Hines, Alvin Eugene

CourtTexas Supreme Court
DecidedMarch 6, 2015
DocketWR-80,819-02
StatusPublished

This text of Hines, Alvin Eugene (Hines, Alvin Eugene) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hines, Alvin Eugene, (Tex. 2015).

Opinion

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EXHIBIT 1

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The State of Texas In The_District Court

'Vs~ § 3rd Judicial District § 4 _ Alvin Eugehe Hines _ § . Anderson County, Texas

~AFFIDAVIT oF BRENDA DAVIS~

BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared Brenda Davis, who after being duly sworn stated_the following under oath:

q My name is Brenda Davis. l am over the age of eighteen(l$) years, and l am compentent to make this affidavit. The statements contained herein are true and'correct."i _

"I am the sister of Alvin Eugene Hines. After my brother was convicted in this case,_Cause No.31047, I_was contacted by him and at that time he requested that l contact his lawyer concerning the status of his appeal. My brother immediately after the trial' informed me that his attorney intended to appeal this case. However even after several months had passed he had still not heard from

his attorney. l then called his court appointed attorney, WM.

,

M.House, JR- and he told me he would return my call but never did. In that initial conversation l told him that my brother was trying to get ahold of him and that it was about his appeal. I also contacted the attorney that I hired to participate in my brothers defense; Mr.Bonner from Houston, he was only interested in the smallremainderof the money I owed him and refused to do anything about the appeal unless l paid him more money. Mr. House was appointed to represent my brother by the court because of my brothefs indengency,for trial and Sentencing.As

" l am signing this affidavit voluntarily. I have not been coerced or threatened in any way to sign this affidavit, nor

has any promise of any nature been made in exchange for my execu- tion of this affidavit."

p.1`

l am making this affidavit for the sole purpose of helping my brother receive an appeal in this case that he has always insisted he is innocent in. We have expected an appeal and have done all

we could to get one done and believed that his attorney's were

pursuing the appeal, apparently they are not." Further affiant

Brend Davis, Affiant

saith not."

SWORN AND SUBSCRIBED beofre me, the undersigned authority, on

Mé,eaz:;

Notary Public, SG te of Texas

xc/ my file P.2

EXHIBIT 2

Cause No.' 31047

THE sTATE oF TExAs' ' § ‘ v 'lN nlsTR_lcT couRT oF

. . _ . . § _ ‘ 1 ." vs _~ 1 . § . sR° JuchlAL'DisTRlcT _ § _ _ ‘ALviN EuGENE HiNEs § ' ANDERsoN couNTY, TExAs

`TR|AL COURT’S CERT|F|C;AT|ON `OF DEFENDANT’S R|GHT OF APPEAL l, the judge of the trial court, certify this criminal case: n bd ' 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 walved, and the defendant has the right of appeal, or

[ ] is a plea~bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, or ` _ _ f _ . Fll_ED FOR REC_OR_E [ ] is a plea-bargain case, and the defendant has NO right of appeal, or A,{_;;; ‘) j O,C¥Od the defen nt has Waive the ri ht of a eal. . [/]/U §§ /d\ g pp JUN ~6 2013 /jé/Z//' \M '\W§/]“?/i /j -' -JANlCE STAPLES la 1 i/Z/l \/_ /i \V /@/ /VW‘/ @ " in * L? SF~ILL

l have received a copy of this certification l 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 Ru|e 68 of the Texas Rules of Appellate Procedure. l have been admonished that my attorney must mail a copy of the court of appeal’s judgment and opi_nion to my last known address and that l have only 30 days in which to file a pro se petition for . discretionary review in the Texas Court of Crimi`nal Appeals. _Tex. R. App. P. 68.2 I acknowledge that, if l wish to appeal this case and if | am entitled to do so, it is my duty to inform'my appellate attomey, by written communication, of any change in the address at which l am currently living or any change in my current prison unit. l understand that, because of appellate deadlines, if l fail to timely inform my appellate attorney of any change in my address,

l may lose the opportunity to tile a pro se petition for discretionary review. M»' if .; - ZM/% '\ .

Defendant y efense Ccuh'sel/ 1

Mailing address: Bar Card No. Mailing Address:

Telephone Numb__er . t Fax Number: ' ` ` ` ' . _ Telephone Number:. ~ ' Fax number:

___-_____________

Thejury heard the evidence submitted and argument of counsel. The Court charged thejury as to its duty to detei'mine:th_e.;.'l guilt or innocence ofDefendant, and the jury retired to consider the-evidencel Upon returning to open court. thcjury delivered its:_n verdict in the presence of Defendant _and defense counsel. if any. ' ' ~ -

The Court received the verdict and ORDERED'it entered upon the minutes ofthe Court. b `_.

P ni dm Assessed b n / r ection select one ' "' l""""'

l g Jury. Dcfendant entered a plea and filed a written election to have the jury assess punishment. Thejury heard evidence relativeto"' the question ofpunishment. The Court charged thcjury and it retired to consider the question ofpunishment. Aftcr.duc deliberatioi;»..~,__`.. the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ` - h E] Court. Defendant elected to have the Cou'rt assess punishment. After hearing evidence relative to the question of punishment, th"e"-" ' Cou rt assessed Defendant's punishment as indicated above. " _ .. v m No Election. Defendant did not file a written election as to whether thejudge or jury should assess punishment.

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