Roosevelt Hart v. State

Court of Appeals of Texas·Decided May 29, 2015·No. 14-15-00468-CR·Published

Opinion

CHRIS DANIEL 81 8 HARRIS COUNTY DISTRICT CLERK

FILED IN May 18, 2015 14th COURT OF APPEALS HOUSTON, TEXAS TONYA ROLLAND MCLAUGHLIN 5/29/2015 3:12:16 PM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 4301 YOAKUM BLVD. Clerk HOUSTON TEXAS 77006

Defendant’s Name: ROOSEVELT HART

Cause No: 1425126

Court: 185™ Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 05/07/2015 Sentence Imposed Date: 05/07/2015 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: TONYA ROLLAND MCLAUGHLIN Pauper's Oath 05/07/2015

Sincerely, v

“7s/N. Salinas Criminal Post Trial Deputy

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

CARRIE LOGAN (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. 3x/W THE STATE OF TEXAS ' qva V. \sooc,-eo e \\ ("W-T AfKJAJ

I’&S 4W District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

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

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

5-1- (e Date Attorney (Signature) ' T' $ ~ Defendant (Printed name) Attorney (Printed name) FILED Chris Daniel State Bar Number District Clerk 2ÿ0 £AST 7ÿÿ MAY 0 7 2015 Time:

By Harris County, Texas Address fi) - / ?oo _// 5'~r& jr-35" 9 ~rk ~71oofr Telephone Number The defendant (effect 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.

Defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON Mr 0 7 2015 By Deputy District Clerk of Harris County, Texas QÿLA

RECORDER'S MEMORANDUM This instrument is of poor quality at the time of imaging C:\Users\christina.czepinski\Desktop\TRIAL INFO\APPEAL SOPS & INFOVNOTICE OF APPEAL (2 pages-wout AfTinnation).doc Page 1 of 2 1/09/08 ORDER

On m 8 ? M§ the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time.

CVS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. GPonploying counsel or paying for a clerk’s and court reporter’s record. The Coyrt ORDERS that motion to withdraw is GRANTED /DENIED. Defendant / appellant’s motion (toÿbejpund indigent) is DENIED. Defendant’s / appellant’s motion isXJ RANTED and n (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. ISÿThe COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant/ÿ BAIL IS: SET at $ & To CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: m s;m '

5- 7-/5" (k < JUDGE PRESIDING, \ VS-S DISTRICT COURT / c COUNTY CRIMINAL COURT AT LAW NO.1,ÿ\ . HARRIS COUNTY, TEXAS

C:\Uscrs\christina.czepinski\Desktop\TRIAL INFOVAPPEAL SOPS & INFO\NOTICE OF APPEAL (2 pages-wout Aflirmation).doc Page 2 of 2 1/09/08 @ Cause No. ) THE STATE OF TEXAS IN THE 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 of the trial court, certify this criminal case: 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 1 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] I I is a plea-bargain case, and the defendant has NO right of appeal, [or] I I the defendant has waived the right of appeal.

MAY Q 7 2015 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, I may lose the opportunity to file a pro se petition for discretionary review.

%ui~ r Defendant Defendant's Counsel

__ FILED Mailing Address: Chris Daniel District Clerk State Bar of Texas ID number: 2WL+II1 Telephone number: m 0 7 2015 Mailing Address: *UT0d £AfT 'T'-C Time:. Harris County, Taxas Fax number (if any): Telephone number: By. Deputy Fax number (if any): (f) - / 0ÿ rx -7lo, * “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).

CLERK 9/1/20H PAUPER’S OATH ON APPEAL CAUSE NO.: OFFENSE: ?oSS \P\ IJJT I Mr <3> S v THE STATE OF TEXAS VS. M OF ns_ Pose, rrsÿLij 4cÿ~£>*J DISTRICT COURT

'ÿkoQS-CV €4 "IT (A/K(CT HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES <~\ÿe>oseo'-e44- \-\A

DEFENDANT

SUBSCRIBED AND SWORN to before me, this day of A.D., 20 jj> FILED QL l SffS m TY DISTRICT CLERK DISTRICT COURT MAY 012015 HARRIS COUNTY, TEXAS Time:. Harrl*"county. By ORDER Deputy

On doll \s the court conducted a hearing and found that the defendant is indigent.

>3 The court orders that defendant/appellant on appeal. O is appointed to represent

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 copy of the order to the court reporter: u OM\,Q _ , by certified mail return receipt requested.

JUDGE PRESIDING \ r&S DISTRICT COURT HARRIS COUNTY, TEXAS

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