Jarvis Lamont Carnell v. State

• Court: Court of Appeals of Texas
• Decided: June 5, 2015
• Docket: 01-15-00519-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00519-CR 9 $ HARRIS COUNTY DISTRICT CLERK

8 FILED IN June 3, 2015 1st COURT OF APPEALS HOUSTON, TEXAS MARK ASH 6/5/2015 2:15:34 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 2016 MAIN #108 HOUSTON, TX 77002

Defendant’s Name: JARVIS LAMONT CARNELL

Cause No. 1933252

Court: CRIMINAL COUNTY COURT AT LAW #10

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

Notice of Appeal Filed Date: 5/28/15 Sentence Imposed Date: 5/28/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: MARK ASH

Sincerely,

)' S/NORRIS Criminal Post Trial Deputy

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

BONNIE RODRIGUEZ (DELIVERED VIA E-MAIL)

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

1201 Franklin POBox4651 Houston, Texas 77210-4651 1 Cause No. /?33ÿrZ. ’Wf THE STATE OF TEXAS Ur*oÿ Cam c 11 , A/K/A/

District Court / County Criminal Court at Law No. /o Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

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

The undersigned attorney (check appropriate box): to withdraw ADVISES the court that he will CONTINUE to represent the defendant on appeal

Date Attorney (Signature)

4s- k Defendant (Printed name) Attorney (Printed name) ooixn>i

Time:. Chris Daniel District Clerk MAY 2 8 2015 Harris Couniy. I»»as State Bar Number

Address -Hjb tog kjJ 7 >0*2 — Telephone Number The defendant (cheÿall that apply|pi7 REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him pjf 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

Defendjyu(Signature) Defendant’&JVv ie

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas o M http //hcdco-intranet/Crinnnal/Criminal Courts/SOPs and Forms Library/Crtminal Forms/Notioe of Appi pagfcs-Without Affirmation) docPage I of 2 1/09/08 * ORDER

On lYtty )(pf tÿe 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 mploying counsel or paying for a clerk's and court reporter’s record The Court ORDERSnhat .. JQ Counsel's motion to withdrawÿTGRANTEDÿDENIED. / Defendant / appellant's motion (to befound indigent) is DENIED efendant's / appellant's motion is GRANTED and (attorney's name & bar card number) is APPOINTED to represent cjefendant / appellant on appeal The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant BAIL is ET at $ 57 V OOP d_ TO CONTINUE as presently set T DENIED and is SET at No BOND (Felony Only)

DATE SIGNED

JUDGl rsn IG, _ DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO HARRIS COUNTY, TEXAS

http //hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Crimmal Forms/Notice of Appeal (2 pages-without Affirmation) docPage 2 of 2 1/09/08 CAUSE NO i ?333 f2- THE STATE OF TEXAS § IN THE COUNTY CRIMINAL

vs § COURT AT LAW NUMBER JO § HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, Judge of the trial court, certify this criminal case yÿis not a plea-bargain case, and the defendant has the right of appeal [or] isa plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived, and the defendanUhasÿeTight pLappeal [or] is a plea-bargain case, but the tri to'appeal, and the defendant has the right of appeal [or] v is a plea-bargain case, the defendant h 'fg Z\ igh£3of-appeal A (Nj 7H.-1 V fmt™c

— Judge Presiding / vDate Signed I have received a copÿcjÿi'is'iÿtfiicationTÿhÿÿlsoEeÿjnformed'of myTights concemingiSy appeal of this cnminal case, including any ngfeb file a pro se petitwiKforJisÿ4ibnary review pursuant jo Rule3S8 of the Texas Rules of Appellate Procedure I tere beeniadmomshed thathhÿttÿrneylhusÿmail a copy of fie courfcm appeals' judgment and opinion to my last knovmaddress and that I have only 30 di.ys in wh\ch to file a pro se petitiomÿor discretionary review m the court of appeals TfcxÿR App-ÿP 68 2 I acknoÿledgethat, ifl wash to appeal tins caseÿnd if I am entitled to do so, it is my duty to inform irÿappellate, attorney, byÿwnjten communication, of any xhange/ifÿtne address at which I am currently living or any ch’hpgb in my'-current pnspfrumt I understahd\that, because of Apellate deadlines, if I fail to timely inform my appe11ateÿattomÿBf apy change in my address, I mayJose the opportunity to file a pro se petition for

Defender Mailing address State Bar of Texas ID Number

Telephone number Mailing address

ft 7.0fi \UQ 3 Fax number (if any) Telephone number re*a» Tint0'- Hatd® Coun'V' Depÿ Fax number (if any) By.

*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 ajudgment 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 CB) after getting the trial court's permission to appeal TEXAS RULE OF APPELLATE PROCEDURE 25 2(a)(2)

CCL Form 22 12-04-2012 34- APPEAL CARD

*>37-15 Cause. No. /f2&S_g-, sj The State ofTexas

Date Notice Of Appeal: 5'2ÿ/r Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Presiding If Court Reporter TrtiJ*/ it= 1 V)Oririj Lt£l- Court Reporter Court Reporter

Attorney on Trail ELM Attorne\ on Appeal iWftftX- Appointed Hired

Offense

Jur\ Trail: Yes XkVX No. Punishment Assessed

_ Companion Cases (If Known)

Amount of Appeal Bond

Appellant Confined: Yes)66/)C No

Date Submitted JUW To Appeal Section

w Deputj Clerj

Ik