Robert Lee Tinsley, IV. v. State

• Court: Court of Appeals of Texas
• Decided: August 4, 2015
• Docket: 01-15-00668-CR
• Status: Published

Opinion

01-15-00668-CR CHRIS DANIEL § HARRIS COUNTY DISTRICT CLERK

FILED IN July 30, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE DENISE BRADLEY 8/4/2015 3:52:45 PM 262ND DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk

Defendant’s Name: ROBERT LEE TINSLEY IV

Cause No: 1453002

Court: 262nd DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 7-30-15 Sentence Imposed Date: 7-30-15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

:rely,

X Arriaga ( J Criminal PostJTnal 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 K7£ Cause No.

THE STATE OF TEXAS V. Kobfig'K'n AS! A/KJAJ a District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On "7 j-ioi'Z (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box): MOVES to withdraw. P"" ADVISES the court that he will CONTINUE to represent the in appeal.

1 /5" lÿ Date Ai ture)

Defendant (Printed name) ///?3 Attorney c ir\(rT5llGMA (Printed name)

State Bar Number

Address fU>±GLb<ÿ -no. '2*$A Telephone Number The defendant (check all that apply): FILE© Chris Daniel REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immedtedjiflJpWJFKrr appellate counsel to represent him. JUL 3 0 2015 ASKS the Court to ORDER that a free record be provided to him. Time:. "Harris County, lexas ja'' ASKS the court to set BAIL. \ Deputy \ Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order inting the requested relief.

T/OS.I-£-1 DefendanTfSij ire) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON r\ *0 ?t»5 By Deputy District Clerk of Harris County, Texas

httpV/hcdco-iniranet/Criminal/Criminal Courts/SOPs and Forms Librarv/Criminal Forms/Notioe of Appeal (2 pages-without A ffirmal ion ). docPage 1 of 2 '1/09/08 RECORDER’S MEMORANDUM This instrument is of poor quality at the time of imaging ORDER

On JfliL 30 2B1&the Court conducted a hearing and FINDS that defendant / appellant QÿIS NOT indigent at this time. IS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. employing counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that a'ÿounsel’s motion to withdraw is GRANTED / DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. 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 $ To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: 7- 30-15' JUDGE PRESIDING, ~Lÿ15ISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

hnp://hcdco-imranet/Criminal/Criminal Courts/SOPs and Forms Librarv/Criminal Forms/Notice of Appeal (2 pages-without Affirmation).docPage 2 of 2 1/09/08 nc,30o~i 0ÿ3 ft- Cause No.

THE STATE OF TEXAS IN THE ML DISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge o£*he trial court, certify this criminal case: PT 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 I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] CH is a plea-bargain case, and the defendant has NO right of appeal, [or] FPL i- 30-1r the defendant has waived the right of appeal.

Judge Date Signed * 30 20a 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 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 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.

Defendant's tsel

Mailing Address: Telephone number: PILED State Bar of Texas ID number: Mailing Address: 2-Sr2- / £OJ

* “A defendant in a criminal case has thPÿghrnTappeaRfiWe? these 2Qfi Telephone number: Hwr»sToufWÿ®®*"pÿ number (if any): rules” *3*?/ 'L&\ S*) H O nbS 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 courtls permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2).

CLERK 9/1/2011 APPEAL CARD

Court £ a2- The State of Texas

(?ftbee(- T''ÿskÿv Date Notice Of Appeal:

Presentation: _ Vol. Pg..

Judgment: Vol. Pg-.

Judge Presiding Of AiÿP fo£&dl'~(Lk Court Reporter_ fcivvv bieÿ Court Reporter_ Court Reporter_

Attorney on Trial_ fe&C,'QdJÿX Attorney on Appeal T Appointed Hired. Offense

Jury Trial: i- Yes No _ Punishment Assessed _

Amount of Appeal Bond

Appellant Confined: Yes No

Date Submitted To Appeal Section. J_hÿ£ z1 Deputy Clerk r\K T I Notice of Appeal Card Rev. 9/84 W