01-15-00857-CR CHRIS DANIEL o $ H VRRIS COUNTS DISTRICT CLERK
FILED IN October 7, 2015 1st COURT OF APPEALS HOUSTON, TEXAS MANDY MILLER 10/12/2015 8:45:22 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 2910 COMMERCIAL CENTER BLVD #103-201 KTY, TX 77494
Defendant’s Name: JUSTIN DAREN BUXTON
Cause No: 1482081
Court: 228th DISTRICT COURT Please note the following appeal updates on the above mentioned cause1
Notice of Appeal Filed Date: 10/1/15 Sentence Imposed Date: 10/1/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: MANDY MILLER
Sincerely,
S. NORRIS Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
JULIE JOHNSON (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 Cause No. iymi . THE STATE OF TEXAS
K/A/
I'II'I Court/ÿi ounty-Criminal Cum t at Luo Ntr
Harris County, Texas
ft; NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:
On - OCT 12015 NOTICE OF APPEAL of his conviction (date), the defendant in the above numbered and styled cause gives
The undersigned attorney (check appropriate box): MOVES to withdraw ADVISES the court that he will CONTINUE to represent the defenddflt o< n appeal-ÿ GOT- 120(5 -v V Date Attorney (Signaturi
J A LAX A Still endant (Printed Attorney (Printer name) Chris Daniel JHO 5 3 District Clerk OCT - 1 21m State Bar Number it>iAih>A rx Time:. 1ÿ6/ Address Frcrslcl\ IStU f~l 7703S Harris County, Texas By. Deputy Telephone Number l\±SL3~ The deferpJant (check all that apply): O REPRESENTS to the court that he IS pte'sently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him \ !g/ASKS the Court to ORDER that a free record be provided to him ASKS the to set BAIL Acp<5ujmgi5rrÿppellarit ASKS the Cpwrf to conduct a hearing, make findings, and enter an Order Grantinÿ'tJaÿremiested relief
; c J* LA *> (~t yv name idabt (Signature) Defendant’s Printed SWORN TO AND SUBSCRIBED BEFORE ME ON ter -mi By Deputy District Clerk of Hams County. Texas s
Page I of 2 ORDER
On ocr-i2n» the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time for the purpose of fÿmploying counsel
IBÿpayipg for a clerk’s and court reporter’s record employing counÿgflmd/oÿjÿing for a clerk’s and court reporter's record The Court ORDERS that OÿCounsel’s motion to withdraw 1 ?BENIEP. Defendant / appellant's motion (to be found indigent) is DENIED Defendant's / appellant’s motion is GRANTED and Attorney _ Bar Card Number SPN Number is APPOINTED to represent defendant / appellant on appeal
Harris County Public Defender's Office (HCPD) is APPOINTED to represent defendant/appellant on appeal Assistant Public Defender Assigned by HCPD _ Bar Card Number SPN Number
PÿThe COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant BAIL IS SET at $ _ Q TOCQNTINUE as p tÿÿENIED and is SET at No BOND (Felony Only)
DATE SIGNED OCT 1 - COURT /
Page 2 of 2 Cause No.
THE STATE OF TEXAS V. , AJKJAJ
District Court / County Criminal Court at Law No.
OATH OF APPOINTED ATTORNEY ON APPEAL
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
Attomey-at-Law (Signature) BAR Number / SPN
Address City / State / Zip
Phone FAX
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Hams County, Texas
Page 3 of 3 m THE STATE OF TEXAS Cause No. /Mm7ÿ" IN THE DISTRICT COURT
v.
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* IJudge ofjhtf trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] [~~| 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] d is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] d is a plea-bargain case, and the defendant has NO right of appeal, [or] d the defendant has waived the right of appeal.
- i za\s 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 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 addresgjmiay lose the opportunity to file a pro se petition for discretionary review.ÿ
Jefepdm:
Mailing Address: _ 7 Defendant's Counsel 7 State Bar of Texas ID number: X Telephone number: Mailing Address: llol frJclU Iftk f\ Fax number (if any): Telephone number: FILED Chris Daniel Fax number (if any): District Clerk * “A defendant in a criminal case has the right of rules The tnal court shall enter a certification of the defendant's right to appeal in every case in which lfnpÿs 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 conrStSÿSStÿtÿÿgtshment did not exceed the punishment recommended by the prosecutor and agreed to by the Hp.fenHaSyÿa defendant mav appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (B) after getting the tritffÿo&rfs permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(aX2). CAUSE NO.: HMM- PAUPER’S OATH ON APPEAL ¥ THE STATE OF TEXAS 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 respectfully petitions the court to: (check all that apply) B Appoint appellate counsel to represent him. Asks the court to order that a free repofthb# >rovided to him.
DEFENDANT SUBSCRIBE to beforcÿmeÿthis /ÿTÿd 20 /S Chris Daniel District Clerk OCT - 1 201b ry DISTRICT CLERK Time:. A_DlSTRICT COURT Harris County, Texas [S COUNTY, TEXAS
Deputy ORDER On 10- ACT the court conducted a hearing and found that the defendant is indigent.
¥ The court orders that tVlt| \Q{~ is appointed to represent defendant/appellant on appeal. M The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. Iti this court mail a ctfpy of the ordep'tfftFte court reporter: _, by certifigd-mail return receipt requested.
m PRESIDING HARRIS COUNTY, TEXAS COURT x
AFFIRMATION WWu Milk r , Attorney at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal.
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01-15-00857-CR CHRIS DANIEL o $ H VRRIS COUNTS DISTRICT CLERK
FILED IN October 7, 2015 1st COURT OF APPEALS HOUSTON, TEXAS MANDY MILLER 10/12/2015 8:45:22 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 2910 COMMERCIAL CENTER BLVD #103-201 KTY, TX 77494
Defendant’s Name: JUSTIN DAREN BUXTON
Cause No: 1482081
Court: 228th DISTRICT COURT Please note the following appeal updates on the above mentioned cause1
Notice of Appeal Filed Date: 10/1/15 Sentence Imposed Date: 10/1/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: MANDY MILLER
Sincerely,
S. NORRIS Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
JULIE JOHNSON (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 Cause No. iymi . THE STATE OF TEXAS
K/A/
I'II'I Court/ÿi ounty-Criminal Cum t at Luo Ntr
Harris County, Texas
ft; NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:
On - OCT 12015 NOTICE OF APPEAL of his conviction (date), the defendant in the above numbered and styled cause gives
The undersigned attorney (check appropriate box): MOVES to withdraw ADVISES the court that he will CONTINUE to represent the defenddflt o< n appeal-ÿ GOT- 120(5 -v V Date Attorney (Signaturi
J A LAX A Still endant (Printed Attorney (Printer name) Chris Daniel JHO 5 3 District Clerk OCT - 1 21m State Bar Number it>iAih>A rx Time:. 1ÿ6/ Address Frcrslcl\ IStU f~l 7703S Harris County, Texas By. Deputy Telephone Number l\±SL3~ The deferpJant (check all that apply): O REPRESENTS to the court that he IS pte'sently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him \ !g/ASKS the Court to ORDER that a free record be provided to him ASKS the to set BAIL Acp<5ujmgi5rrÿppellarit ASKS the Cpwrf to conduct a hearing, make findings, and enter an Order Grantinÿ'tJaÿremiested relief
; c J* LA *> (~t yv name idabt (Signature) Defendant’s Printed SWORN TO AND SUBSCRIBED BEFORE ME ON ter -mi By Deputy District Clerk of Hams County. Texas s
Page I of 2 ORDER
On ocr-i2n» the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time for the purpose of fÿmploying counsel
IBÿpayipg for a clerk’s and court reporter’s record employing counÿgflmd/oÿjÿing for a clerk’s and court reporter's record The Court ORDERS that OÿCounsel’s motion to withdraw 1 ?BENIEP. Defendant / appellant's motion (to be found indigent) is DENIED Defendant's / appellant’s motion is GRANTED and Attorney _ Bar Card Number SPN Number is APPOINTED to represent defendant / appellant on appeal
Harris County Public Defender's Office (HCPD) is APPOINTED to represent defendant/appellant on appeal Assistant Public Defender Assigned by HCPD _ Bar Card Number SPN Number
PÿThe COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant BAIL IS SET at $ _ Q TOCQNTINUE as p tÿÿENIED and is SET at No BOND (Felony Only)
DATE SIGNED OCT 1 - COURT /
Page 2 of 2 Cause No.
THE STATE OF TEXAS V. , AJKJAJ
District Court / County Criminal Court at Law No.
OATH OF APPOINTED ATTORNEY ON APPEAL
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
Attomey-at-Law (Signature) BAR Number / SPN
Address City / State / Zip
Phone FAX
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Hams County, Texas
Page 3 of 3 m THE STATE OF TEXAS Cause No. /Mm7ÿ" IN THE DISTRICT COURT
v.
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* IJudge ofjhtf trial court, certify this criminal case: is not a plea-bargain case, and the defendant has the right of appeal, [or] [~~| 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] d is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] d is a plea-bargain case, and the defendant has NO right of appeal, [or] d the defendant has waived the right of appeal.
- i za\s 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 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 addresgjmiay lose the opportunity to file a pro se petition for discretionary review.ÿ
Jefepdm:
Mailing Address: _ 7 Defendant's Counsel 7 State Bar of Texas ID number: X Telephone number: Mailing Address: llol frJclU Iftk f\ Fax number (if any): Telephone number: FILED Chris Daniel Fax number (if any): District Clerk * “A defendant in a criminal case has the right of rules The tnal court shall enter a certification of the defendant's right to appeal in every case in which lfnpÿs 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 conrStSÿSStÿtÿÿgtshment did not exceed the punishment recommended by the prosecutor and agreed to by the Hp.fenHaSyÿa defendant mav appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (B) after getting the tritffÿo&rfs permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(aX2). CAUSE NO.: HMM- PAUPER’S OATH ON APPEAL ¥ THE STATE OF TEXAS 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 respectfully petitions the court to: (check all that apply) B Appoint appellate counsel to represent him. Asks the court to order that a free repofthb# >rovided to him.
DEFENDANT SUBSCRIBE to beforcÿmeÿthis /ÿTÿd 20 /S Chris Daniel District Clerk OCT - 1 201b ry DISTRICT CLERK Time:. A_DlSTRICT COURT Harris County, Texas [S COUNTY, TEXAS
Deputy ORDER On 10- ACT the court conducted a hearing and found that the defendant is indigent.
¥ The court orders that tVlt| \Q{~ is appointed to represent defendant/appellant on appeal. M The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. Iti this court mail a ctfpy of the ordep'tfftFte court reporter: _, by certifigd-mail return receipt requested.
m PRESIDING HARRIS COUNTY, TEXAS COURT x
AFFIRMATION WWu Milk r , 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 appropriate action as deemed necessary. Y)AttukdM YVUH(A _ 3M0 ATTORNEY/SIGNATURE) BAR/SPN NUMBER § 2-A \ 0 (xHvMTvtAtACU ( MUrrVwrt \ _ V ATM CITY “SWE AX ZIP ADD>RESS <\
PHONE FAX NUMBER ( * CO/vn O EMAIL ADDRBSS ] U
SWORN TO AND SUBSCRIBED BEFORE ME ON /00Z46" DEPUTY DISTRICT CLERK (siÿ DISTRICT CLERK APPEAL CARD | (-30-15 Cause No. , .
The State of Texas
c Date Notice \D-ÿ Of Appeal: OCT-12BtS Presentation: Vol. Pg..
Judgment: Vol. Pg-.
Judge Presidin Court Reporter Court Reporter _ "
Court Reporter _ Attorney on Trial
Attorney y on Appeal
Appointed Hired
Offens
Jury Trial: Yes No
Punishment Assessed _ Companion Cases (If Known) _ Amount of Appeal Bond
Appellant Confined: Yes No
Date Submitted To Appeal Section OCT - 1,2015 Deputy Cle IS