Jovante Charles Banks v. State

CourtCourt of Appeals of Texas
DecidedFebruary 26, 2015
Docket01-15-00184-CR
StatusPublished

This text of Jovante Charles Banks v. State (Jovante Charles Banks v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jovante Charles Banks v. State, (Tex. Ct. App. 2015).

Opinion

CHRIS DANIEL 01-15-00184-CR HARRIS COUNTY DISTRICT CLERK

February 25, 2015 FILED IN 1st COURT OF APPEALS JOSHUA HILL HOUSTON, TEXAS ATTORNEY OF RECORD 2/26/2015 3:12:41 PM 4615 SW FRWY., SUITE 600 CHRISTOPHER A. PRINE HOUSTON, TEXAS 77027 Clerk

Defendant's Name: JOVANTE CHARLES BANKS

Cause No: 1370633

Court: 180™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 02/13/2015 Sentence Imposed Date: 02/13/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JOSHUA HILL Pauper's Oath On Appeal Filed: 02/13/2015

Sincerely,

vs/N. Salinas Criminal Post Trial Deputy

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

K. 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 77210-465 1 i\ Cause No.

THE STATE OF TEXAS

A/K/A/ f3 im District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT: Time: 13 2015 On (date), the defendant in the above numbered ed causeu jive's*as NOTICE OF APPEAL of his conviction. Depufp-~~-—. The undersigned attorney (check appropriate box):

t MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal

Date Attorney (Signatureÿ

t. rlurra rÿL wrn « A Defendant (Printed name) Attorney (Printed name)

State Bar Number . . tytfy PA t/'r\ Sfj, 9 /). n I** MAK7(-b- 8 Telephone Number The defendant (check all that 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. pC 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.

Defendant (Signature) Defendant’s Printed name

By Deputy District Clerk of Harris County, 'fexa'ÿÿÿct)v>ÿ u,/ _ hnp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 p9ÿ-w'AtTirmJfion).docx/P0gp 2 l/of 3 0M"'°6 \ 1 vS so s»>"I. ORDER

On t4hA<> the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time.

p'ls 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 withdraws GRAailfeD /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: SET at S _ To CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only)

DATE SIGNED:

JUDGE PRESIDING, |TSD DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS * /*/ JM.

hnp://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 ; Cause No. Bloub'i THE STATE OF TEXAS

A/KJAJ

Ito District Court / County Criminal Court at Law No.

OATH OF APPOINTED ATTORNEY ON APPEAL

—IOSUUOL M-IU , 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. ZHoHqZol j_ gZIÿTMZO Attomey-at-Law (Signature) BAR Number / SPN M(pi5 f-\6U5fp/l , TX '1'lcZl Address City / State / Zip

113- n\1-(eZ

z|n|zoi

By Deputy District Clerk of Harris County, Texas (S. -(

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 3 of 3 06/01/06 HI Cause No. 137ouÿs © THE STATE OF TEXAS IN THE I& DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS foAtJVis 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] 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] O is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] CD is a plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.

Iv-K Judge 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 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. 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.

Defendant Defendant's Counsel /1/eg'ftVTf 01

Mailing Address: State Bar of Texas ID number: Telephone number:

Fax number (if anv):T7fna: _ Mailing Address: Telephone number 7/ us_ 6'iy 8*. Fax number (if any): * “A defendant in a criminal case has the right of appealunder 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 PAUPER’S OATH ON APPEAL CAUSE NO.: rS70l?3 OFFENSE: A<\&* Se* C/iSfj THE STATE OF TEXAS im DISTRICT COURT VS. OF HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES _, defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant fes{ÿct|ullypetitions 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. Tjÿe. By, rv~, , '

— y DEFENDANT D~PUty

SUBSCRIBED ANS- SWORN to before me, this. 1?) dav of A.D., 20 .

DEPQTY DISTRICT CLERK 4%f) DISTRICT COURT HARRIS COUNTY, TEXAS

ORDER On 3Jb n. aDi-S- the court conducted a hearing and found that the defendant is indigent.

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Bluebook (online)
Jovante Charles Banks v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jovante-charles-banks-v-state-texapp-2015.