Rigoberto Monrroy v. State

Opinion

CHRIS DANIEL

4Sk HARRIS COUNTY DISTRICT CLERK

01-15-00644-CR

FILED IN

July 22, 2015 1st COURT OF APPEALS HOUSTON, TEXAS

JANI MASELLI WOOD 7/28/2015 2:20:18 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE Clerk

1201 FRANKLIN ST, 13™ FLOOR HOUSTON, TX 77002

Defendant’s Name: RIGOBERTO MONRROY

Cause No: 1445254

Court: 228™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 7/17/15 Sentence Imposed Date: 7/17/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JANI MASELLI

Sincerely,

Stocks S. NORRIS Criminal Post Trial Deputy

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

LISA MILLS (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

i X Cause No . tf-fLfj THE STATE OF TEXAS

0 to /

h

District Court / County Criminal Court at Law No.

_ Harris County, Texas _ .

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On i /n/2o>* NOTICE OF APPEAL of his conviction.

(date), the defendant in the above numbered and styled cause gives

The undersigned attorney (check appropriate box):

MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date Attorney (Signature)

. A-..

Attorney (Printed name)

District Clerk

JUL 1 7 2015 State Bar Number Time:.

Harris County, Texas

P-3o<S gUL-L4 J7-/4 .TK Address

By.

Deputy ST g- e 2 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. 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.

vl~Q _ RiÿWk TV) or)

defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Noticc of Appeal (3pages-w AtTinmation).docx Page 1 of 3 06/01/06

ORDER

On cornea

IS NOT indigent at this time.

the Court conducted a hearing and FINDS that defendant / appellant

W\S indigent for the purpose of CTemploying counsel 9'payjng for a clerk’s and court reporter’s record. [ÿemploying counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that cÿCounsel’s motion to withdraw jÿGRANTÿb /DENIED.

Defendant / appellant’s motion (to be found indigent) is DENIED.

*ar/Defendant’s / 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 $ 0<X>.

To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: cfh ws JUjXjE'PRESIDING,

DISTRICT COURT /

COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

http://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

_ Harris County, Texas _ district Court / County Criminal Court at Law No.

flffc/Di __ _ OATH OF APPOINTED ATTORNEY ON APPEAL

I.|j| i\)o-»_ t Attorney at Law, swear or affirm that 1 will be solely responsible for writing a brief and representing the appellant on appeal. If 1 am not able to perform my duties as appellate counsel, 1 will notify the Court immediately so that the Court may take the appropriate action as deemed necessary.

odTVwrJicntJhÿ

Attomey-aMJaw (Signature) BAR Number / SPN

Address City /State /Zip

Phone FAX

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 3 of 3 06/01/06

PAUPER’S OATH ON APPEAL

CAUSE NO.: NU,S 251/ OFFENSE: pÿ5 u AirPg-ÿ M/* (

THE STATE OF TEXAS rzgg DISTRICT COURT VS. OF Rltj oloZ'tiJ-Q fV)orvraUj HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT: 'Zÿ

NOW COMES Rtgrtbe/io _, 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)

0 , Appoint appellate counsel to represent him.

d Asks the court to order that a free record be provided to him.

GnJ)p v4n hAn'nvv'V 1/ DEFENDANT

SUBSCRIBED AND SWORN to before me, this. day of A.D., 20.

DEPUTY DISTRICT CLERK TZÿLSjflSTRICT COURT HARRIyCOUNTY, TEXAS

ORDER

On the court conducted a hearing and found that the defenaanÿ&jÿmÿÿÿÿ'

The court orders that is appointed to represent defendant/appellant on appeal. 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/opy of the onjeftothe court reporter:

lOA 1 L4J3 _ , by certifipdÿraul return receipt requested.

Assistant Public Defender CTiv) i /Y)a<r&'Ci\ Bar » SPN » _ ocs, .

HCPD

£ÿcH)cjS'

UD6E PRESIDING ?JFÿDISTRICT COURT [ARRKCOUNTY, TEXAS

AFFIRMATION

i. Cfo*, I\AMU 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 appropriateaction as deemed necessary.

53 79/;*77

ATTORNEY//SIGNATURE) BAR/SPN NUMBER

| 2ÿo)

ADDRESS

113 *2-7 67ÿ

b/jp (3

V CITY STATE ~~) *2 DOÿ

ZIP —

PHONE FAX NUMBER tf/1 i' 0ÿ EM; ADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON _ DEPUTY DISTRICT CLERK (SIGNATUREÿ 2N

DISTRICT CLERK

s THE STATE OF TEXAS Cause No. 1445254

IN THE 228 DISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

MONRO Y, RIGOBERTO , Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case:

m 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 | 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 plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waivpdThe right of appeal.

Judge Date Signed s-f1 . x C

I have received a copy of this certification. I have also been informed of my Vigils ioncafliagÿany appeal of go**

this criminal case, including any right to file a pro se petition for discretionary Ssview puÿu&itPro Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my attomejÿufnm&iJ ay® if the court of appeals's judgment and opinion to my last known address and that I have only 3D d|Vs aft vArch I file a pro se petition for discretionary review in the court of appeals. TEX. R. APP. P. 68.2 HacjUiowledge t t, if I wish to appeal this case and if 1 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 cnange 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 discretionary review.

obe y-k fifonuroy -

Defendant Defendant's Counsel

Mailing Address: _ State Bar of Texas ID number: OT-T *ÿ/ £ 7- Telephone number: Mailing Address: 210C t,iJr.USL.nn Fax number (if any): Telephone number: (hi i?r Fax number (if any):

* “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).

APPEAL CARD I% Court c\-\S'-l 5

Cause No,

zzg>

The State of Texas

Date Notice Of Appeal: . OFh<H«" Presentation:

Judgment:

_ Vol.

Vol.

Pg-.

Pg..

Judge Presiding. tn CAergg-, Court Reporter_ L micig, Court Reporter_ Court Reporter_

Attorney on Trial_

Attorney on Appeal . taMI lAJoof)

Appointed L-ÿTfired

Offense Pbsÿuj) i NHrDt5Ll~ fe Jury Trial Yes No

Punishment Assessed _ _ M/Ar

Companion Cases (If Known)

Amount of Appeal Bond. L0Q£z Appellant Confined: Yes 1/No

Date Submitted To Appeal Section

Deputy Clerk