Monica Iunice Lopez v. State

• Court: Court of Appeals of Texas
• Decided: December 17, 2015
• Docket: 12-16-00043-CR
• Status: Published

Opinion

CJLSP. :JVO: :Jvl(]31239828CJ FILED IN :Nfl:M.P,: £0PEZ,:M.O:NIC}1. IV:NICE 5th COURT OF APPEALS DALLAS, TEXAS 12/17/2015 4:06:56 PM LIZ :M.}1.lJ'Z, C£P.(](1( LISA MATZ COV(](~OP}1.~}1.LSPO(](~P, Clerk PFFTJ{SV(f!

(]3y: CR.,pwe :M.. (](amos (])eputy C(erft 214-653-5753 NO.

THE STATE ·oF TEXAS § IN THEI"CUNTY CRIMINAL COURT § . ~' . vs . . .§ ---.!::...-....;..__ _ _ _ _ _ OF

2/of!iOt Lora § •§ .DALLAS .COUNTY, TEXAS

'MOTI0.!\1 ·-FOR ·NE-W .TR!AL co -< oC'"'l ~~ - (,11 . I r- c en To the -Honorable .Ju~ge . o!' sa~d . Court: __ _. _ _ . . ~;·· ;l ":2:} gf =· . rr1

·Comes .now the -Defendant in the above style~ and numbered call!$-.an£t,bv . . . . :<:.c. U) . . . :::: ~0 (1'1

·the ver:dict·is ·co~trary to .the law .-and evi~ence . ~ ·(/len

efendant

/

ORDER

On t his the _ _ da·y of -- - - -- - -- , 199_._ , came to be heard the

Defendant' s Motion For New -r:r.ial. !he JudQe. having hea:rd and considered the

same, here_ b y find ·t hat the moti~n --i~ :

_ _ DENIED.

_ _ GRANTED.

Judge, County Criminal Court _ _ __ Revised 11/1/93 Pallas, Tex as Form No. M-430 Trial Court No. MB 1239828-G Court of Appeals No. 6 The State of Texas In the County Court # 6 v. LOPEZ, MONICA IUNICE of Dallas County, Texas

DOCKETING CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL IN COURT OF APPEALS The Records of my office show that:

(I) The Defendant named above was convicted in this court of the offense of: DWI (2) The Honorable ANGELA KING presided at the trial. (3) The state is represented by LAKESHA SMITH (4) The Defendant is represented by:ASHKAN MEHR YARI,972-789-1664,212 W. SPRING VALLEY RD. RICHARDSON,TEXAS 75081.BAR NO. 24068608 (5) Defendant's Counsel was:Retained ~Appointed 0 Pro SeD (6) The sentence imposted was 09117/15 (7) The sentence did ~ did not 0 follow a plea bargain after a plea of guilty or no contest was entered before the court. (8) The sentence was imposed or suspended on 09117/ 15. (date) (9) A motion for new trial was ~(date 09117115) was not 0 filed. ( I 0) The date notice of appeal given: 11/06/1 5 ( II ) Defendant is in jail 0 or on $ bond. ( 12) Defendant has 0 has not ~ been declared unable to pay costs. ( 13) The court reporter who reported the evidence was:TRISHA PHILLIPS 133 N RIVERFRONT BLVD DALLAS, TX 75207(Name & Address) (14) If two or more cases were tried together (same defendant) list case numbers only: . If companion case, list docket number & defendant's name: (Note: Send separate certificate for eash case appealed)

Witness my hand this 06 day ofNovember, 2015

C crk of the County Criminal Court #6 Of Dallas County, Texas By:KRISTI TORRES Deputy NO. M1239828

STATE OF TEXAS § IN THE COUNTY CRIMINAL § v. § COURT NO.6 § MONICA LOPEZ § Defendant § DALLAS COUNTY, TEXAS

DEFENDANT'S NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT: cJ)

\ Oo " t~t ~ - (}\

Now comes MON ICA LOPEZ, Defendant in the above styled and numbe\~d c'..n.iEt, a~ ~{- i - -:;:;." -"0 gives this written notice of appeal to the Court of Appeals ofthe State ofTexas (5 ~~t ~ , "_.pJ N ::::1 rn- ' •• Court of Appeals at Dallas, Texas) from the judgment of conviction and sentence h~in ~~ .::_ ~

By: -+--r---~--~~~~------ ~ ASH EHRYARI Texas Bar No. 24068608 MODJARRAD I ABUSAAD I SAID LAw FIRM 2 12 W. Spring Valley Rd. Richardson, Texas 75 081 Tel. (972) 789- 1664/Fax. (972) 789- 166 5 amehryari@modjarrad.com

CERTIFICATE OF SERVICE I certify that on the June 13, 20 15, a true and correct copy served on the Office of District Attorney of Dallas County, th assigned to Court Criminal 6 via hand delivery.

Notice of Appeal Page 1 of I Cause No.

THE STATE OF TEXAS § IN THE COUNTY CRIMINAV

vs.g Ltfu § § COURT NUMBER _ _ _tJ DALLAS COUNTY, TEXAS __ _

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*

I, Judge of the trial court, certify this criminal case: 0 ~ot a plea-bargain case, and the defendant has the right of appeal, [or] qy/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, f.Pr] ~? Ui ~o ::·· 0 is a pJea-bargain case, but the trial court has given permission to appeal, ~d fi~d~pdant lift~· -.:; the right of appeal, [or] \~i :J;:: ::; 0 is a plea-bargain case, and the defendant has NO right of appeal, [orl :. ~ ~ ig:t 0 the defendant has waived the right of appeal, [or] ·~ ~-:·:. ~ ~~ ;. ""J ">(~ -- 0 oth r (please specify): I ·:: :. fa~, N

q 117/r'f' <

Date Signed

I have received a copy of this certification. I huve also been informed of my rights concerning any appeal of this criminal case, including any right to file a prose 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' judgment and opinion to my last known address and that I have only 30 days in which to file a pro ,\·e petition for discretionary review in the Court of Criminal Appeals. Tex. R. App. P. 68.2. 1 acknowledge that, if J wish to appeal this case and if I am entitled to do so, it is my duty to infonn 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 a ellate deadlines, if I fail to timely inform my appellate attorney change in my address, I may Jose th n ity to file a pro se petition for discretionary review.

Defendant's IJ_,\.Jig,&.J,O-

State BarN .: Mailing A ress: JJ ~l ~?A

Telephone #: Fax # (if any): Telephone#: 2/~; 7!/l- i((( Fax # (if any): * A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of lhc defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. Jn a plea bargain case- --- that is, a cuse in which a defendant's ph::a was guilty ur 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 written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal.'' TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).