Michael Anthony Davila v. State
This text of Michael Anthony Davila v. State (Michael Anthony Davila 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.
Opinion
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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Michael Anthony Davila v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-anthony-davila-v-state-texapp-2015.