Romelo Hernandez Diaz v. State

• Court: Court of Appeals of Texas
• Decided: June 11, 2015
• Docket: 01-15-00532-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00532-CR

§ K HARRIS COUNTY DISTRICT CLERK

%I# FILED IN June 8,2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE KATHERINE CABANISS 6/11/2015 7:51:45 AM 248™ DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk HOUSTON, TX

Defendant’s Name: ROMELO HERNANDEZ DIAZ

Cause No: 1453096

Court: 248th DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 6/4/15 Sentence Imposed Date: 6/4/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely,

S. NORRIS Criminal Post Trial Deputy

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

LOUISE STECKLER (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 77210ÿ65 1 i3i<=m} w, Cause No. IV i /

THE STATE OF TEXAS w. Es*frl/L£> 'istrict Court / County Criminal Court at Law No.

Harris County, Texas

TO THE HONORABLE JUDGE OF SAID COURT: NOTICE OF APPEAL

* i|l? U£> On Wir" NOTICE OF APPEAL of his conviction. (date), the defendant in the above numbereÿÿd styled causeÿgives

The undersigned attorney (check appropriate box): 1 MOVES to withdraw. a ADVISES the court that he will CONTINUE to repi the defendant on ai

Mi x Date Attorney iature,

) Xrÿl.AGUIRRE Defendant (Printed name) Attorney(PrintedWÿ|ÿ0rthLOOp W‘, Stfe 310 State Bar Number

Address gS* 01897715 SPN-. 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 Grantingjhe requested relief.

... Defendant (Signature) Jr fcTCmlant'sHPctpted name

SWORN TO AND SUBSCRIBED BEFORÿME ON 26 IS By Deputy District Clerk of Harris County / \*\ X (fo *y-4 no/ W~70,7 httpy/hcdco-intrane(A>iminal/CnminaJ Courts/SOPi and Forms Libnuy/Criminal 1/28/11 ... Fonm/Nmicc'oÿAppeil 01281 l.doc •••«., Page 1 of 3 e&fm ORDER

On JUN 0 42IK the Court conducted a hearing and FINDS that defendant / appellant

IS 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 and/orftaymg for a clerk’s and court reporter’s record. The Court ORDERS that /{ \ \ Counsel’s motion to withdraw is GRANTED /(DENIED. Defendant / appellant’s motion (c indigent) is DENIED.

•ftLÿAttomey V. Bar Card Number _ Defendant’s / appellant’s motion is GRANTED and _ _ SPN Number _ is APPOINTED to represent defendant / appellant on appeal.

Assistant Public Defender Assigned by HCPD Bar Card Numberÿ SPN Number _ Harris County Public Defender’s Office (HCPD) is APPOINTED to represent defendant/appellant on appeal.

-: *

>&VThe COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to / appellant. BAIL IS: SET at S TO CONTINUE as presently set.

v DENIED and is SET at NO BOND. (Felony Only)

DATE SIGNED: JUN 0 4-SSro 2di6 _ JUDGE PMsiDifiaTÿ / DISTRICT COURT// " COUNTY CRIMING * fioÿRT A \ \ £I HARRIS COUNTY,

http 7/Tiedco-intranet/Criminal/Crimmal Courts/SOPs and Foims Library/Criminal Forms/Notice of Appeal 01281 l.doc Page 2 of 3 1/28/11 H THE STATE OF TEXAS Cause No. I *15 IN THE CT COURT m COUNTY CRIMINAL COURT AT LAW NO.

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] 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] D is a plea-bargain case, and the defendant has NO right of appeal, [or] 1~~) the defendant has waived the right of appeal.

JUN 0 4-2Q&2&/5 Judge / 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 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, 1 may lose the opportunity to file a pro se petition for discretionary review.

Defendant Defeni \ :s .Counsel /

JUAN J. AGUIRRE Mailing Address: j? T T_. TT, Tl State Bar of Texas ID nq( ftWi North I nnp W* fito 310 Telephone number Chris p-rc:.; Mailing Address: _ Houston, TX 77008

_ \/n!>-o- 71? 677 0765 Fax: 713.677.0754 Fax number (if any): JUN 01* 2015 Telephone number: aguirrelaw@comcastnet Tlme:__

By. Karris Cuumy, Taxas Fax number (if any): _ SBN: 24031692 SPN: 01897715 Deputy * “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 otheT 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(aX2). CLERK 9/1/2011 APPEAL CARD

M Cause No. iU3mo> The State of Texas Vs

Date Notice Of Appeal: JUN 9 42015 O-H-P Presentation:

Judgment:

Judge Presiding Court Reporter Court Reporter Court Reporter __ __ C&bflJVSS , Vol._

Vol.

Sp>rJ£i#f , l Wl£ Pg-.

Pg,

Attorney on Trial JtyuirrL, Attorney on Appeal

Appointed Hired

Offense Indecency CtMÿ Jury Trial: Yes No

Punishment Assessed _tfoufc Wbi QdQ-fyfl€ Companion Cases nf Know) 1631ÿ, 1ÿ3041 Amount of Appeal Bond _[)

_53(ÿ1 Appellant Confined: Yes No. Date Submitted To Appeal Section K

Deputy Cler /