CHRIS DANIEL 9 HARRIS COUNTY DISTRICT CLERK
FILED IN July 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE CATHERINE EVANS 7/30/2015 10:48:27 AM 180™ DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk
Defendant’s Name: JAY COLBY FITZGERALD
Cause No: 1474580
Court: 180th DISTRICT COURT Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 7-23-15 Sentence Imposed Date: 7-23-15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED
Sided
fc-Arriaga / / Criminal PpstTnal Deputy
4 : Devon Anderson District Attorney Appellate Division Harris County, Texas
KATHERINE POWERS (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 77210-4651 'Cause No. _}'TT4S$0 rz Pi17 THE STATE OF TEXAS . 'A/KJAJ _ % f ifow District Coart / CouutyCi iuiiuul COUITai LAW No. FT Harris County, Texas LED Chris Daniel nintrtat Glerfc,
NOTICE OF APPEAL JUL 23 2015 Time: narn» County, TexaT TO THE HONORABLE JUDGE OF SAID COURT:
On njatdk_ NOTICE OF APPEAL of his conviction. (date), the defendant in the above numbered and styled cause gives uoputy
The undesigned attorney (check appropriate box): tjMOVES to withdraw. O ADVISES the court that he will CONTINUE to represent the defendant on appeal.
Date nlrln/if Attorney (Signature) Vkdl hi Tfcw fnllnfirdd Xlto'e vZVvVimr Defendant (Printto name)" Attorney (Printed name) 0&>rf-)oo State Bar Number
The defendant (check all that apply): Address Qn m Telephone Number ItIt* 8ÿ ar REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT agpe Hate counsel to represent him. SETA§KS the Court to ORDER that a free record be provided to him. aÿASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief.
Deÿndaoÿignaturej BL&.fiulrJ (8/ Defendant's Pritufrd name tr \
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Harris County, Texas if- • — : / i —i
hnp;//hcdco-intianci/Criminal/Crimmal Coum/SOPs and Forms Library/Criminal Forms/Nolice of AppeaJ (3 pages-w AfIimiaiion).docx Page 1 of 3 06/01/06 V
* ORDER
On the Court conducted a hearing and FINDS that defendant / appellant
is NOT indigent at this time. indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. .ÿEmploying counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that -s.
efÿCounsel’s motion to withdrawÿ GRANTED/DENIED. Defendant / appellant’s motion (toEe tound indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant. BAIL IS: SET at $ _ To CONTINUE as presently set. and is SET at No BOND. (Felony Only)
DATE SIGNED: 1'**>-{<> S'.-ÿXAS 'J--. JUDGETRESTCING, §/ tffio DISTRICT COURT / \ GoyNTY CRIMINAL COURT AT LAW NO. °! . SBvftRis COUNTY, TEXAS W\ / *! /
http://hcdco-iinmnei/Criminal/CrimmaJ Coorts/SOPs and Forms Library/Crimmsl Forms/Noiict of Appeal (3 pages-w A(Tirmalion).docx Page 2 of 3 06/01/06 THE STATE OF TEXAS Cause No. I IN THE IÿQIDISTRICT COURT © v. COUNTY CRIMINAL COURT AT LAW NO. _, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] FI 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 Date Signed
1 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. 1 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 1 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. 1 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.
"Owe _\Moh Dÿndmt Mailing Address: _ Defendant’s Counsel
State Bar of Texas ED nlumber o Telephone numfeie: Mailing Address: Qh Mil? £3310 B Fax number (if Telephone number: “•PUtJ" ~ljC> 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 9/1/2011 CAUSE NO.: mm-sspo PAUPER'S OATH ON APPEAL [mÿss' r OFFENSE: A£i£-y ?z THE STATE OF TEXAS jU I DISTRICT COUR'Pfÿ VS. OF HARRIS COUNTY, TE&A£ J°L 24 TO THE HONORABLE IUDGE OF SAID COURT: Ojpjp%sÿÿ NOW COMES AAÿ(LQC£XJ P \\ fa P(£ALQ defendant in the above styled andnumBSred cause, and states under oath that lie is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.
/ DpENB&fT V SUBSCRIBED AND SWORN to before me, this dav of~ÿU-ÿ A.D., 20 15T
iternty DISTRICT CLERK 1)0 DISTRICT COURT [ARRIS COUNTY, TEXAS
ORDER OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent. thatÿÿ cVvoxi?. PP\ÿ -£r\f IMjs appoi nted to represent $3) The court orders defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. * _ It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter r\ vu\ k) IC , by certified mtuTretum retfeip) requested.
JUDGWRESII5ING iXO DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION I, K\ A-ÿÿttomey at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal. If 1 am not able to preform my duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action as deemed necessary. ATTORNEY (SIGNATURE! V BAWSPN NUMBER
ADDRESS CITY STATE ZIP
PHONE in PW ?Tr7 FAX NUMBER
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CHRIS DANIEL 9 HARRIS COUNTY DISTRICT CLERK
FILED IN July 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE CATHERINE EVANS 7/30/2015 10:48:27 AM 180™ DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk
Defendant’s Name: JAY COLBY FITZGERALD
Cause No: 1474580
Court: 180th DISTRICT COURT Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 7-23-15 Sentence Imposed Date: 7-23-15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED
Sided
fc-Arriaga / / Criminal PpstTnal Deputy
4 : Devon Anderson District Attorney Appellate Division Harris County, Texas
KATHERINE POWERS (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 77210-4651 'Cause No. _}'TT4S$0 rz Pi17 THE STATE OF TEXAS . 'A/KJAJ _ % f ifow District Coart / CouutyCi iuiiuul COUITai LAW No. FT Harris County, Texas LED Chris Daniel nintrtat Glerfc,
NOTICE OF APPEAL JUL 23 2015 Time: narn» County, TexaT TO THE HONORABLE JUDGE OF SAID COURT:
On njatdk_ NOTICE OF APPEAL of his conviction. (date), the defendant in the above numbered and styled cause gives uoputy
The undesigned attorney (check appropriate box): tjMOVES to withdraw. O ADVISES the court that he will CONTINUE to represent the defendant on appeal.
Date nlrln/if Attorney (Signature) Vkdl hi Tfcw fnllnfirdd Xlto'e vZVvVimr Defendant (Printto name)" Attorney (Printed name) 0&>rf-)oo State Bar Number
The defendant (check all that apply): Address Qn m Telephone Number ItIt* 8ÿ ar REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT agpe Hate counsel to represent him. SETA§KS the Court to ORDER that a free record be provided to him. aÿASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief.
Deÿndaoÿignaturej BL&.fiulrJ (8/ Defendant's Pritufrd name tr \
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Harris County, Texas if- • — : / i —i
hnp;//hcdco-intianci/Criminal/Crimmal Coum/SOPs and Forms Library/Criminal Forms/Nolice of AppeaJ (3 pages-w AfIimiaiion).docx Page 1 of 3 06/01/06 V
* ORDER
On the Court conducted a hearing and FINDS that defendant / appellant
is NOT indigent at this time. indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. .ÿEmploying counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that -s.
efÿCounsel’s motion to withdrawÿ GRANTED/DENIED. Defendant / appellant’s motion (toEe tound indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant. BAIL IS: SET at $ _ To CONTINUE as presently set. and is SET at No BOND. (Felony Only)
DATE SIGNED: 1'**>-{<> S'.-ÿXAS 'J--. JUDGETRESTCING, §/ tffio DISTRICT COURT / \ GoyNTY CRIMINAL COURT AT LAW NO. °! . SBvftRis COUNTY, TEXAS W\ / *! /
http://hcdco-iinmnei/Criminal/CrimmaJ Coorts/SOPs and Forms Library/Crimmsl Forms/Noiict of Appeal (3 pages-w A(Tirmalion).docx Page 2 of 3 06/01/06 THE STATE OF TEXAS Cause No. I IN THE IÿQIDISTRICT COURT © v. COUNTY CRIMINAL COURT AT LAW NO. _, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] FI 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 Date Signed
1 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. 1 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 1 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. 1 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.
"Owe _\Moh Dÿndmt Mailing Address: _ Defendant’s Counsel
State Bar of Texas ED nlumber o Telephone numfeie: Mailing Address: Qh Mil? £3310 B Fax number (if Telephone number: “•PUtJ" ~ljC> 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 9/1/2011 CAUSE NO.: mm-sspo PAUPER'S OATH ON APPEAL [mÿss' r OFFENSE: A£i£-y ?z THE STATE OF TEXAS jU I DISTRICT COUR'Pfÿ VS. OF HARRIS COUNTY, TE&A£ J°L 24 TO THE HONORABLE IUDGE OF SAID COURT: Ojpjp%sÿÿ NOW COMES AAÿ(LQC£XJ P \\ fa P(£ALQ defendant in the above styled andnumBSred cause, and states under oath that lie is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.
/ DpENB&fT V SUBSCRIBED AND SWORN to before me, this dav of~ÿU-ÿ A.D., 20 15T
iternty DISTRICT CLERK 1)0 DISTRICT COURT [ARRIS COUNTY, TEXAS
ORDER OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent. thatÿÿ cVvoxi?. PP\ÿ -£r\f IMjs appoi nted to represent $3) The court orders defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. * _ It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter r\ vu\ k) IC , by certified mtuTretum retfeip) requested.
JUDGWRESII5ING iXO DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION I, K\ A-ÿÿttomey at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal. If 1 am not able to preform my duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action as deemed necessary. ATTORNEY (SIGNATURE! V BAWSPN NUMBER
ADDRESS CITY STATE ZIP
PHONE in PW ?Tr7 FAX NUMBER
tu rVt EMAILADDRESS n rop/S) SWORN TO AND SUBSCRIBED BEFORE ME ON
DEPUTY DJSTÿCT CLERK (SIGNATURE) DISTRICT CLERK „ Cause No.
THE STATE OF TEXAS <3 A-C| P-|T7faKlPA*fV A/K/A/
\toTYf District Court / County CHlnlmU Coui I at Luw-Ntr.
Harris County, Texas
OATH OF APPOINTED ATTORNEY ON APPEAL
I, 1/ 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.
U*. !3 Attomey-at-Law (Signature) BAR Number / SPN
9P.?2>X Address City / State / Zip
Phone '13 FAX ~V3_
* _0/ÿ SWORN TO AND SUBSCRIBED BEFORE ME ON
w II By Deputy District Clerk of Harris County, Texas
\r: / N,, & tic's'll /ÿ
hnp://hcdco-intranctATrimjnfll/CriminaJ Coura/SOPs and Forms Library/CrimirmJ Forms/Nolice of Appeal (3 pages-w Aflirmaiion),docx Page 3 of 3 06/01/06 APPEAL CARD
Cause No. .. ifc units
The State of Texas Vs \ftrU doufou £TT7.&ie£ft<-&
Date Notice Of Appeal: .
Presentation:
Judgment: _ _ Vol.
Vol. Pg-.
Pg.
Judge Presidingÿ JVTW 00A V-ÿ Cvf -/VlO Court Reporter Court Reporter Court Reporter
Attorney on Trial
AITP“pw'XP t>eTÿ(vi'PCQ on
Appointed _ Hired
Offense frkfafcftnU'tgft iL&tbbgCÿ Jury Trial Yes )/_ No
Punishment Assessed _ _ Companion Cases (If Known)
Amount of Appeal Bond. /&L Appellant Confined: Yes No
Date Submitted JUL 2 4 2015 To Appeal Section
Deputy Clerk