Joseph Juan Facundo v. State

• Court: Court of Appeals of Texas
• Decided: March 26, 2015
• Docket: 01-15-00279-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00279-CR

S & HARRIS COUNTY DISTRICT CLERK

'Qor& FILED IN 1st COURT OF APPEALS March 11,2015 HOUSTON, TEXAS 3/26/2015 2:07:00 PM HONORABLE BROCK THOMAS CHRISTOPHER A. PRINE 338™ DISTRICT COURT Clerk HARRIS COUNTY HOUSTON. TX

Defendant’s Name: JOSEPH JUAN FACUNDO

Cause No: 1344346

Court: 338th DISTRCIT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 3/06/15 Sentence Imposed Date: 3/06/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely, 'N \

S. NORRIS 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 P.O.Box 4651 Houston, Texas 77210-4651 7 •' r Cause No. I?±l3fy THE STATE OF TEXAS

J°ÿpA \1 1 f~ACMri 1() AJK/AJ

TUÿ-aistrict Court / County Criminal Court at Law No. Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On „ jjy /& (date), the defendant in the above numbered and styJd NOTICE Oy APPE./L of his conviction. District Clerk

The undersigned attorney (check appropriate box): MAR 0 6 2015 arMovES to withdraw. Tlme:_ Harris County, Texas ADVISES the court that he will CONTINUE to represenuhe defendant on appeal-

3/ /d-0 /fT~_ [ £ Deputy

_ Date Attorney (Signature)

Defendai/i (Printed name) Al \)[ÿy Attorney (Printed name) £ M M. PT P

State Bar Number . ,

Address -7 nÿsa-/9/ 9 Telephone Number The defendant (check all that apply): 6T 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.

V CJlSnl / Defendant (Signature) Defendant’s Panted name

SWORN TO AND SUBSCRIBED BEFORE ME ON MAR 06 2015_ By Deputy District Clerk of Harris County, Texas

hllp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w AffirmationJ.doc.x Page I of 3 06/01/06 !'ÿ ORDER

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. 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. Defendant’s / 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 defendant / appellant. BAIL IS: WÿSET at $ 1 TO CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: MAR 06 2015 JUDGE PRESIDING, 33ÿ DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

hrtp://hcdco-mtranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3 06/01/06 PAUPER’S OATH ON APPEAL CAUSE NO.: / OFFENSE: p / A [_ My-r £

SUBSCRIBED AND SWORN to before me, this (/ÿ day of fYWrJO A.D.. 20 15 DEPUTYvDlSTRICT CLERK DISTRICT COURT HARRIS COUNTY, TEXAS

ORDER On 3-

0ÿ The court orders that ( , /"T (\/f 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. 1? \ i« ® ® It is further ordered that the clerk of this court mailjicopy of the order to the court reporter:CJ? cierk Ti If . bv certifie til receipt requested. 1 M'5 y<ÿt KJUfiGEPRESmiNG MAR ' DISTRICT COURT Deputy

HARRIS COUNW, TEXAS

AFFIRMATION / V/ -JL 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 preform my duties as appellate counsel, I will notify the court immediately so that the court may take the 'Wÿiappropriauction as deemed necessary.

(SIGNATURE) T~L BAR/SPN NUMBER * / 7x_ ADDRESS CITY STATE ZIP

PHONE 2&?t-££7-'3&?2 FAX NUMBER

CO EMAIL ADDRESS V “ ; U>// SWORN TO AND SUBSCRIBED BEFORE ME ON iÿLtgACjt LCy£Q&~ / I DEPUTY DKT&Cpt:LERK (SIGNATURE) DISTRICT CLERK THE STATE OF TEXAS Cause No.

IN THE 3\ COURT © v. COUNTY CRIMINAL COURT AT LAW NO.

O , Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge ofpd trial court, certify this criminal case: []2\ 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 has the right of appeal, [or] 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.

5/ k AH /C5 Judge Date Signet

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.

V Defendant/ " 1/ Defendant's Counsel

Mailing Address: _ State Bar of Texas ID number: FILED 7?G Telephone number: Chris Daniel District Clerk Mailing Address: & 9 "

7* 7" 0-0-3*'- f ? / *7 Fax number (if any): Time: _ MAR 0 6 2015 ; Harris County, Texas Telephone number: Fax number (if any): 1 * “A defendant in a criminafocaselias Hit rjgjffÿf appeal undor 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).

0/1/901 1 vt APPEAL CARD

c 5-5- 'S Cause No. p!±EiU _ The State of Texas Vs Joseph fecun frtrnnin Date Notice Of Appeal: _ j,

Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Judge Presiding. feflaKjfefj) Court Reporter_ t5uli'ia Court Reporter_ Court Reporter_

Attorney on Trial Alvin MunrveteiA Attorney on Appeal,

Appointed fe" Hired _ Coÿ>\ka\ r/\i irrrlÿ Offense.

Jury Trial Yes No

Punishment Assessed _ Life _ Companion Cases (If Known)

Amount of Appeal Bond.

Appellant Confined: Yes No

Date Submitted To Appeal Section. 3 1 Mare Deputy Clerk. feMalto?