Richard Charles Owings, Jr. v. State

Court of Appeals of Texas

Richard Charles Owings, Jr. v. State

DecidedFebruary 12, 2015

Docket01-15-00132-CR

StatusPublished

This text of Richard Charles Owings, Jr. v. State (Richard Charles Owings, Jr. 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.

Bluebook

Richard Charles Owings, Jr. v. State, (Tex. Ct. App. 2015).

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Opinion

CHRIS DANIEL 01-15-00132-CR HARRIS COUNTY DISTRICT CLERK

FILED IN February 9, 2015 1st COURT OF APPEALS HOUSTON, TEXAS RANDALL J. AYERS 2/12/2015 11:04:56 AM . ATTORNEY OF RECORD CHRISTOPHER A. PRINE P.O. BOX 1569 Clerk HOUSTON, TX 77251-1569

Defendant's Name: RICHARD CHARLES OWINGS, JR.

Cause No: 1454997 ND Court: 262 DISTRICT COURT

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

Notice of Appeal Filed Date: 2/4115 Sentence Imposed Date: 214/15 Court of Appeals Assignment: First Court of Appeals Appe~1 Attorney of Record: RANDALL J. AYERS

km~ OL~ES Criminal Post Trial Deputy

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

MATTIE KIMBLE (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. /..It b--,2f f f 7 THE STATE OF TEXAS

:Klcl,r~ OWIf'J,}f ~AooAl....:..______---,-__

..2 C 2- District Court / County Criminal Court at Law No. _---,_ Harris County, Texas

NOTICE OF ApPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On 2 - dt· IS- (date), the defendant in the above numbered and s~led cause gives NOTICE OF ApPEAL of his conviction. '

The undersigned attorney (check appropriate box): . CJ MOVES to withdraw. CJ ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date ~tJ.~ Attorn{y (Signature) .

k'~yl tJ -e(1. f 2. Attornef(Printed name) FILED Chris Daniel 2J17'13CJa State Bar Number District Clerk / ~c, 0 ( £' .A. t:t 7- 111 ,FEB 0 4 2015 Address llme:'---:-:Ha-r-:-rI6-c:;:-o-u~nt::-Y.-:;T;:-ex::-::a~6-- .2 ~I- 5 ~ 0 0 l?b a BY_ _ _"""'"'""::---=--_ _ _.... T.eelephone Number . . Deputy The defendant (check all that apply): CJ REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. CJ ASKS the Court to ORDER that a free record be provided to him.

o ASKS the court to set BAIL. Acc rdingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting ere sted relie

SW RN TO AND SUBSCRIBED BEFORE ME ON --,~+-::.....-r-""""",!:5-~I>-"'TIM'i---------

By Deputy District Clerk of Harris County, Texas - - 7 f - . f - ' - . r - - - - ? 7 L - - - - - - - - - - ' ' - - - - - -

http://hcdco-intranet/Criminal/Criminal Courts/sops and Fonns Library/Criminal FonnslNotice of Appeal (2 pages-without Affinnation).docPage I of2 1/09/08 ~ -',

ORDER , fEB .4 ?,015 I . On _-,---,-,,_ _ _L'_ _ the Court conducted a nean,ng and '}\NDS 'that'defend'ant / appellant I'

o JS NOT indigent at this time. . '\ '_' ri'IS indigent for the purpose of - .:..·.1 .

lY'€mploying counsel . /'. . ct'yaying for a clerk's and court reporter's record. nemploying counselor paying for a clerk's an~court reporter's record. The Court ORDERS that . /' . ~unsel's motion to withdraw is dRANTED / DENIED. o Defendant / appellant's motion (to be f6und indigent) is DENIED. ~Defendant's / appellant's motion is GRANTED and tJ (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. o The COURT R:EPORTER is ORDERED to prepare and file the reporter's record without charge to defendan~;' appellant,: " '" \ BAIL IS: o SETM$-=~~~~_~~____

o To CONTINUE as presently set. ~DENIED and is SET atNo'.BoND. (Felony Only) -. _".,--,Pi8-='-'--,"';'--=:~=-:W5!=.!' DATE SIGNED: ____ ~;--'--"'--~

. JUDGE PRESIDING, ~~ICTCOURT / COUNTY CRiMINAL COURT AT LAW No. _ _, HARRIS COUNTY, TEXAS

,.

http://hcdco-intranetlCriminallc:riminal Cou~SOPs and Forms Library/Criminal FormslNotice of Appeal (2 pages-wi'thout Affirmation).docPage 2 of 2 1/09/08 . l~uI2~5 -/~6; t~"'6 a_ Cause No.

THE ST ATE OF TEXAS j ~-!>---~-~---:T::--HE"""'""')1.(1l!DISTRICT COURT v. 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: ~ is.not a plea-bargain case, and the defendant has the right of appeal. [or] D 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 right of appeal. [or] D the defendant has waived the right of appeal.

JUdgeat/~ JAN 30 2015 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 ofthe 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 Criminal 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

Chan7Y unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any address, I may lose the opportunity to file a pro se petition for discretionary review.

, ~vr~+~i~ ----~~~~~~~--------~~~-------- 7 . Defendant's Counsel ~/t-Z73DO State Bar of Texas ID number:

Telephone number: -~---'-------...",-,f'--..:::-.-I...-+-a<-----,~ Mailing Addres6Z2 t 7171 l'i C6 Fax number (if any): Telephone num~ 8t· 5.~2'" vo ~ Fax number (if any): - * "A defendant in a criminal case has the right of ap.., I 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 def~ndant 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 2S.2(a)(2).

9/1/2011 CLERK PAUPER'S OATH ON- APPEAL CAUSE NO,: HSLI qq1- AFFENSE: ~ Ju.c.Wc!; THE STATE OF TEXAS (){);) DISTRICT COURT

VS. OF

e:Ghru::d ~ OaJ~/cr HARRIS COUNTY, TEXAS

TO THE HONORABLE mDOE OF SAID COURT: NOW COMES ~C, O~(ns ,defendant in the above styled and numbered cause, and states under oath that he is without fun s, p perty or income. The defendant respectfully petitions the court to: (check all that apply) )( Appoint appellate counsel to represent him. )( Asks the court to order that a Zrdt'?'b~......--

SUBSCRIBED A~ ~f¥.tE0Dfore_me, this--,....:::~ Chris Daniei District Clerk

FEB 0 5 2015 Harris County, Texas

Deputy ORDER On ~ 51 2.0 IS the court conducted a hearing and found that the defendant is indigent. ~ The court orders that _ 1JrNtAu..r-Iti6Ae~ is appointed to represent /

~- / ' defendant/appellant on appeal.

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