01-15-00903-CR CHRIS DANIEL 46a HARRIS COUNTY DISTRICT CLERK
FILED IN 1st COURT OF APPEALS October 20, 2015 HOUSTON, TEXAS 10/23/2015 11:47:30 AM WAYNE HILL CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 4615 SW FRWY #600 HOUSTON, TX 77027
Defendant’s Name: ROEL DAVID GONZALEZ
Cause No: 1325154
Court: 177™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 10/16/15 Sentence Imposed Date: 10/12/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: WAYNE HILL
. Sincerely,
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
LINDA HACKER (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. 1325154 S; THE STATE OF TEXAS
V.
ROEL DAVID GONZALEZ h District Court / County Criminal Court at Law No. 177™ _ Harris County, Texas _ NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On 2-0) (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. SÿADVISES the court that he will CONTINUE to represent the defendant on appeal.
Date + T.c'l 'T Attorney"(Signature) C
l isr 1 fendant (Printed name) J y *ÿl Attorney (Printed name) m <ÿ3 & State Bar Number 7** r c« FILED Address
saw* 1V -*7)7— afttfat aipÿill:ÿ Telephone Number The defendant (check REPRESÿNTSTO tHtf gfluforfilft /ie*?s presently INDIGENT and ASKS the court to immediately APPOINT " appellate BgllPirl tn HTmT flÿASKS 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.
Defendant (Signature)ÿ jj Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON 10 (< Q? / rs By Deputy District Clerk of Harris County, Texas _ /)//ÿ http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 paaes-w AfFirmation).docx Page 1 of 3 06/01/06 ORDER
On /9~/Cr* / sT~~ the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. J3jS indigent for the purpose of THCemploying counsel Jÿÿaying 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 motion to withdraw is / DENIED. . Defendant / appellant’s motion (to be found indigent) is DENIED. / appellant’s motion is GRANTED and /ÿ// (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. "grÿThe 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. SÿDENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: vr~ JUDGE PRESIDING,ÿ _ 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 AffirmationJ.docx Page 2 of 3 06/01/06. NO. 1325 (6*4 THE STATE OF TEXAS § IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS jÿgVj Z)- § § JUDICIAL DISTRICT DEFENDANT ' OATH OF INDIGENCE TO THE HONORABLE JLJDGE OF SAID COURT: ,7 The defendant, under oath that he is without funds, property or income. The defendant respectfully asks me Court to appoint counsel to represent him in filing an application for a writ of habeas corpus seeking relief from final conviction under TEX. CODE CRIM. PROC. Chapter 11. The defendant also asks the Court to order that a free record be provided to him.
DEFENDANT 0 SUBSCRIBED Ajg)|WgR]po0fore me, this \(p day of 0 Cjt~ 3009: Z.O iS"- Chris Daniel District Clerk OCT 16 2015 DEPUTY DISTRICT CLERK fiÿRÿ _ Time:_ Harris County, Texas DISTRICT COURT By. COUNTY, TEXAS Deputy
ORDER APPOINTING COUNSEL On the Court conducted a hearing and found that the defendant is indigent.
S’ The Court ORDERS that ne tmi torrepresent the defendant/applicant under TEX. CODE CRIM. PROC. Chapter 11. is appointed
The Court ORDERS the court reporter to prepare and file the reporter’s record without charge to the aefendant/applicant.
(1) (2) _ The Court further ORDERS that the clerk of this court send a copy of this order and the judgment in this case to: the court reporter: the postconviction writs division of the Harris County District Attorney’s Office; and ;
(3) the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711.
The court further ORDERS that above-named counsel and counsel for thlegate appear for a status conference on / e(( JUDGE PRESIDING, ] DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION _ Attorney at Law, swear or affirm that I will be solely responsible for writing an application for writ of habeas corpus and representing the defendant/applicant under TEX. CRIM. CODE perform my duties as habeas counsel, I will immediately notify the Court. CÿÿÿMÿÿIÿmunableÿto Attomey-awLaw (Signature) , . BAR Number / SPN nas Address / (77027) tj&iz 77c '232037 City / State / Zip
Phone FAX
SUBSCRIBED AND SWORN to before me, this JJz day of tOdht , 20 /or & DEPUTY 1 JCTCLERK DISTRICT CLERK Cause No. 132515401010
THE STATE OF TEXAS *.? i > IN THE 177™ DISTRICT COURT
V. COUNTY CRIMINAL COURT AT LAW NO. 9 2015 ROEL DAVID GONZALESÿ HARRIS COUNTY, TEXAS 0<"«K re**r
__ TRIAL COURT’S CERTIFISTHJT DEFENDANT’S RIGHT OF APPEAL* I, judgepflhe trial court, certify this criminal case: E5 is not a plea-bargain case, and the defendant has the right of appeal, [or] 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] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. [
Judge %-X- 0ÿ Date Signed on 2nm
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, 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.
V,
Defendant (J p Couns'ef" Mailing Address: _ State Bar of Texas ID number: YY~) *7 t> > o O Telephone number: Mailing Address: */ - o Fax number (if any): Telephone number: J ~~ WS SJf Fax number (if any): \J Y"~ (ÿOU * “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.
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01-15-00903-CR CHRIS DANIEL 46a HARRIS COUNTY DISTRICT CLERK
FILED IN 1st COURT OF APPEALS October 20, 2015 HOUSTON, TEXAS 10/23/2015 11:47:30 AM WAYNE HILL CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 4615 SW FRWY #600 HOUSTON, TX 77027
Defendant’s Name: ROEL DAVID GONZALEZ
Cause No: 1325154
Court: 177™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 10/16/15 Sentence Imposed Date: 10/12/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: WAYNE HILL
. Sincerely,
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson District Attorney Appellate Division Harris County, Texas
LINDA HACKER (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. 1325154 S; THE STATE OF TEXAS
V.
ROEL DAVID GONZALEZ h District Court / County Criminal Court at Law No. 177™ _ Harris County, Texas _ NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On 2-0) (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. SÿADVISES the court that he will CONTINUE to represent the defendant on appeal.
Date + T.c'l 'T Attorney"(Signature) C
l isr 1 fendant (Printed name) J y *ÿl Attorney (Printed name) m <ÿ3 & State Bar Number 7** r c« FILED Address
saw* 1V -*7)7— afttfat aipÿill:ÿ Telephone Number The defendant (check REPRESÿNTSTO tHtf gfluforfilft /ie*?s presently INDIGENT and ASKS the court to immediately APPOINT " appellate BgllPirl tn HTmT flÿASKS 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.
Defendant (Signature)ÿ jj Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON 10 (< Q? / rs By Deputy District Clerk of Harris County, Texas _ /)//ÿ http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 paaes-w AfFirmation).docx Page 1 of 3 06/01/06 ORDER
On /9~/Cr* / sT~~ the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. J3jS indigent for the purpose of THCemploying counsel Jÿÿaying 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 motion to withdraw is / DENIED. . Defendant / appellant’s motion (to be found indigent) is DENIED. / appellant’s motion is GRANTED and /ÿ// (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. "grÿThe 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. SÿDENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: vr~ JUDGE PRESIDING,ÿ _ 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 AffirmationJ.docx Page 2 of 3 06/01/06. NO. 1325 (6*4 THE STATE OF TEXAS § IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS jÿgVj Z)- § § JUDICIAL DISTRICT DEFENDANT ' OATH OF INDIGENCE TO THE HONORABLE JLJDGE OF SAID COURT: ,7 The defendant, under oath that he is without funds, property or income. The defendant respectfully asks me Court to appoint counsel to represent him in filing an application for a writ of habeas corpus seeking relief from final conviction under TEX. CODE CRIM. PROC. Chapter 11. The defendant also asks the Court to order that a free record be provided to him.
DEFENDANT 0 SUBSCRIBED Ajg)|WgR]po0fore me, this \(p day of 0 Cjt~ 3009: Z.O iS"- Chris Daniel District Clerk OCT 16 2015 DEPUTY DISTRICT CLERK fiÿRÿ _ Time:_ Harris County, Texas DISTRICT COURT By. COUNTY, TEXAS Deputy
ORDER APPOINTING COUNSEL On the Court conducted a hearing and found that the defendant is indigent.
S’ The Court ORDERS that ne tmi torrepresent the defendant/applicant under TEX. CODE CRIM. PROC. Chapter 11. is appointed
The Court ORDERS the court reporter to prepare and file the reporter’s record without charge to the aefendant/applicant.
(1) (2) _ The Court further ORDERS that the clerk of this court send a copy of this order and the judgment in this case to: the court reporter: the postconviction writs division of the Harris County District Attorney’s Office; and ;
(3) the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711.
The court further ORDERS that above-named counsel and counsel for thlegate appear for a status conference on / e(( JUDGE PRESIDING, ] DISTRICT COURT HARRIS COUNTY, TEXAS
AFFIRMATION _ Attorney at Law, swear or affirm that I will be solely responsible for writing an application for writ of habeas corpus and representing the defendant/applicant under TEX. CRIM. CODE perform my duties as habeas counsel, I will immediately notify the Court. CÿÿÿMÿÿIÿmunableÿto Attomey-awLaw (Signature) , . BAR Number / SPN nas Address / (77027) tj&iz 77c '232037 City / State / Zip
Phone FAX
SUBSCRIBED AND SWORN to before me, this JJz day of tOdht , 20 /or & DEPUTY 1 JCTCLERK DISTRICT CLERK Cause No. 132515401010
THE STATE OF TEXAS *.? i > IN THE 177™ DISTRICT COURT
V. COUNTY CRIMINAL COURT AT LAW NO. 9 2015 ROEL DAVID GONZALESÿ HARRIS COUNTY, TEXAS 0<"«K re**r
__ TRIAL COURT’S CERTIFISTHJT DEFENDANT’S RIGHT OF APPEAL* I, judgepflhe trial court, certify this criminal case: E5 is not a plea-bargain case, and the defendant has the right of appeal, [or] 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] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal. [
Judge %-X- 0ÿ Date Signed on 2nm
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, 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.
V,
Defendant (J p Couns'ef" Mailing Address: _ State Bar of Texas ID number: YY~) *7 t> > o O Telephone number: Mailing Address: */ - o Fax number (if any): Telephone number: J ~~ WS SJf Fax number (if any): \J Y"~ (ÿOU * “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). I* APPEAL CARD
Court a-U'i6 Cause No. tTl /3£[j5£ The State of Texas
hoe I i/luAA'rl fto* 2a//>jzÿ \7
Date Notice Of Appeal: J jj)3 . /ÿhlp " \O-0-'6 Presentation: Vol. Pg-.
Pg-.
/fJriO/ Judgment:
Court Reporter *_ J udge Presiding I Wasi !£*. .. H6cJCf)ffc- Court Reporter Court Reporter _ Attorney on Triai_ iÿj/1/1 Ifa
Appointed T- ML Hired
Offense ffl(htf./1Cÿ UJi(k ft. b/tJ Jury Trial: Yes No
Punishment Assessed _t? Ci/tiUSTOC- __I3W53 Companion Cases (If Known)
Amount of Appeal Bond M Appellant Confined: Yes No
Date Submitted . j I . ~ To Appeal Section/ÿ/ \{Q\ IJ Deputy Clerk POIA/'