Travis Marcellaus Edwards v. State

Court of Appeals of Texas

Travis Marcellaus Edwards v. State

DecidedMay 4, 2015

Docket01-15-00418-CR

StatusPublished

This text of Travis Marcellaus Edwards v. State (Travis Marcellaus Edwards 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

Travis Marcellaus Edwards v. State, (Tex. Ct. App. 2015).

Pincite

Opinion

CHRIS DANIEL 01-15-00418-CR #2£% HARRIS COUNTY DISTRICT CLERK

FILED IN 1st COURT OF APPEALS April 28, 2015 HOUSTON, TEXAS 5/4/2015 3:35:09 PM DAUCIE SCHINDLER CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 1201 FRANKLIN, 13™ FL HOUSTON, TX 77002

Defendant’s Name: TRAVIS M. EDWARDS

Cause No: 1443322

Court: 338™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 4/23/15 Sentence Imposed Date: 4/23/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAUCIE SCHINDLER

Sincerely,

S. NORRIS Criminal Post Trial Deputy

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

L MILLS (DELIVERED VIA E-MAIL)

LAVEARN IVEY

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 •1353154 |tJtJ3sa ij THE STATE OF TEXAS 1/u .A/K/A/ CJ I' C; T\\ , i/7 Is 1/

- _ Harris County, Texas _ Court / County Criminal Court at Law No.

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On mV f ( d o. Q Cl i_S~" (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box): “'gt MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date Attorney (Signature)

"'TroucS Eriv>ijqrc/.C Defendant (Printed name) Attorney (Printed name) FILED Chris Daniel State Bar Number District Clerk

APR 23 2015 Address Time:. Harris County, Texas

Deputy 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. dlÿASKS 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.

•'7 £ Defendant (Signature) Delendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON ft W7_/5*5~ By Deputy District Clerk of Harris County, Texas *9 C:\Users\jennifer.green\Desktop\EDWARDS NOA.docx Page I ol'3 06/01/06 ORDER

On the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. *ÿIS indigent for the purpose of yrfemgjoying counsel for a clerk’s and court reporter’s record. counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that Counsel’s motion to withdraw iqÿLAgÿÿ/ DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. The COllRT 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. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: oM'Z3i

C:\Users\jennifer.green\DeslUop\EDWARDS NOA.docx Page 2 of 3 06/01/06 1‘W'SS 2.2-1 © THE STATE OF TEXAS Cause No. f3S3lÿ

INTHJ DISTRICT COURT

COUNTY CRIMINAL COURT AT LAW NO. TVau'tf rV),, 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] 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 case, and thedefendant has NO right of appeal, [or] J J) E Q defendjit waivecÿfÿiglÿ has of appeal. Dtetrfc?c?e®k niTL3Ha~ Judge Date Signed OaputT"

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.

4 Defendant Defendant's Counsel

Mailing Address: _ State Bar of Texas ID number p» 0 « 1 ItAoOC? koxqovc? Mailing Address: 2 Telephone number: 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 ruled on before trial, or (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2). APPEAL CARD

Court IQ -OQ'&

The State of Texas Vs tgpWAtepÿ ~nQjWi%

Date Notice Of Appeal: . &H22d£_ Presentation: Vol. Pg-.

Judgment: Vol. pg-. Judge Presiding. VYl QA&QJ2- Court Reporter. <— Yvnuj> Court Reporter. uMsweM ;i/ey Court Reporter.

Attorney on Trial Muj=z&b?)Q3L Attorney on Appeal.

Appointed Hired

Offense

Jury Trial Yes No

Punishment Assessed _ /flyT- _ Companion Cases (If Known) IW/332f Amount of Appeal Bond.

Appellant Confined: Yes SOjffl Date Submitted To Appeal Section.

Deputy Clerk

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CHRIS DANIEL 01-15-00418-CR #2£% HARRIS COUNTY DISTRICT CLERK

FILED IN 1st COURT OF APPEALS April 28, 2015 HOUSTON, TEXAS 5/4/2015 3:35:09 PM DAUCIE SCHINDLER CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 1201 FRANKLIN, 13™ FL HOUSTON, TX 77002

Defendant’s Name: TRAVIS M. EDWARDS

Cause No: 1443322

Court: 338™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 4/23/15 Sentence Imposed Date: 4/23/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAUCIE SCHINDLER

Sincerely,

S. NORRIS Criminal Post Trial Deputy

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

L MILLS (DELIVERED VIA E-MAIL)

LAVEARN IVEY

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 •1353154 |tJtJ3sa ij THE STATE OF TEXAS 1/u .A/K/A/ CJ I' C; T\\ , i/7 Is 1/

- _ Harris County, Texas _ Court / County Criminal Court at Law No.

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On mV f ( d o. Q Cl i_S~" (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box): “'gt MOVES to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date Attorney (Signature)

"'TroucS Eriv>ijqrc/.C Defendant (Printed name) Attorney (Printed name) FILED Chris Daniel State Bar Number District Clerk

APR 23 2015 Address Time:. Harris County, Texas

Deputy 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. dlÿASKS 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.

•'7 £ Defendant (Signature) Delendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON ft W7_/5*5~ By Deputy District Clerk of Harris County, Texas *9 C:\Users\jennifer.green\Desktop\EDWARDS NOA.docx Page I ol'3 06/01/06 ORDER

On the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time. *ÿIS indigent for the purpose of yrfemgjoying counsel for a clerk’s and court reporter’s record. counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that Counsel’s motion to withdraw iqÿLAgÿÿ/ DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. The COllRT 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. DENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: oM'Z3i

INTHJ DISTRICT COURT

COUNTY CRIMINAL COURT AT LAW NO. TVau'tf rV),, 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] 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 case, and thedefendant has NO right of appeal, [or] J J) E Q defendjit waivecÿfÿiglÿ has of appeal. Dtetrfc?c?e®k niTL3Ha~ Judge Date Signed OaputT"

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.

4 Defendant Defendant's Counsel

Mailing Address: _ State Bar of Texas ID number p» 0 « 1 ItAoOC? koxqovc? Mailing Address: 2 Telephone number: 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 ruled on before trial, or (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2). APPEAL CARD

Court IQ -OQ'&

The State of Texas Vs tgpWAtepÿ ~nQjWi%

Date Notice Of Appeal: . &H22d£_ Presentation: Vol. Pg-.

Judgment: Vol. pg-. Judge Presiding. VYl QA&QJ2- Court Reporter. <— Yvnuj> Court Reporter. uMsweM ;i/ey Court Reporter.

Attorney on Trial Muj=z&b?)Q3L Attorney on Appeal.

Appointed Hired

Offense

Jury Trial Yes No

Punishment Assessed _ /flyT- _ Companion Cases (If Known) IW/332f Amount of Appeal Bond.

Appellant Confined: Yes SOjffl Date Submitted To Appeal Section.

Deputy Clerk

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Bluebook (online)

Travis Marcellaus Edwards v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-marcellaus-edwards-v-state-texapp-2015.