address 2: City: Dallas State Texas Zip+4: 75207 Email: DCDAAppeals@dallascounty.org
Page 5 of 5 Cause No. _______._f~(l=:::c_·_1..__,_13-=---=-=lf2'-'--lJ_W::.___ THE STATE OF TEXAS § IN THE _ _ _ _ _ _ _ _ _ __ vs. § DISTRICT COURT----+--- l±e.cJur Rom-eva § DALLAS COUNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
I, judge of the trial court, certify this criminal case: ~~ P- is not a plea-bargain case, and the defendant has the right of appeal, [or] f~· ~ ~ 0 is a plea-bargain case, but matters were raised by written motion filed and rul d Efi bef~ triaC ,-. r·,· and not withdrawn or waived, and the defendant has the right of appeal, [or] \ '~ •·. :?- '. · 0 is a plea-bargain case, but the trial court has given permission to appeal, and t~ ¥-t~nd~tiJ hast. -o tt> N the right of appeal, [or] S x:- -< 0 is a plea-bargain case, and the defendant has NO right of appeal, [or] 0 the defendant has waived the right of appeal, [or] 0 other (please specify):
Judge Date Signed
J 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 living or any change in my current prison unit. I understand that, because pellate deadlines, if I :5 · timely inform my appellate attorney of any change in my address, I may lose the opportuni to le a pbtion fo di retionary review.
~~'&ult (if not represented by counsel) Defendant' ounsel Mailing Address: State Bar o : /D5li 2.~00 Telephone #: Mailing Address: 5')..({ w. I?:Ji.J ui. ~ Fax # (if any): Telephone #: DtlLlCtS 7X 15 W Fax#(ifany): 214-<14/- 570() * 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). fJ?..- ?l [(;1-H ~~DRAWER#40 fl1.. _/t)fol ... H THE STATE OF TEXAS CAUSE No.f J.z..-7!302-- H f___ ~.::r.~...rv _ _ _ _ _ _DISTRICT COURT_ _ _
DALLAS COUNTY, TEXAS
DEFENDANT'S NOTICE OF APPEAL AND PAUPER OATH
TO THE HONORABLE JUDGE OF SAID COURT: APPOINTMENT OF ATTORNEY ON APPEAL \ \ ~0· ~~-.( ~-
\ -r.-: .
~I;.'_;;. "-0 ifl N Comes now Defenant in the above cause and states: I am the defendant in the above cause; I wcfi.convicted ilfthis cause and now give Notice of Appeal to the Texas Court of Appeals for the Fifth Supreme Judicial -5istrict of Texas of Dallas, Texas, and that I am penniless, destitute and indigent person, too poor to employ counsel to represent me on the appeal, and too poor to pay for or give security for the Statement of Facts and a true copy thereof herein. WHEREFORE, I pray that the Court will appoint an attorney to represent me in this appeal and that the Court will order the Court Reporter of this Court to prepare and deliver me or my appointed Counsel the original and a true copy of the Statement of Facts in this case, together with all exhibits attached thereto if practical. ·
Defendant
BEFORE ME, the undersigned authority, personally appeared the above Defendant, known to me to be the person whose signature appears above, and after being duly sworn on oath states that he is the defendant in the above cause, and that the matters and things set forth in the foregoing are true and correct in all thin .
JIM HAMLIN DISTRICT CLERK Dallas County, Texas
The Defendant havmg requested the Court to appoint Cou7sEJ,
it is Ordered the Honorable Pu b It L i Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ a regular licensed and practicmg attorney of Texas, be, and he/she is hereby appointed to represent Defendant in prosecuting his/her appeal herein, and it is further Ordered that the Court Reporter is hereby directed to transcribe all of the notes as same may appertain to this cause and as taken during the trial of this cause which began on
- - - - - - - - - - - - - _____ , and make Statement of Facts in duplic-L~ furnish same to defendant or his appointed Counsel. / anu ( //' /~ ~ Judge OC:::::::::::
FORM 40