Telly J. Smith v. State

Court of Appeals of Texas

Telly J. Smith v. State

DecidedDecember 31, 2014

Docket01-14-01034-CR

StatusPublished

This text of Telly J. Smith v. State (Telly J. Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Telly J. Smith v. State, (Tex. Ct. App. 2014).

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Opinion

CHRIS DANIEL 01-14-01034-CR HARRIS COLJNTY DISTRICT CLERK

December 24, 2014 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS BRIAN MARCUS MIDDLETON 12/31/2014 10:44:32 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 7322 SW FRWY., SUITE 1980 Clerk HOUSTON, TX 77074-7004

Defendant's Name: TELLY J. SMITH

Cause No: 1413462

Court: 230TH DISTRICT COURT

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

Notice of Appeal Filed Date: 12/22/2014 Sentence Imposed Date: 12/22/2014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BRIAN MARCUS MIDDLETON

Sinpel Y,

~ Criminal Post Trial Deputy

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

TRISH MATTHEWS (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. IL:j13 Lfft ~ ~ T"~STATEOFTEXAS ,.

~5vti< ~AtKlAl _ _ _ __ 2st2 District Court / County Criminal Court at Law No. _ _ __ Harris County, Texas

NOTICE OF ApPEAL

On ----i~~'---l.ICI----Io..L..=.~~,........:.~- (date), the defendant in the above numbered and styled cause gives

The unjersigne attorney (check appropriate b~x):

~ MOVES to withdraw. o ADVISES the court that he will CONTINUE to represent the def,

Date 12 - L2- .'

A trey (Printed name)

Chris Daniel /)!J~az, Dist,ict Clerk

oLe 2 2 2014 nme:~?"~ 0.....,.·~1~-:--_~ ~ty.TG'U!f $Y,______~~------~. n.:;:uty nt (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. o ASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting t e requested relief. /;'

SWORN TO AND SUBSCRIBED BEFORE ME ON ~~'I;L""""+-------------

By Deputy District Clerk of Harris County, Texas ----H~f\_---------------

hnp://hcdco·intranetJCriminal/Criminal District Courts/Felony Clerks' Inlo Site/Criminal Forms/Nolice of AppeJ.doc Page I of 3 06/01106 ORDER

DEC 2 2 2014 On _ _ _ _ _ _ _ _ the Court conducted a hearing and FINDS that defendant / appellant

o IS NOT indigent at this time.

A ' S indigent for the purpose of o employing counsel o 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

o ...,...a--Defendant's / appellant's motion is GRANTED and o (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. o The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant. BAIL IS: o SET at $ _ _ _ _ _ _ _ _ _ __

o To CONTINUE as presently set.

.;L-DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: _ _O::....;E;....::C=----2_2_2_0_14_._ _

E PRESIDING, 11+........- DISTRICT COURT / OUNTY CRIMINAL COURT AT LAW No. _ _,

• HARRIS COUNTY, TEXAS

http://hcdco-intriUl<:tJCriminaIlCriminal Dislricl Courts/Felony Ckrks' Into Sil.:lCriminal Forms/Nolice of Appe~.doc Page 2 of3 06/01/06 Cause No.

THE STATE OF TEXAS IN THE& DISTRICT COURT

COUNTY CRIMINAL COURT AT LAW No.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL* I, judge 0 f the trial court, certify this criminal case: , .~ ~s 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 ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal. [or] o is a plea-bargain case, but the trial court has given pennission to appeal, and the defendant has the right of appeal. [or] o is a plea-bargain case, and the defendant has NO right of appeal. [or] o the defend the right of appeal.

~"T .11. 10. 11 1'1 Date Signed

. I have received a copy of this. certification. I have also been infonned of my rights concerning any appeal of this criminal case, inc luding 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 copyofthe.court o.f appeals's judgment and opinion to my last known address and that·1 have only 30 days in which to file a pro se .petition for discretionary reviewin the court of appeals. TEX. R. APP. P.68.2 I acknowledge that, ifl 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 any change in my current prison , . unit. I understand that, because of appellate deadlines, if I fail to timely· fonn my appellate attorney of any change in yaddress, I may lose opportunity to file~pra sepetition' discretion

State Bar of Texas ID number: ()tJ7ffJ"()~ Mailing Address: 12D 1&:;2£:" _ _ _..::..T:.:.:lm~e::::=::;;;;;;:::::;;:;:;~_ _ _.....:Telephone Harrl. County, TellU

BY.----nD::-:.P~U~ty:-----IFax number (if any): number: f:!9~~f-oo II' • "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 punislunent reconunended 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 (8) after getting the trial court's permission to appeal." TEXAS RULES OF ApPELU.TE PROCEDURE 25.2(a)(2). APPEAL CARD

Date Notice ~ .~ ~ .It{ Of Appeal: I h Itt Presentation: Vol._ _ Pg._ _

Judgment: Vol._ _ Pg._ _

Judge Presiding Court Reporter Brat fftiYf 1P1m :.J matfh (4I2 Court Reporter Court Reporter ------------------- ------------------- Attorney . I'll on Trial mdn I@; I51tJn UtIVV tJ

Attorney J.t.. ~ A ~.Jr~ ,¥iN1 .. ~ on Appeal ~'v vf/ VJ or VI II ( I J1 (.IJV Appointed L Hired

Offense ktjJV1dY 1hift'-Juo.-,()CC Jury Trial: Yes No k

__I_~__~~~~~_~__ ~;~:::~_c_a_se_s~n~/~ Amount of Appeal Bond if Appellant Confined: Yes 'Iv No

Date submiti°ed IIJJ ~I Jj~ To Appeal Section,__ _"1_______ 7-t--_' Deputy Clerk"{·Sftr1 Ch..t/lJ Notice of Appeal Card RI!\', 9/84

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CHRIS DANIEL 01-14-01034-CR HARRIS COLJNTY DISTRICT CLERK

December 24, 2014 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS BRIAN MARCUS MIDDLETON 12/31/2014 10:44:32 AM ATTORNEY OF RECORD CHRISTOPHER A. PRINE 7322 SW FRWY., SUITE 1980 Clerk HOUSTON, TX 77074-7004

Defendant's Name: TELLY J. SMITH

Cause No: 1413462

Court: 230TH DISTRICT COURT

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

Notice of Appeal Filed Date: 12/22/2014 Sentence Imposed Date: 12/22/2014 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: BRIAN MARCUS MIDDLETON

Sinpel Y,

~ Criminal Post Trial Deputy

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

TRISH MATTHEWS (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. IL:j13 Lfft ~ ~ T"~STATEOFTEXAS ,.

~5vti< ~AtKlAl _ _ _ __ 2st2 District Court / County Criminal Court at Law No. _ _ __ Harris County, Texas

NOTICE OF ApPEAL

On ----i~~'---l.ICI----Io..L..=.~~,........:.~- (date), the defendant in the above numbered and styled cause gives

The unjersigne attorney (check appropriate b~x):

~ MOVES to withdraw. o ADVISES the court that he will CONTINUE to represent the def,

Date 12 - L2- .'

A trey (Printed name)

Chris Daniel /)!J~az, Dist,ict Clerk

oLe 2 2 2014 nme:~?"~ 0.....,.·~1~-:--_~ ~ty.TG'U!f $Y,______~~------~. n.:;:uty nt (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. o ASKS the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting t e requested relief. /;'

SWORN TO AND SUBSCRIBED BEFORE ME ON ~~'I;L""""+-------------

By Deputy District Clerk of Harris County, Texas ----H~f\_---------------

hnp://hcdco·intranetJCriminal/Criminal District Courts/Felony Clerks' Inlo Site/Criminal Forms/Nolice of AppeJ.doc Page I of 3 06/01106 ORDER

DEC 2 2 2014 On _ _ _ _ _ _ _ _ the Court conducted a hearing and FINDS that defendant / appellant

o IS NOT indigent at this time.

A ' S indigent for the purpose of o employing counsel o 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

o ...,...a--Defendant's / appellant's motion is GRANTED and o (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal. o The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to defendant / appellant. BAIL IS: o SET at $ _ _ _ _ _ _ _ _ _ __

o To CONTINUE as presently set.

.;L-DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: _ _O::....;E;....::C=----2_2_2_0_14_._ _

E PRESIDING, 11+........- DISTRICT COURT / OUNTY CRIMINAL COURT AT LAW No. _ _,

• HARRIS COUNTY, TEXAS

http://hcdco-intriUl<:tJCriminaIlCriminal Dislricl Courts/Felony Ckrks' Into Sil.:lCriminal Forms/Nolice of Appe~.doc Page 2 of3 06/01/06 Cause No.

THE STATE OF TEXAS IN THE& DISTRICT COURT

COUNTY CRIMINAL COURT AT LAW No.

, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL* I, judge 0 f the trial court, certify this criminal case: , .~ ~s 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 ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal. [or] o is a plea-bargain case, but the trial court has given pennission to appeal, and the defendant has the right of appeal. [or] o is a plea-bargain case, and the defendant has NO right of appeal. [or] o the defend the right of appeal.

~"T .11. 10. 11 1'1 Date Signed

. I have received a copy of this. certification. I have also been infonned of my rights concerning any appeal of this criminal case, inc luding 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 copyofthe.court o.f appeals's judgment and opinion to my last known address and that·1 have only 30 days in which to file a pro se .petition for discretionary reviewin the court of appeals. TEX. R. APP. P.68.2 I acknowledge that, ifl 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 any change in my current prison , . unit. I understand that, because of appellate deadlines, if I fail to timely· fonn my appellate attorney of any change in yaddress, I may lose opportunity to file~pra sepetition' discretion

State Bar of Texas ID number: ()tJ7ffJ"()~ Mailing Address: 12D 1&:;2£:" _ _ _..::..T:.:.:lm~e::::=::;;;;;;:::::;;:;:;~_ _ _.....:Telephone Harrl. County, TellU

BY.----nD::-:.P~U~ty:-----IFax number (if any): number: f:!9~~f-oo II' • "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 punislunent reconunended 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 (8) after getting the trial court's permission to appeal." TEXAS RULES OF ApPELU.TE PROCEDURE 25.2(a)(2). APPEAL CARD

Date Notice ~ .~ ~ .It{ Of Appeal: I h Itt Presentation: Vol._ _ Pg._ _

Judgment: Vol._ _ Pg._ _

Judge Presiding Court Reporter Brat fftiYf 1P1m :.J matfh (4I2 Court Reporter Court Reporter ------------------- ------------------- Attorney . I'll on Trial mdn I@; I51tJn UtIVV tJ

Attorney J.t.. ~ A ~.Jr~ ,¥iN1 .. ~ on Appeal ~'v vf/ VJ or VI II ( I J1 (.IJV Appointed L Hired

Offense ktjJV1dY 1hift'-Juo.-,()CC Jury Trial: Yes No k

__I_~__~~~~~_~__ ~;~:::~_c_a_se_s~n~/~ Amount of Appeal Bond if Appellant Confined: Yes 'Iv No

Date submiti°ed IIJJ ~I Jj~ To Appeal Section,__ _"1_______ 7-t--_' Deputy Clerk"{·Sftr1 Ch..t/lJ Notice of Appeal Card RI!\', 9/84

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Telly J. Smith v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telly-j-smith-v-state-texapp-2014.