Ruben Zamora, Jr. v. State

Court of Appeals of Texas

Ruben Zamora, Jr. v. State

Court of Appeals of Texas·Decided November 23, 2015·No. 01-15-00983-CR·Published

Opinion

01-15-00983-CR CHRIS DANIEL § HARRIS COUNTY DISTRICT CLERK '9/ FILED IN 1st COURT OF APPEALS November 10, 2015 HOUSTON, TEXAS 11/23/2015 9:33:23 AM ANN LEE MOSELEY CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 2002 TIMBERLOCH, SUITE 200 THE WOODLANDS, TX 77380

Defendant’s Name: RUBEN ZAMORA, JR.

Cause No: 1411149

Court: 178™ DISTRICT COURT

Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 11/02/2015 Sentence Imposed Date: 1 1/02/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: ANNLEE MOSELEY Pauper's Oath 11/04/2015

Sincerely,

'/S/ Naomi Salinas Criminal Post Trial Deputy

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

BONNIE RODRIGUEZ (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 •7 Cause No. ailW \ THE STATE OF TEXAS \

ZZlntoFTA) , A/KJAJ

ITT District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAD) COURT: -2 A/mi 2.0/3 On I U __ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction. The undersigned attorney (check appropriate box):

BKJMOVES tothewithdraw. - 4Q-I3QII& Date 1 1 court that he will h-z-zoij CONTINUE to

A/jtiffin rv\- YAWrnfey (SidMre) / represÿnlMeÿefendÿnt dSnappeal. ---— h

3ilm 7AN\m.J Defendant (Printed name) [C At] •inti nai h mi YwAdd a imber

IMM r \/b qt Telephone Number The defendant (check all that apply): \a REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT aopetfiate counsel to represent him. gr 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.

2%name cQf Defendant (Signature) Defendant’s Printed 3 SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas I ryiifÿCYiÿ http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without Affirmation).docPaee I of2 1/09/08 ORDER

On iilov/n ispiOT indigent at this time. the Court conducted a hearing and FINDS that defendant / appellant

&IS indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. SrtSmploying counsel or paying for a clerk’s and court reporter's record. The Court ORDERS that 'ÿ'ÿ6ounsel’s motion to withdraw is GRANTED-/™ENIED. Q Defendant / appellant’s motion (to be found indigent) is DENIED. &ÿl5efendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) to represent defendant / appellant on appeal. 0 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. NDÿÿDENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: hikt JUDGE PRESIDING, / "7ÿ>DISTRICT COURT / \J ' GOUNTY CRIMINAL COURT AT LAW NO. _, HARRIS COUNTY, TEXAS

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without Affirmation).docPage 2 of 2 1/09/08 Cause No

THE STATE OF TEXAS IN THE ) COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

2w%££ 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] M 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, [or] is a plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.

~£ytrid NOV - a 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 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 C%ex la Xrinv\ Defendant s Coufcsi1 FILED_ Mailing Address: Chris Daniel State Bar of Texas ID number: District ClttiK Telephone numbÿQy - 7 7015_ Mailing Address: Fax numbFPfff-ail Vfell County, lexas ~~ Telephone number: Deputy 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). PAUPER’S OATH ON APPEAL CAUSENO.: \U,\\ VA OFFENSE:

THE STATE OF TEXAS DISTRICT COURT FILED VS. OF SMSlc TO THE HONORABLE JUDGE OF SAID COURT: HARRIS COUNTY, TEXAÿQV time:. "" “ *» 2015 County. Iu*uii

Deputy _ NOW COMES 'frÿclefendant 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) |ÿj appellate counsel to represent him. | -A Asks the court to order that a free record be provided to him.

X DEFENDANT Cu C,Vft SUBSCRIBED AND SWORN to before me, this lay of NOV - 4 2015 A.D., 20

DEPUTY CLERK DISTRICT COURT HARRIS COUNTY, TEXAS

. . ORDER On y ) P/Y -ÿ)D, C7u\3 the court conducted a hearing and found that the defendant is indigent.

0ÿ The court orders that Attorney, V--C <_ is appointed to represent defendant/appellant on appeal. I _ | Assistant Public Defender Assigned by HCPD Bar Card Number SPN Number _ Harris County Public Defender’s Office (HCPD) is APPOINTED to represent defendant/appellant on appeal.

_

[j/j* 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: , by certified mail return receipt requested. ~VN

JUDGE PRESIDING N1 0HARRIS IP DISTRICT COURT ' COUNTY, TEXAS

OATH OF APPOINTED ATTORNEY ON APPEAL I, fV/llAsUZ j'AjF&'V&A _ , Attorney at Law, swear or affirm to the court that I will be solely responsible for writing a brief and representing the appellant on appeal.

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