John Cruz Buentello v. State

Procedural entryThis page is a short order in John Cruz Buentello v. State. Read the opinion of the Court — 2016 Tex. App. LEXIS 13030
Court of Appeals of Texas·Decided October 1, 2015·No. 01-15-00834-CR·Published

Opinion

01-15-00834-CR CHRIS DANIEL 46ft HARRIS COUNTY DISTRICT CLERK

FILED IN September 18, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE SUSAN BROWN 10/1/2015 10:04:12 AM 185™ DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk

Defendant’s Name- JOHN CRUZ BUENTELLO

Cause No. 1450047

Court. 185™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause.

Notice of Appeal Filed Date: 09/15/15 Sentence Imposed Date: 09/15/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely,

D Bullock Criminal Post Trial Deputy

CC- Devon Anderson District Attorney Appellate Division Hams County, Texas

CARRIE LOGAN (DELIVERED VIA E-MAIL)

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

1201 Franklin PO Box 4651 Houston, Texas 77210-4651 v Cause No. mwn THE STATE OF TEXAS 5 <<& V. Jg/)h 31/8* kilo , A/K/A/

District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On l£j 70lf (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction

The undersigned attorney (check appropriate box): CKv \\ MOVES to withdraw ADVISES the court that he will CONTINUE to represent the defendant An-appea I

Vjj/iy Date Attorney (Signature)

iW)r> 8 j/jh k Defendant (Printed name) Attorney (Printed name) / Chris Daniel State Bar Number . . . District Clerk SEP 1 5 2015 Address Time-. Harris County. Texas Kirin. Telephone Number The defendant (cneckeriHbrat apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT * appellate counsel to represent him 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

s' Defendaijf (Signature) defendant’s Printed . SWORN TO AND SUBSCRIBED BEFORE ME ON SEP I 5 /fe; •2 By Deputy District Clerk of Harris County, Texas 16J.

C \Users\thrislmaczepmski\Desktop\TRlAL INFOIAPPEAL SOPS & 1NFOVNOTICE OF APPEAL (2 paaes-wout AfTirmation) doc Page 1 of2 1/09/08 ORDER

On SEP 1 § 2015 the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time H'TsTiidigent for the purpose of employing counsel

— paying for a cleik's and court reporter's record O-empl'oying counsel or paying for a clerk's and court leporter's record The Court ORDERS that Counsel's motion to withdraw ((TGRANTÿ/ DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED Defendant's / appellant's motion is GRANTED and n (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal

... HJÿriie"couRT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant M°\0 BAIL IS SET at $ _ TO CON riNUE as presently set DENIED and SET at No BOND (Felony Only) is V h $\ m DAT C SIGNED SEP i § (h JUDGE PRESIDING, DISTRICT COURT/ fiÿVjf §? /OJA COUNT Y CRIMINAL COURT AT LA jo HARRIS COUNTY, TEXAS

C \Uscrs\chnstina tzepmsUDesktopVI RIA1 INFOVAPPFAL SOPS & INFO\NOTlCE Or APPEAI (2 pagcs-wout Affirmation) dot Page 2 of 2 1/09/08 * Cause No. UlfroH7 m THE STATE OF TEXAS IN THE DISTRICT COURT

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] n 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.

SEP i Judge d G- 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 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

Defei Defendant's Counsel

Mailing Address- _ f ILED State Bar of Texas ID number: 3WS1W [ Telephone number: _ £«r?c?S!& Mailing Address: . SEP I !> 2015 Fax number (if arjty?® "srrls Telephone number: By. Deputy Fax number (if any)- * “A defendant in a cnminal case has the nght of appeal under these rules The trial 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 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 PAUPER’S OATH ON APPEAL CAUSE NO.: \MSOO4-) OFFENSE L-T THE STATE OF TEXAS _ DISTRICT COURT . L[F&' VS. OF oe*ry -Velio HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES O . defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply) ELk" Appoint appellate counsel to represent him. Asks the court to order that a free record bCjarovided to him.

DANT

SUBSCRIBED AND SWORN to before me, this I day of A.D., 20. FILED Chris Daniel u District Clerk DEPUTY DISTRICT CLERK pK\ DISTRICT COURT SEP 1 5 2015 HARRIS COUNTY, TEXAS Time:. Harris County. Texas By Deputy ORDER On 4)iA)is the court conducted a hearing and found that the defendant is indigent.

The court orders that _ is appointed to represent defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. Itiis further ordered that the clerk of this court mail a copy of the order to the cou CL A fl-E- > ‘L* L- O (y A Q . by certified mail return receipt requested, i

A _ cb m.PRESIDING\ i DISTRICT COURT HARRIS COUNTY, TEXAS

AFFIRMATION m %Hi0# *

I, [A > ( i at Law, swear or affirm that I will be solely Attorney responsible writing a brief and represen tinglhe appellant on appeal. If I am not able to preform my fof: duties /as appelate cojmsek I will notify the court immediately so that the court may take the appropriater aÿogÿaÿeeme/miaecessary. BAR/SPN NUMBER

ADDRESS CCPU ( r 7 3TY 7 STATE ZIP

7r*1 Hz) 7AX NUMBER

Free access — add to your briefcase to read the full text and ask questions with AI

John Cruz Buentello v. State, (Tex. Ct. App. 2015).

John Cruz Buentello v. State (John Cruz Buentello v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.