Michael W. Peters v. State

Opinion

01-15-00130-CR

CHRIS DANIEL

HARRJS.COUNTY DISTRICT CLERK

FILED IN

February 10,2015 1st COURT OF APPEALS HOUSTON, TEXAS

2/12/2015 10:58:04 AM

HONORABLE STACEY W. BOND CHRISTOPHER A. PRINE

176TH DISTRICT COURT . Clerk HARRIS COUNTY HOUSTON, TEXAS

Defendant's Name: MICHAEL W. PETERS

Cause No: 1413407

Court: 176TH DISTRICT COURT

Please note the following appeal updates on the above mentioned cause:

Defendant's Notice of Appealon motion only- filed date: 02/09/2015 Ruling Made: 0110812015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

sl Naomi Salinas Criminal Post Trial Deputy .

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

. , .

This is your notice to inform anY and all substitute reporters iIi this cause.

1201 Franklin P.O. Box 4651 Houston, Texas 77210-4651

Cause NO.1 y/3L/fJ '7 THE STATE OF TEXAS

~~G\~\ ~-kr~AI _ _ __

\1 istrict Court / County Criminal Court at Law No. _ __

Harris County, Texas

NOTICE OF ApPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

FILED ~hrjs Daniel

_ D,strict Clerk On reb. q -_ ~!) 15" . '.

(date), the defendant in the above numbered and ~ cays~g~ves .

NOTICEOF ApPEAL of his ~. ~r\\-uk. r-I\o\'\a", to 5~((.~:S ;> Tlme:_ LU15

The unjersigned attorney (check appropriate box):

rJ!' MOVES to withdraw. I:l AOVISESthe court that he will CONTINUE to represent the '

FEB· ~ ~iJ d/"1/I(.

Date

, Defendant (printed name)

State Bar N u~r ? f -:J / (' . I j:/; 1>5~1 ., 118 1()'~ f<I ~ triJS Address --1

{I '5. -[-z.L(. (/(1,:5 Telephone Number

The defendant (check all that apply):

~ REPRESENTS to the court that he is pres~ntly 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 (Sig~ature) Defendant'~Printed naine

SWORN TO AND SUBSCRIBED BEFORE MEON fEB - 3 1t~J C) /9/1 5 By Deputy District Clerk of Harris County, Te~_----\-v-pllc:...,.,.AL~~---~,-, ~----'-_ _---'~,......,.._ _ _ _~

. RECORDER'S' MEMORANDUM

C:\Users\rriindy,ochsner\Desktop\Notice of Appeal (2,pages-wout Affirrnation}.doc , Thl8lnstrument Is of poor quality Page I of2 1/09108

at the time of imaging

ORDER

t---L..!_q_. . .

On __ f,---I_5 __ the Court conducted a hearing and FINDS that defendant / appellant I:] IS ~~indigent at this time. bYiS indigent for the purpose of I:] employing counsel I:] p~for a clerk's and court reporter's record. ~mploying counselor paying for a clerk's and court reporter's recorq.

The Court ORDERS that ~:nsel's motion to withdraw is GRANTED / DENIED. o Defendant / appellant's motion (to be found indigent) is DENIED. ~iendant's / appellant's motion is GRANTED and o . (attorney's name & bar card number)

~POINTED 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:

o SET at $ _ _ _ _ _ _ _ _ _ __ o T~NTfNUE as presently set. . . O>--DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: -_=-~-10-1~/;_1_:;;-·/_--

U~E PRESIDING, . ~~ISTRICT RT / COUNTY CRIMINAL COURT AT LAW No. __, HARRIS COUNTY, TEXAS

C:\Users\mindy.ochsner\Desktop\Notice of Appeal {2 pages-wout Affirmation).doc Page 20f2 1/09108

.' .

Cause No. 141340701010

THE STATE OF TEXAS IN THE 176TH DISTRICT COURT

v.

HARRIS COUNTY, TEXAS

MICHAEL PETERS, Defendant TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT'OF ApPEAL*

I, judge of the trial court, certify this criminal case:

D is not a plea-bargain case, and the defendant has the right of appeal. [or] fiJ 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 righ~ of appeal. [or] D the defendant has waived the right of appeal.

JAN - 9 2015

Date Signed

Defendant '~~unsell

Mailing Address:

Telephone number: Z 1f /- 3 ['1- 2./9 b Mailing Address:

Fax number (if any): ~Jt ED Telephone number:

. Chris Daniel

District Clerk Fax number (if any):

. ).\ N Q- 20\5 * "A defendant in a criminal cas~llas the right of a e nder these rules. The trial court shall enter a certification of the defendant's right to appeal in everyr~:jn. . I lr~ment 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 CQlUend~re-and the punishment did not exceed the punishment recommended by the prosecutor and agreed t@oy-{he"defeiidant":;-~'defendant may appeal only: (A) those matters that were raised by a written motion filed and ruled on before trial, or (8) after getting the trial court's pennission to appeal." TEXAS RULES OF ApPELLATE PROCEDURE 25.2(a)(2).

Judgment: Vol._ _ Pg.,~~

Judge Presiding S~ IA} &1tot Court Reporter_ _ _ _ ' _--:--_ _ __ Court Reporter____...._ _ _ _ _ _ _ __ Court Reportei'_ _ _ _ _ _ _ _ __

Attorney\D \\ on Trial \ \w, nf,..Uri n 1'\1\'\ \' r;h C

\~

Attorney \ l ,\(l on Appeal._W!\.,..::, :........L......:.....:._ _ _ _ _ _ _ __

Appointed ----- Ifued ~

Jury Trial: Yes_ _ _ No_-----''-'-

PUDislniteDID/- . j Assessed ~-\O 81:WCv~8 "\X[\\t~ Companion Cases (IfKnown)_ _---,--,_:--_ _ _ _~-

Amount of , Appeal Bond 0~ ()I-.J

K\

--------~--

Appellant Confmed: Yes~, ___, _ _ No_ __

Date Submitted ") To Appeal sec~o~ I '

(;J1 S

I

Deputy c~~[]-=-"'"4A-ln&G-, - ---r

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