01-15-00979-CR CHRIS DANIEL & 8 HARRIS COUNTY DISTRICT CLERK
FILED IN 1st COURT OF APPEALS November 10, 2015 HOUSTON, TEXAS 11/23/2015 9:27:50 AM DAUCIE SCHINDLER CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 1201 FRANKLIN ST., 13™ FLOOR HOUSTON, TEXAS 77002
Defendant’s Name: MILTON ROLANDO PAZ
Cause No: 1296569
Court: 351st DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 11/02/2015 Sentence Imposed Date: 10/29/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAUCIE SCHINDLER Pauper's Oath 11/03/2015
Sincerely,
/sf K Salinas Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
GINA BENCH (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.
THE STATE OF TEXAS
M r’/j/cM /ql. h District Court / County Criminal Court at Law No. 2 -5*f ijfarht* Harris County, Texas _ & 33 U w NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAH> COURT: c<£ % On j 0-ÿ/5 (date), the defendant in the above numbered and styli % NOTICE OF APPEAL of his conviction.
- The undersigned attorney (check appropriate box): 'ÿ MOVES to withdraw. 9XADVISES the court that he will CONTINUE to represent the defendant onappeal. itt -2ÿ~= Date Attorney (Sigt
M1 t t3 V\ _ " j Defendant (Printed name) Attorney (Printed nÿme) State Bar Number / jl Address •"Tgq— / Telephone Number The defendant (check all that apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. (yÿASKS the Court to ORDER that a free record be provided to him. ASKS the court to set BAIL.
. 'N _Accordingly, Ap pellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested n liW.
— I /( l M. Defendant ISignaflilÿ Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON HQ\1 D 2 2Bti By Deputy District Clerk of Harris County, Texas
http://hcdco-intranet/Crimina!/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Page I of 3 06/01/06 ORDER
On NOV 02 2015 the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time. IS indigent for the purpose of employing counsel
--- paying 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 motion to withdraw is GÿANTEp / 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. 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. DENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: // JUDGE PI y/*p ___ IG.
COUNTY CRIMINAL COURT AT LAW NO. 7 MOV 01 2015
HARRIS COUNTY, TEXAS .
f
/
iv .
hnp7/hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3 06/01/06 Cause No.
THE STATE OF TEXAS IN THEÿ, ICT COURT
v. P.2, , Defendant COUNTY CRIMINAL COURT AT LAW NO.
HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: 0 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] 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] is a pleai-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.
NOV 02 2015 Judge 7ÿ 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, use of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I maWlose the opportunity to file a pro se petition for discretionary review.
ZJ1ML*4 AgTT- Defendan Defendant's Counsel
Mailing Address: _ State Bar of Texas ID number: Telephone number: Mailing Address: Fax number (if any): as a,str>otc\ 5 2 20ft Telephone number: '~?l 3- ~7£ fiy. Fax number (if any):
* “A defendant in a criminal case has the right of aÿjjeaTuriat 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.: OFFENSE: THE STATE OF TEXAS DISTRICT COURT
VS. OF
T fa /A±i. HARRIS COUNTY, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES /’/t. 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) Appoint appellate counsel to represent him. m Asks the court to order that a free record be provided to him.
DEFENDANT CuAA SUBSCRIBE] mo before me, this. _day of W0V 0 3 201$ A.D., 20 /£_ SKhsa _ qjr NOV 0 3 2015 DEEUTY DISTRICT CLERK DISTRICT COURT [S COUNTY, TEXAS Deputy ORDER On NOV 0 3 2015 the court conducted a hearing and found that the defendant is indigent.
K The court orders that -flCr (jQ defendant/appellant on appeal. I I kZ is appointed to represent
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 repeipt requested?"'
JUDGE P 7 IRT HAl COUNTY, TEXAS
AFFIRMATION i,Qau c 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 (SICpATURE) C2HojMhl NUMBER BAR/SPN N
~ )2-ef| Tva ri Lli A ADDRESS
1~7 4M 2.0, STATE ZIP
PHONE FAX NUMBER
U , AI/VTO fDel6 . {\ EMAIL ADDRESS
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01-15-00979-CR CHRIS DANIEL & 8 HARRIS COUNTY DISTRICT CLERK
FILED IN 1st COURT OF APPEALS November 10, 2015 HOUSTON, TEXAS 11/23/2015 9:27:50 AM DAUCIE SCHINDLER CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 1201 FRANKLIN ST., 13™ FLOOR HOUSTON, TEXAS 77002
Defendant’s Name: MILTON ROLANDO PAZ
Cause No: 1296569
Court: 351st DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 11/02/2015 Sentence Imposed Date: 10/29/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAUCIE SCHINDLER Pauper's Oath 11/03/2015
Sincerely,
/sf K Salinas Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
GINA BENCH (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.
THE STATE OF TEXAS
M r’/j/cM /ql. h District Court / County Criminal Court at Law No. 2 -5*f ijfarht* Harris County, Texas _ & 33 U w NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAH> COURT: c<£ % On j 0-ÿ/5 (date), the defendant in the above numbered and styli % NOTICE OF APPEAL of his conviction.
- The undersigned attorney (check appropriate box): 'ÿ MOVES to withdraw. 9XADVISES the court that he will CONTINUE to represent the defendant onappeal. itt -2ÿ~= Date Attorney (Sigt
M1 t t3 V\ _ " j Defendant (Printed name) Attorney (Printed nÿme) State Bar Number / jl Address •"Tgq— / Telephone Number The defendant (check all that apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. (yÿASKS the Court to ORDER that a free record be provided to him. ASKS the court to set BAIL.
. 'N _Accordingly, Ap pellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested n liW.
— I /( l M. Defendant ISignaflilÿ Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON HQ\1 D 2 2Bti By Deputy District Clerk of Harris County, Texas
http://hcdco-intranet/Crimina!/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Page I of 3 06/01/06 ORDER
On NOV 02 2015 the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time. IS indigent for the purpose of employing counsel
--- paying 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 motion to withdraw is GÿANTEp / 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. 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. DENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: // JUDGE PI y/*p ___ IG.
COUNTY CRIMINAL COURT AT LAW NO. 7 MOV 01 2015
HARRIS COUNTY, TEXAS .
f
/
iv .
hnp7/hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3 06/01/06 Cause No.
THE STATE OF TEXAS IN THEÿ, ICT COURT
v. P.2, , Defendant COUNTY CRIMINAL COURT AT LAW NO.
HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: 0 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] 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] is a pleai-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.
NOV 02 2015 Judge 7ÿ 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, use of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I maWlose the opportunity to file a pro se petition for discretionary review.
ZJ1ML*4 AgTT- Defendan Defendant's Counsel
Mailing Address: _ State Bar of Texas ID number: Telephone number: Mailing Address: Fax number (if any): as a,str>otc\ 5 2 20ft Telephone number: '~?l 3- ~7£ fiy. Fax number (if any):
* “A defendant in a criminal case has the right of aÿjjeaTuriat 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.: OFFENSE: THE STATE OF TEXAS DISTRICT COURT
VS. OF
T fa /A±i. HARRIS COUNTY, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES /’/t. 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) Appoint appellate counsel to represent him. m Asks the court to order that a free record be provided to him.
DEFENDANT CuAA SUBSCRIBE] mo before me, this. _day of W0V 0 3 201$ A.D., 20 /£_ SKhsa _ qjr NOV 0 3 2015 DEEUTY DISTRICT CLERK DISTRICT COURT [S COUNTY, TEXAS Deputy ORDER On NOV 0 3 2015 the court conducted a hearing and found that the defendant is indigent.
K The court orders that -flCr (jQ defendant/appellant on appeal. I I kZ is appointed to represent
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 repeipt requested?"'
JUDGE P 7 IRT HAl COUNTY, TEXAS
AFFIRMATION i,Qau c 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 (SICpATURE) C2HojMhl NUMBER BAR/SPN N
~ )2-ef| Tva ri Lli A ADDRESS
1~7 4M 2.0, STATE ZIP
PHONE FAX NUMBER
U , AI/VTO fDel6 . {\ EMAIL ADDRESS
SWORN TO AND SUBSCRIBED BEFORE ME ON NOV 0 3 2Q15 DEPUTY DISTÿCTCLERK (SIGNATURE) DISTRICT CLERK APPEAL CARD
'P IJJ? Cause No. /ZVCSFT**f
The State of Texas Vs n M iLTOr* /-OMWPQ Date Notice Of Appeal: _ m U 2 2015 Presentation: Vol. Pg..
Judgment: Vol. Pg-.
Judge Presiding, Lesufc SMES Court Reporter, Q, \M genc* Court Reporter, Court Reporter,
Attorney on Trial_ AUieÿ OPTVZ, Attorney on Appeal. "T° %Z ’bevqzrt\rirt>
Appointed \/'Hired Offense C'ÿPlT/fl—
Jury Trial Yes S No Punishment Assessed _ l\fz *rt>c winter
_ Companion Cases (If Known)
Amount of Appeal Bond.
Appellant Confined: Yes No \t)A Date Submitted NUV 0 2 20 IS To Appeal Section
Deputy Clerk