Lee Ray Garcia v. State

Court of Appeals of Texas

Lee Ray Garcia v. State

DecidedMarch 19, 2009

Docket13-08-00394-CR

StatusPublished

This text of Lee Ray Garcia v. State (Lee Ray Garcia 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

Lee Ray Garcia v. State, (Tex. Ct. App. 2009).

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Opinion

CHIEF JUSTICE Rogelio Valdez

JUSTICES Linda Reyna Yañez Nelda V. Rodriguez Dori Contreras Garza Gina M. Benavides Rose Vela

CLERK Dorian E. Ramirez | | Nueces County Courthouse 901 Leopard, 10th Floor Corpus Christi, Texas 78401 361-888-0416 (Tel) 361-888-0794 (Fax)

Hidalgo County Administration Bldg. 100 E. Cano, 5th Floor Edinburg, Texas 78539 956-318-2405 (Tel) 956-318-2403 (Fax)

March 19, 2009

TO ALL ATTORNEYS OF RECORD:

Re: Cause No. 13-08-00394-CR Tr.Ct.No. 05-CR-1688-F LEE RAY GARCIA v. THE STATE OF TEXAS

Dear Attorneys:

The appeal in the above cause was this day DISMISSED by this Court. Copies of the memorandum opinion and judgment are enclosed.

In addition, the appellant’s motion to withdraw as counsel, previously carried with the case, was this day GRANTED.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:sdb Enclosures

cc: Hon. David Fast Hon. Carlos Valdez 214th District Court Hon. Patsy Perez, District Clerk Hon. J. Manuel Banales, Presiding Judge, Fifth Administrative Judicial Region

COURT OF APPEALS

Thirteenth District

Corpus Christi - Edinburg, Texas

Below is the JUDGMENT in the numbered cause set out herein to be Filed and Entered in the Minutes of the Court of Appeals, Thirteenth District of Texas, at Corpus Christi - Edinburg, as of the 19th day of March, 2009. If this Judgment does not conform to the opinion handed down by the Court in this cause, any party may file a Motion for Correction of Judgment with the Clerk of this Court.

CAUSE NO. 13-08-00394-CR (Tr.Ct.No. 05-CR-1688-F)

LEE RAY GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal to this Court from Nueces County, Texas.

* * * * * * *

JUDGMENT

On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance.

July 6, 2009

Hon. Patsy Perez District Clerk Nueces County Courthouse 901 Leopard Street, Suite #313 Corpus Christi, TX 78401

RE: Cause Number: 13-08-00394-CR Tr. Ct. Number: 05-CR-1688-F Style: LEE RAY GARCIA v. THE STATE OF TEXAS DOB: 09/15/79; DPS: N/A; SID: 10089565; Race: Hispanic; Gender: Male

Dear Ms. Perez:

The appeal in the above cause was DISMISSED by this Court on the 19th day of March, 2009. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an acknowledgment to the clerk of the appellate court of the receipt of the mandate. Please review the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of receipt of the mandate and return the same to this office as soon as possible.

Respectfully submitted,

DER:sdb Enclosure

cc: Hon. David Fast Hon. Carlos Valdez

I hereby acknowledge receipt of the mandate in cause no. 13-08-00394-CR this ________ day of _________________, 2009.

District Clerk, ________________ County

By:_____________________

M A N D A T E

TO THE 214TH DISTRICT COURT OF NUECES COUNTY, GREETINGS:

Before our Court of Appeals for the Thirteenth District of Texas, on the 19th day of March, 2009, the cause upon appeal to revise or reverse your judgment between

was determined; and therein our said Court made its order in these words: MINUTES vol/page 20/130

On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Thirteenth District of Texas, in this behalf, and in all things have it duly recognized, obeyed and executed.

WITNESS, the Hon. Rogelio Valdez, Chief Justice of our Court of Appeals, with the seal thereof affixed, at the City of Edinburg, Texas, this the 6th day of July, 2009.

By: ________________________________ DEPUTY CLERK

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CHIEF JUSTICE Rogelio Valdez

JUSTICES Linda Reyna Yañez Nelda V. Rodriguez Dori Contreras Garza Gina M. Benavides Rose Vela

CLERK Dorian E. Ramirez | | Nueces County Courthouse 901 Leopard, 10th Floor Corpus Christi, Texas 78401 361-888-0416 (Tel) 361-888-0794 (Fax)

Hidalgo County Administration Bldg. 100 E. Cano, 5th Floor Edinburg, Texas 78539 956-318-2405 (Tel) 956-318-2403 (Fax)

March 19, 2009

TO ALL ATTORNEYS OF RECORD:

Re: Cause No. 13-08-00394-CR Tr.Ct.No. 05-CR-1688-F LEE RAY GARCIA v. THE STATE OF TEXAS

Dear Attorneys:

The appeal in the above cause was this day DISMISSED by this Court. Copies of the memorandum opinion and judgment are enclosed.

In addition, the appellant’s motion to withdraw as counsel, previously carried with the case, was this day GRANTED.

Very truly yours,

Dorian E. Ramirez, Clerk

DER:sdb Enclosures

cc: Hon. David Fast Hon. Carlos Valdez 214th District Court Hon. Patsy Perez, District Clerk Hon. J. Manuel Banales, Presiding Judge, Fifth Administrative Judicial Region

COURT OF APPEALS

Thirteenth District

Corpus Christi - Edinburg, Texas

Below is the JUDGMENT in the numbered cause set out herein to be Filed and Entered in the Minutes of the Court of Appeals, Thirteenth District of Texas, at Corpus Christi - Edinburg, as of the 19th day of March, 2009. If this Judgment does not conform to the opinion handed down by the Court in this cause, any party may file a Motion for Correction of Judgment with the Clerk of this Court.

CAUSE NO. 13-08-00394-CR (Tr.Ct.No. 05-CR-1688-F)

LEE RAY GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal to this Court from Nueces County, Texas.

* * * * * * *

JUDGMENT

On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance.

July 6, 2009

Hon. Patsy Perez District Clerk Nueces County Courthouse 901 Leopard Street, Suite #313 Corpus Christi, TX 78401

RE: Cause Number: 13-08-00394-CR Tr. Ct. Number: 05-CR-1688-F Style: LEE RAY GARCIA v. THE STATE OF TEXAS DOB: 09/15/79; DPS: N/A; SID: 10089565; Race: Hispanic; Gender: Male

Dear Ms. Perez:

The appeal in the above cause was DISMISSED by this Court on the 19th day of March, 2009. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an acknowledgment to the clerk of the appellate court of the receipt of the mandate. Please review the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of receipt of the mandate and return the same to this office as soon as possible.

Respectfully submitted,

DER:sdb Enclosure

cc: Hon. David Fast Hon. Carlos Valdez

I hereby acknowledge receipt of the mandate in cause no. 13-08-00394-CR this ________ day of _________________, 2009.

District Clerk, ________________ County

By:_____________________

M A N D A T E

TO THE 214TH DISTRICT COURT OF NUECES COUNTY, GREETINGS:

Before our Court of Appeals for the Thirteenth District of Texas, on the 19th day of March, 2009, the cause upon appeal to revise or reverse your judgment between

was determined; and therein our said Court made its order in these words: MINUTES vol/page 20/130

On appeal from the 214th District Court of Nueces County, Texas, from a judgment signed June 10, 2008. Memorandum Opinion Per Curiam. Do not publish. Tex. R. App. P. 47.2(b).

THIS CAUSE was submitted to the Court on March 18, 2009, on the record and the trial court’s findings. The Court, having considered the documents on file, is of the opinion that the appeal should be dismissed. Accordingly, the appeal is hereby DISMISSED.

It is further ordered that this decision be certified below for observance

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Thirteenth District of Texas, in this behalf, and in all things have it duly recognized, obeyed and executed.

WITNESS, the Hon. Rogelio Valdez, Chief Justice of our Court of Appeals, with the seal thereof affixed, at the City of Edinburg, Texas, this the 6th day of July, 2009.

By: ________________________________ DEPUTY CLERK

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Lee Ray Garcia v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-ray-garcia-v-state-texapp-2009.