Julian Moreno v. State

Opinion

01-15-00441-CR

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

%s& FILED IN May 7, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

5/13/2015 1:50:45 PM

THOMAS LEWIS CHRISTOPHER A. PRINE

ATTORNEY OF RECORD Clerk 1602 WASHINGTON AVE. HOUSTON TEXAS 77007

Defendant’s Name: JULIAN MORENO

Cause No: 1391823

Court: 230™ Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 04/29/2015 Sentence Imposed Date: 04/29/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: THOMAS LEWIS Pauper’s Oath Filed: 04/29/2015

Sincerely,

Criminal Post Trial Deputy

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

TRISH MATTHEWS (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 If l*?

2

THE STATE OF TEXAS

V. , A/K/A/

9-V) District Court / County Criminal Court at Law No.

Harris County, Texas

&

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On I, 1A{ tOlf _ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box):

0 MOVES to withdraw.

ADVISES the court that he will CONTINUE to represent the defendantdnXppeal .

Date Attorney (Signature)

0UUAN Defendant (Printed name)

_

.AifKiFilJCiv*

.

/ J:'4

ViV- l/ilClU/A Attorney (Printed name)

L/LT

State Bar Number

.....

. . ...y, VSJOKJS

/ i 60/ Sfe W, <3 Vf Address ’ Ycof SSL™. itV 7ÿ

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.

0ÿ 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.

OuuZAÿ "Wf M Qÿ£A>0 7 17

Defendant (Signature) Defendant’s Printed njjame SWORN TO AND SUBSCRIBED BEFORE ME ON UMAi imH By Deputy District Clerk of Harris County, Texas Ts \

http://hcdco-intranet/Criminal/Criminal District Courts/Felony Clerks' Info Site/Criminal Fomis/Notice of Apped.doc Page 1 of 3 06/01/06

ORDER

APR 2 9 2015

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. 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 defendant / appellant.

BAIL IS:

SET at $ /QO, U,\~t L C

To CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only)

DATE SIGNED:

I APR 2 9 »15

RESIDING,

ivQ'U\ STRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

http://hcdco-intranet/Criminal/Criminal District Courts/Felony Clerks' Info Site/Criminal Forms/Notice of Apped.doc Page 2 of 3 06/01/06 mm h ins

THE STATE OF TEXAS Cause No. /-vi ir«> IN THE DISTRICT COURT ©

v. COUNTY CRIMINAL COURT AT LAW NO.

M ol£*/0 , Defendant HARRIS COUNTY, TEXAS

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

y/ is not a plea-bargain case, and the defendant has the right of appeal, [or] f~~l 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]

th< ifhas waited the right of appeal.

APR 2 9 2015

(£L jjpge 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 appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for djsdfetiofaary review.

jg -Ws $>

Defendant Defendant's Counsel 23 2:3

Mailing Address:"

By

Telephone number:

— state Bar of Texas ID number:

Mailing Address: _ re¬

Fax number (if any): Telephone number: _ 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

PAUPER’S OATH ON APPEAL

CAUSE NO.: Vb°\\%Zÿ OFFENSE:

THE STATE OF TEXAS 7S?~20 DISTRICT CIÿRTÿ VS. OF

\ 0\\Qv <\ Q< HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES \o\v \V\o( €? op _ , 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>(eheck all that apply)

Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.

/DEÿNDANT

SUBSCRIBED AND SWORN to before me, this. day of OPHL A.D., lf?_ FILK 33)

___ IISTRIVT

UfetRIjUr CLERK

£ggg COURT HARRIS COUNTY, TEXAS

\ h'l*iÿL_ ' w *9

ORDER

On the court conducted a hearing and found that the defendant is indigent.

The court orders that Ny is appointed to represent jJefendant/appellant on appeal.

Cr The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant.

It is further ordered that the clerk of this court mail a copy of the order to the court reporter:

by certified maÿjÿtaÿÿrepSfptrequested.

jglMSgm.nn- [ARRIS COUNTY, TEXAS

AFFIRMATION

i ew* f Attorney at Law, swear or affirm that I will be solely _,

for writing a brief and representing the appellant on appeal. If I am not able to preform my responsible duties as appellate counsel, I will notify the court immediately so that the court may take the appropriate action asjdeemed necessary.

12

ATTORNEY (SIGNATURE) BAR/SPN NUMBER 1 (oO2. U, A k b\ I O /Co cO AJ (X '~?'7>ocfy ADDRESS CITY STATE ZIP n\i> fzse- cm<!

PHONE FAX NUMBER /QUW2-C- CoWiCAi'V. wei

EMAIL ADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON

DEPUTY DISTRICT

DISTRICT CLERK

CLElW(/ÿNATURE) tY

APPEAL CARD

.It let The State of Texas

'l-W'/S'

Date Notice Of Appeal: . <sZJ/5~ Presentation: Vol. Pg..

Judgment: VoL Pg..

Judge Presiding. Court Reporter_ 'Avs/7 Court Reporter_ Court Reporter_

Attorney on Trial tA Attorney on Appeal.

7ÿ&////fc?/?z&7s

Appointed. / Hired

Offense zm Jury Trial Yes _ No X Punishment Assessed _ _ Nj±

Companion Cases (If Known)

Amount of Appeal Bond

Appellant Confined: Yes / No

Date Submitted To Appeal Section. f/sp/if 5W-7 Deputy Clerk.