Irvin Notias v. State

Opinion

CHRIS DANIEL 01-15-00636-CR

f $ HARRIS COUNTY DISTRICT CLERK

%s@ FILED IN

July 21, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

7/24/2015 11:26:14 AM

JOSEPH WILLIAM VARELA ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk

2500 EAST TC JESTER HOUSTON, TEXAS 77008

Defendant's Name: IRVIN NOTIAS

Cause No: 1409330

Court: 232 ND

Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 07/14/2015 Sentence Imposed Date: 07/14/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JOSEPH WILLIAM VARELA

Sincerely,

Criminal Post Trial Deputy

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

ARLENE WEBB (DELIVERED VIA E-MAIL)

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

1201 Franklin P.O.Box 4651 Houston. Texas 772 10-465 1

nVfy?

Cause No.

I'iCr Ti'V ® ~ iZ/'W

THE STATE OF TEXAS

. AJK/AJ y\~S lA AA=*frÿ

District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On _ Ink* (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undesigned attorney (check appropriate box):

to withdraw.

Date _ ADVISES the court that he will CONTINUE to represent the defendant on appeal.

i IMOÿ

AttorneyÿSignat u re)

A.

Defendant (Printed name) Attorney (Printed H. Trent 1 FILED Chris Daniel

Snrind Cvpiggfl

State Bar NumberTorakalX Texas TI5LI Rpajy StlttaC

District Clerk Voice: 832ÿ98-4594 JUL 1 4 2015 Address -Mobile: -

to..ra-69fln474Q

713-775-075

Tbn«v K*rr11 County, Siii Email: TRF3»TITTL@GMAILCQM ( SBOTNn 00701814 1

By. Telephone Number : J The defepdant (check all that appVyjV ja REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT apperl late counsel to represent him.

a 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.

defendant (Signature) Defendant's Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON JUL 1 4 2015 By Deputy District Clerk of Harris County, Texas

hupÿ/hcdco-inuaneVCriminal/Criminal CounVSOPs and Forms Library/Criminal Forms/Notice of Appeal (3page*-w Affimiaiion).docx Page I of 3

ORDER

JUL 1 4 ZOQ

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

IS NOT indigent at this time. IS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record.

counsel or paying for a clerk’s and court reporter's record.

The Court ORDERS that Counsel’s motion to withdraw is GRANTED / BCNIED. Defendant / appellant’s motion (to be found indigent) is DENIED.

name & bar card number)

' is APPOINTED to represent defendant / appellant on appeal. Wv The COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant.

BAIL IS:

Q SET at $ _ To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED:

JUL 1 4 21115

JUDGE PRESIDE G, / 'ZZ'2- DlSTRICT\ÿ0URT /

COUNTY/CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

hnpÿ/hcdco-intnineuCriminal/Crimirml CourtslSOPs and Forms Librnrv/Crimmal Forms/Notice of Appeal (3 pages-w AfTirmation).docx Page 2 of 3

Cause No. Hoq& , THE STATE OF TEXAS

jfilvitJ nlanfrS V.

, A/K/A/

_ _ Court / County Criminal Court at Law No.

Harris Connty, Texas

OATH OF APPOINTED ATTORNEY ON APPEAL

lA/. , Attorney at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal. If I am not able to perform my duties as appellate counsel, I will notify the Court immediately so that the Court may take the appropriate action as deemed necessary.

Attomey/ÿ-Caw (Signature) BAR Number / SPN ‘

'1ÿ00 Tr~ 7ÿL Address City / State / Zip

Phone FAX 3-9.r7 -Zr<f

SWORN TO AND SUBSCRIBED BEFORE ME ON _ , JUL t 4 2015 By Deputy District Clerk of Harris County, Texas 7ÿ MzL C7"

http://hwJco-imnn<t/CrimiMl/CriniinoI Courts/SOPs and Forms Libraiy/Criminal Forms/Notice of Appeal (3pages-w Affirmation) docx Page 3 of 3

Cause No

THE STATE OF TEXAS IN THE DISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANTS RIGHT OF APPEAL* I, judge optfie trial court, certify this criminal case: / 0ÿ is not a plea-bargain case, and the defendant has the right of appeal, [or] I I 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 haÿrne right of appeal, [or]

0 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] / 0 is a ptea-bÿrgain case, and the defendanj/nas NO right of appeal, [or] 0 thooefendant has waived the right of Appeal.

Judge 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 appeal sVÿudgment 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 Criminal 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, 1 may lose the opportunity to file a pro se petition for discretionary review.

Defendant FILED Defendant's Counsel

Mailing Address: _ Chris Daniel District Clerk

State Bar of Texas ID number:

Telephone numbert1*"®ÿ JuL 1 4 2015

Mailing Address: _ Fax number (if anffi— — Monip County, Taras _

Telephone number: Fax number (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 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).

CLERK

APPEAL CARD

X )£

Court Cause tfo.

//o9330

The State of Texas

Vs

Date Notice Of Appeal: . /po/5 Presentation:

Judgment:

Vol.

VoL

Pg-.

Pg-

_

Judge Presiding, VuJg/, foe./ Court Reporter_ Court Reporter_ Court Reporterÿ

Attorney on Trial To /U LÿCO/S Attorney on Appeal, ZJo<L~ l/kf£,/<*-

ApDOin ted X Hired,

Offense Aij rfobhifj 'ffedtf uJ&paf)

Jury Trial Yes X No _

Punishment Assessed Ypc,

_

7

Companion Cases (If Known) A/A Amount of Appeal Bond, A/o RoAci Appellant Confined: Yes / _ No

Date Submitted To Appeal Section 07/ z/f±lL /_ Wr

Deputy Clerk.

L7