Todd Arland Mitchell v. State

• Court: Court of Appeals of Texas
• Decided: March 19, 2015
• Docket: 01-15-00249-CR
• Status: Published

Opinion

CHRIS DANIEL 01-15-00249-CR 9 & HARRIS COUNTY DISI RICT CLERK

&OFt£& FILED IN March 18,2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE KATHERINE CABANISS 3/19/2015 11:15:05 AM 248™ DISTRICT COURT CHRISTOPHER A. PRINE Clerk HARRIS COUNTY HOUSTON, TX

Defendant’s Name: TODD ARLAND MITCHELL

Cause No: 1438321

Court- 248th DISTRCIT COURT Please note the following appeal updates on the above mentioned cause-

Notice of Appeal Filed Date: 3/12/15 Sentence Imposed Date: 3/2/15 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

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

1201 Franklin PO Box 4651 Houston, Texas 77210-4651 w i Cause No. / i THE STATE OF TEXAS V. IK I!ATCM£ 11 , A/K/A/ P<ÿ. M District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On Af/kpa/j // p4/,

The undersigned attorney (check appropriate box): MOVES to withdraw V$$\& ADVISES the court that he will CONTINUE to represent the defendam aÿr

1L Defendant (Printed name) Attorney (Printed name)ÿ/ State Bar Number

Address

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 cou rt to set BA I L Accordingly. Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief

~/W>ÿ /{. /Ui'rcHell Defendant (Signature) Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Hams County, Texas

™SSr hup //hcdco-intranet/Criminal/Crinunal Courts/SOPs and Forms Librarv/Criminal Fomis/Notice of Appeal (2 paaes-without Affirmation) docPage 1 of 2 1/09/08 V '4 • ORDER I On S Court conducted a hearing and FINDS that defendant / appellant n IS NOT indigent at this time IS indigent for the purpose of employing counsel payipg for a clerk's and court reporter's record 3"£mploying counsel or paying 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 (to be found indigent) is DENIED / appellant's motion is GRANTED and n (attorney's name & bar card number) is APPOINTED to represent defendant / appellant on appeal 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 and is SET at NO BOND (Felony Only)

DATE SIGNED MAR 1 3 2015 X

JUDGE FWS&INGJ URT COUNTÿf 35RlM IÿAkiCQUl r ATLAf'NO . KÿOO' .. HARRI4C

http //hcdco-intranet/Criminal/Cnminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages-without Affirmation) docPage 2 of 2 1/09/08 THE STATE OF TEXAS Cause No. '73ÿ331/ 3’SkQr 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] Cl 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]

l~~l the defendant has waived the right of appeal.

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 mV to file a pro se petition for discretionary review oppojjÿn Defendant /\/>L J. > w jÿfendant's Counsel

Mailing Address: /H/ld 2 £-7~ State Bar of Texas ID number. Telephone number: / _770<&? _ * Mailing Address _ Fax number (if any): _ Telephone number. _ Fax number (if any): _ * “A defendant in a criminal case has the nght of appeal under these rules The trial court shall enter a certification of the defendant's nght 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 9/1/2011 bp \ APPEAL CARD 5-\-'5 Court Cause No. /vz&z-i The State of Texas Vs rish'J-s/uM* *77, 9 n

Date Notice 3-ÿ(5 Of Appeal: HAR 1 3 2015 Presentation: Vol. Pg-.

__ _ ____ Judgment: Vol. Pg-.

Judge Presiding Court Reporter Court Reporter ___ M jVÿf CwWvwO Court Reporter

Attorney on Trial_

Attorney on Appeal

Appointed. Hired

Offense

Jury Trial: Yes. No

Punishment Assessed _ fo (If Known) _ kM Companion Cases ~

Amount of Appeal Bond

Appellant Confined: Yes No

Date Submitted To Appeal Section

Deputy Clerk

93ÿ