Javier Abad Ramirez v. State

Opinion

CHRIS DANIEL 01-15-00340-CR HARRIS Coux™ DISTRICT CLERK

& CROFTS;

FILED IN

April 6,2015 1st COURT OF APPEALS HOUSTON, TEXAS

J. SIDNEY CROWLEY 4/14/2015 4:00:36 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 214 MORTON ST. Clerk RICHMOND, TEXAS 77469

Defendant’s Name: JAVIER ABAD RAMIREZ

Cause No: 1264200

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

Notice of Appeal Filed Date: 03/27/2015 Sentence Imposed Date: 03/27/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: J. SIDNEY CROWLEY

Sincefely,

/S/ N. Salinas Criminal Post Trial Deputy

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

JULIA JOHNSON (DELIVERED VIA E-MAIL)

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

1201 Franklin PO Box 465 1 Houston, Texas 77210-4651

<r Cause No. r?Jyÿ7/y(?

i THE STATE OF TEXAS

JT7 i/fÿ /ÿ/ÿ/) /gÿ//W ZÿA/K/A/ _

\ÿ)ipTtf District Court / County Criminal Cou ri a i Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On SPfWrU-7.7 _ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box):

__

UPMOVES to withdraw. Q ADVISES the court that he will CONTINUE to represent the defendaÿifo)i appeal.

z )<r Date Attoyfe/(§ignature)ÿ

Defendant (IViniedtharM W rfi\V£2ÿ (j ! <>, Attorney

DPAjQrz&ÿhu(

(Printedÿame)

ggssÿ State Bar Number *\l$h (YlartAty T? ich <moo&7ÿy/'~nci 7ÿ

- 00?ÿ"

"10*8® Address 1 I'*- Telephone Number

4- (ÿ'<27*7?ÿ _ The defendant (check all that apply):

U/ilEPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him.

QÿASKS 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.

hv&kD 07,0 (/A r g- JA-ÿ/7. {Xa Ap Defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON AVY zO\Z By Deputy District Clerk of Harris County, Texas U RECORDER’S MEMORANDUM This Instrument is of poor quality at the time of imaging

http //hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation) doc.x Page I of 3 06/0 1 /06

ORDER

t On Li L7 toif the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time.

3//Is"indigent for the purpose of employing counsel oi pay ing for a clerk’s and court reporter’s record. "0 employing counsel or paying for a clerk’s and court reporter’s record.

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

/ 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 de fendant / appellant.

BAIL is:

SET at $ _ To CONTINUE as presently set.

O'ÿDENIED and is SET at No BOND. (Felony Only)

f

DATE SIGNED: 17

1

%0/f

IUDGE PRESIDING, 77/A DISTRICT COURT / COUNTY CRIMINAL COUKI AI LAW Nor- HARRIS COUNTY, TEXAS

http //hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation) docx Page 2 of 3 06/01/06 i Cause No. Jyfa lÿyGO © --

THE STATE OF TEXAS IN THE /~7<ÿ7/DISTRICT COURT

—

V. rmiNTVjCft** „

K/7 Z , Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge ofthe trial court, certify this criminal case:

Ci is not a plea-bargain case, and the defendant has the right of appeal, [or] 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 has the right of appeal, [or]

I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or]

I I is a plea-bargain case, and the defendant has NO right of appeal, [or] I I the defendant has waived the right of appeal.

Judge O'

Date Signed

idZzU.

I have r£ Jived 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'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 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, I may lose the opportunity to file a pro se petition for discretionary review.

FILED CX /TJAS )J2SI

Defendant Chris Daniel District Clerk

Defendant's Counsel / Mailing Address: MAR 2 7 2015 State Bar of Texas ID number: ~7 Time:

Telephone number:

By.

Harris County, Texas Mailing Address: Ofld/irL r)

-

Deputy

Fax number (if any): Telephone number: - (r Fax number (if any): _ * “A defendant in a criminal case has the right of appeal under these rules The tnal court shall enter a certification of the defendant's nght 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 m 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 tnal court's permission to appeal ” TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2)

CA FRK

9/1/2011

APPEAL CARD

. 5ÿ Cause No.'

/A/_

iztM-iOO

The State of Texas

fawm&h1 '.lÿferAtol Date Notice Of Appeal: V2-1 IS_ •

Presentation: Vol. Pg,

Judgment: Vol. Pg-.

Judge Presiding rvriteWi'Hh_ Court ReporterÿliAh/aj UWkTKi Court Reporter_ Court Reporter_

Attorney on Trial_,1/amrc (AMhJ Attorney on Appeal

Y

Appointed Hired.

Offense Wuto-fkTK Jury Trial: Yes No

Punishment Assessed _ ‘55' \plVC _

Companion Cases (If Known)

Amount of Appeal Bond QL Appellant Confined: Yes / No.

Date Submitted To Appeal Section V 21 iS Deputy Clerk