Santos Aquileo Cruz-Escalante v. State

Opinion

CURlS DANIEL 01-15-00118-CR

HARRIS COUNTY DISTRICT CLERK

FILED IN

1st COURT OF APPEALS

January 28,2015 HOUSTON, TEXAS 2/6/2015 2:27:20 PM

DAVID L. GARZA CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 102 S. LOCKWOOD HOUSTON, TEXAS 77011

Defendant's Name: SANTOS AQUILEO CRUZ-ESCALANTE

Cause No: 1311655

Court: 185TH DISTRICT COURT

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

Notice of Appeal Filed Date: 01115/2015 Sentence Imposed Date: 01115/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAVID L. GARZA

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

CARRIE LOGAN (DELIVERED VIA E-MAIL)

This is your notice to infonn any and all substitute reporters in this cause.

120 I Franklin P.O. Box 4651 Houston, Texas 77210-4651

Cause No.I?>1{(, )) poL THE STATE OF TEXAS

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18 Gistrid Court I Cella.,. C, iudus' Coun at LaW ~':!111"",,== /~ .....

Harris County, Texas

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NOTICE OF ApPEAL

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t"iCt 'ill)iel

TO THE HONORABLE JUDGE OF SAID COURT; 11117e: J4N I C/e"/r On W'£1:l. I'MI --,." ?

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NOTICE OF App AL 0 is conviction.

(date), the defendant in the above ~ ered 5lf1 ed /15se gives IIllloJ'. r"

o"Dilly "'-.

Tbe undersigned attorney (l':beck appropriate box):

¥ MOVES to withdraw. [J ADVISES the court that he will CONTINUE to represent the de

:::rNV~ It: ).O(r Atto ey (Signature) n Defendant (printed name)

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Attornel ~rinted

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U8"tSI rj"""O

Te bone Number

The defendant (cbeck all tbat apply);

J- REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him.

C---ASKS the Court to ORDER that a free record be provided to him. YASKS the court to set BAIL.

Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requ sted relief.

Defendant's Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON _ _ _ _ _---=JA:..:.:N~1_·.:...5....:2.=....:01=5_ _ _ __

By Deputy District Clerk of Harris County, Texas ----+&P-tT,t~.--------------

http://hcdco-intranetlCriminal/Criminal CourtslSOPs and Fonns Library/Criminal FonnsINotice of Appeal (3pages-w Affinnation).docx Page 1 of3 06/01/06 · .. ORDER

On U';rt. /r, Jr/I~ Court conducted a hearing and FINDS that defendant / appellant

[] I~OT indigent at this time.

ra;fs indigent for the purpose of [] employing counsel [] paying for a clerk's and court reporter's record. ~ploying counselor paying for a clerk's and court reporter's record.

The Court ORDERS that ~ounsel's motion to withdraw is @ANTE~IED. CI Defendant / appellant's motion (to be found indigent) is DENIED. ~fendant's / appellant's motion is GRANTED and Cl (attorney's name & bar card number)

js APPOINTED to represent defendant / appellant on appeal.

!9" Th;COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant.

BAIL IS:

CI SET at $ _ _ _ _ _ _ _ _ _ __

CI TO CONTINUE as presently set.. ~IED and is SET~ NO BOND. (Felony Only)

DATE SIGNED: _.....::i!2~IJ1tI.----=-r--":/;...&..j{0'-1-..:....7-_0. . .;J_""-_ ;'

--'

HARRIS COUNTY, TEXAS

http://hcdCO-inb'anetlCriminal/Criminal CounslSOPs and Forms Library/Criminal FormsINotice of Appeal (3pages-w Affirmation}.docx Page 2 of3 06/01/06 ·e--. . -

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.

Cause No. _(_- 3_'_1_'_ THE STATE OF TEXAS IN THE I~STRlCT COURT v. ~OWJfl" CRBIINM. eel1M' J" I 6W No.

SAM-J.l ~11 6.Q'\~dant 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] ~,

D is a plea-bargain case, but matters were raised by written motion filed and ~Q t!0~trial, and Ii not withdrawn or waived, and the defendant has the right of appeal. [or] o!fahris Q ~. J)

D is a plea-bargain case, but the trial court has given permission to apPJiHl,. an_~~ his the right of appeal. [or] &y B. 151015 D is a plea-bargain case, and the defendant has NO right of.appeal. [or 1t'I",_ COil

D the defendant has waived the right of appeal. o. "Ii 1'e...:'I.

'R"tJf

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 .onished 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 1 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 chan~ . y address, I may lose the opportunity to file a pro se petition fj iscretionary review.

~ ~ . ~.~~---

Defend t' ounsel

R" relo N Gonzalez, Attorney Mailing Address: State Bar of Texas"'~ltFree!'.JlYI.!8l!.· 215 Houston, 'fA TTv T

Telephone number: Mailing Address: (~~::l41.tgl12 F,SN: 0"8131550

Fax number (if any): Telephone number:

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 Med on before trial, or (B) after getting the trial court's permission to appeal." TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2). '"iECORDER"S-MEMOiiANDU~ CLERK ' This instrument is of poor quality, - at the tima of i~ing, ____ J I 9/1/2011

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The State of Texas

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Date Notice Of Appeal: lll'Sl, ~ Presentation: Vol._ _ Pg.,_ _

.Judgment: Vol.,_ _ Pg.,_ _

Judge Presiding ~ I t~~ ~, L.K.I rustN Court Reporter IA~_1-064.tJ Court Reporter_ _ _~·~_ _ _ _ __ Court Reporter_ _ _ _ _ _ _ _ __

Attornert<. on Trial lCAlOl) AaUZAlfz.

Attorney . on Appeal l>A-V/ J) L. GAI,Z-A Appointed Hired._ _ __

OtTense AQa. B tic A56iC1u. L7 l C£-6 LD Jury Trial: YeS~No._ __ Punishment Assessed c:l.D I ~ (5 Th ~ Companion Cases I I s'" ~ L1 OfKDown)________________-,~_ I?

Amount of Appeal Bond._....,Ji~---------------- Appellant Confined: yes,____ No,_ __ '/

Date Submitted To Appeal Section._.....::I_+/~IIIoK.O_+).:....t5"~ _______ Deputy Clerk c±tf £JUs.

Notice of Appeal Card Rev. 9!84