01-15-00560-CR CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK
FILED IN June 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS MARK CHARLES KRATOVIL 6/25/2015 11:38:50 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 1201 FRANKLIN, 13™ FLOOR HOUSTON TX 77002
Defendant’s Name: MICHAEL ANTHONY DAVILA
Cause No: 1359876
Court: 351st Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 06/18/2015 Sentence Imposed Date: 06/18/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: MARK CHARLES KRATOVIL Pauper's Oath Filed 6/18/2015
Sim
/s/ N. Salinas Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
TONI GOUBEAUD (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 ;r THE STATE OF TEXAS V. A/K/A/ t 3 SUf District Court / County Criminal Court at Law No.
Harris County, Texas
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On lÿ-ÿaate), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction. ' The undersigned attorney (check appropriate box): 0ÿ MOVES to withdraw. ADVISES the court that he will CONTINUE to represent tire defendant on appeal.
A Date Attorney (Signature)
DefendantjTrinted name) Attorney (Printed name)
Chris Daniel District Clerk 773 & sf State Bar Number
t r*Tb (3*>( JUN 1 8 2015 Time:. Address
By. Harris County, Texas 7/3- >3 7 Dh,- : v Telephone Number The defendant (check all that apply): v/' 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.
Defendant (Signature) Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Harris County, Texas 7
http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages-without Affirmation).docPage 1 of 2 1/09/08 *»
ORDER i''
On LjuJlSZ the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time. OÿflTindigent for the purpose of counsel 2fpaying for a clerk’s and court reporter’s record. counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that aÿCounsel’s motion to withdraw is(ÿRANTÿp / 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 $ _ To CONTINUE as presently set. S-ÿENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: kill 1 M5 PRESIDING, I DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS
http://hcdco-intranet/CriminaI/CriminaI Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages-without Affirmation).docPage2 of 2 1/09/08 Cause No.
THE STATE OF TEXAS IN THE DISTRICT COURT
v. COUNTY CRIMINAL COURT AT LAW NO.
, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: wf 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] 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] I I the defendant has waived the right of appeal.
Judge Ujil Date Signed mz 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 address, I may lose the opportunity to file a pro se petition for discretio review.
Defendant Defendant's Counsel
_ Mailing Address: FILED Chris Daniel State Bar of Texas ID number: £'**&-'(t'A . fo-fa Ff Telephone number: Mailing Address: ( 2o / Fax number (if any): 1 8 2015 Telephone number: -2- 7 tf- (p ~75 7 Time: By. Harris County, Texas Fax number (if any): 7/3- Y> Zz Deputy * “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). PAUPER’S OATH ON APPEAL CAUSE NO.: /3S9& VL OFFENSE: THE STATE OF TEXAS Jo DISTRICT COURT VS. OF
A/h<* /A. < 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) '
L? Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.
IDETCNDANT SUBSCRIBED AN®sfcfeNE> Chris Daniel ©ore me, this.' day of A.D.. 20 Jf7 District Clark JUN 1-8 2015 DEPUTfrTJlSTRICT CLERK Time:. DISTRICT COURT Harris County, TOJHM HARRIS COUNTY, TEXAS By. Deputy ORDER On Gfl/l ) 249/5" the court conducted a hearing and found that the defendant is indigent.
EEi The court orders that is appointed to represent on dfifendant/appellant appeal.
. . C-r
. ........ 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 mail return receipt requested.
JUDGE PRESIDING V ) DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION I, /WÿrK Krx-J-vi/, ) f Pul> l)(P* ) , 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.
ATTORNEY (SIGNATURÿ rt M/D xst f? & BAR/SPN NUMBER
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01-15-00560-CR CHRIS DANIEL HARRIS COUNTY DISTRICT CLERK
FILED IN June 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS MARK CHARLES KRATOVIL 6/25/2015 11:38:50 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk 1201 FRANKLIN, 13™ FLOOR HOUSTON TX 77002
Defendant’s Name: MICHAEL ANTHONY DAVILA
Cause No: 1359876
Court: 351st Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 06/18/2015 Sentence Imposed Date: 06/18/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: MARK CHARLES KRATOVIL Pauper's Oath Filed 6/18/2015
Sim
/s/ N. Salinas Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
TONI GOUBEAUD (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 ;r THE STATE OF TEXAS V. A/K/A/ t 3 SUf District Court / County Criminal Court at Law No.
Harris County, Texas
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On lÿ-ÿaate), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction. ' The undersigned attorney (check appropriate box): 0ÿ MOVES to withdraw. ADVISES the court that he will CONTINUE to represent tire defendant on appeal.
A Date Attorney (Signature)
DefendantjTrinted name) Attorney (Printed name)
Chris Daniel District Clerk 773 & sf State Bar Number
t r*Tb (3*>( JUN 1 8 2015 Time:. Address
By. Harris County, Texas 7/3- >3 7 Dh,- : v Telephone Number The defendant (check all that apply): v/' 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.
Defendant (Signature) Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Harris County, Texas 7
http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages-without Affirmation).docPage 1 of 2 1/09/08 *»
ORDER i''
On LjuJlSZ the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time. OÿflTindigent for the purpose of counsel 2fpaying for a clerk’s and court reporter’s record. counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that aÿCounsel’s motion to withdraw is(ÿRANTÿp / 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 $ _ To CONTINUE as presently set. S-ÿENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: kill 1 M5 PRESIDING, I DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS
http://hcdco-intranet/CriminaI/CriminaI Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages-without Affirmation).docPage2 of 2 1/09/08 Cause No.
THE STATE OF TEXAS IN THE DISTRICT COURT
v. COUNTY CRIMINAL COURT AT LAW NO.
, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: wf 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] 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] I I the defendant has waived the right of appeal.
Judge Ujil Date Signed mz 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 address, I may lose the opportunity to file a pro se petition for discretio review.
Defendant Defendant's Counsel
_ Mailing Address: FILED Chris Daniel State Bar of Texas ID number: £'**&-'(t'A . fo-fa Ff Telephone number: Mailing Address: ( 2o / Fax number (if any): 1 8 2015 Telephone number: -2- 7 tf- (p ~75 7 Time: By. Harris County, Texas Fax number (if any): 7/3- Y> Zz Deputy * “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). PAUPER’S OATH ON APPEAL CAUSE NO.: /3S9& VL OFFENSE: THE STATE OF TEXAS Jo DISTRICT COURT VS. OF
A/h<* /A. < 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) '
L? Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.
IDETCNDANT SUBSCRIBED AN®sfcfeNE> Chris Daniel ©ore me, this.' day of A.D.. 20 Jf7 District Clark JUN 1-8 2015 DEPUTfrTJlSTRICT CLERK Time:. DISTRICT COURT Harris County, TOJHM HARRIS COUNTY, TEXAS By. Deputy ORDER On Gfl/l ) 249/5" the court conducted a hearing and found that the defendant is indigent.
EEi The court orders that is appointed to represent on dfifendant/appellant appeal.
. . C-r
. ........ 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 mail return receipt requested.
JUDGE PRESIDING V ) DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION I, /WÿrK Krx-J-vi/, ) f Pul> l)(P* ) , 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.
ATTORNEY (SIGNATURÿ rt M/D xst f? & BAR/SPN NUMBER
IM EUo/C l,\ ADDRESS _ Plaar CITY 7)r STATE 77JZS ZIP fUZ) OOi fo_ /'713)437-11$2 4 PHONE' FAX NUMBER gA rKtlA. EMAIL ADDRESS iZL * k cjxt. SWORN TO AND SUBSCRIBED BEFORE ME ON _ DEPUTY DISTRICT fcfeElfK (SIGNATURE) DISTRICT CLERK 9 APPEAL CARD O' i'it A
• Cause No.
The State of Texas
Date Notice Of Appeal: .
Presentation: Vol. Pg-.
Judgment: Vol.. Pg-.
Judge Presiding/>ÿ2/ÿ Court Reporter. ;%??/ A/f/tz/yj/ Court Reporter Court Reporter.
Attorney on Trial % Attorney * ' v on Appeal /?2&sA_ )( Hired. Appointed
Offense Zb# /&<#£///
Jury Trial Yes _ No X Punishment Assessed _ 772ÿJ_ _ 7 Companion Cases (If Known)
Amount of Appeal Bond rzg: Appellant Confined: Yes No. Date Submitted To Appeal Section.
Deputy Clerk.