Amber Rae Thornton v. State ( 2015 )

01-15-00585-CR
CHRIS DANIEL
46a 9
HARRIS COUNTV DISTRICT CLERK
FILED IN
June 30, 2015 1st COURT OF APPEALS
HOUSTON, TEXAS
ALLEN C. ISBELL 7/7/2015 8:58:20 AM
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
Clerk
2016 MAIN, SUITE 110
HOUSTON, TX 77002
Defendant’s Name: AMBER RAE THORNTON
Cause No: 1344347
Court: 338™ DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 6/25/15
Sentence Imposed Date: 6/10/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: ALLEN C. ISBELL
Sincerely,
3 •
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
JILL HAMBY (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
V
i•
> •
Cause No.
THE STATE OF TEXAS P
V.
b
District Court / County Criminal Court at Law No.
_ Harris County, Texas _
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On clOf'b (date), the defendant in the above numbered and styled cause gives
NOTICE OF APPEAL of his conviction.
The undersigned attorney (check appropriate box):
MOVES to withdraw.
ADVISES the cournhat he will CONTINUE to represent the defendant on appeal.
u/
Date
AS
Attorney (Signature) .
Ai
Defendant (Printedÿ ame) -jp T\ Attorney (Printed name)
Chris Daniel
District Clerk State Bar Number
JUN 25 2015
/ &
Time-.
By —— HlfTt« eouui*.
ooputy
The defendant (check all that apply):
TOX*»
Address
Telephone Number
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 court to set BAIL.
Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order
Granting the requested relief.
/
Defendant (Signature) Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON JUN 2 5 2fl15
By Deputy District Clerk of Harris County, Texas
%
hnp://hcdco-imnmct/Criminal /Criminal Couits/SOPs and Forms Library/CrimnaJ Forms/Notice of Appeal (3 pages-w Affirmmion),docx Page 1 of 3
06/01/06
-i
ORDER
t '
On JDN 2 5 2fllS the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time.
IS indigent for the puipose of
employing counsel
paying for a clerk’s and court reporter's record.
employing counsel or paying for a clerk’s and court reporter’s record.
The Court ORDERS that
Counsel’s motion to withdraw is GRANTED / DENIED.
Defepdant / 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 COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to
defendant / appellant.
BAIL IS:
SET at $ _
a TQJG6NTINUE as presently set.
and is SET at No BOND. (Felony Only)
DATE SIGNED: m 2 5 2015
JUDGFPRISLDTNGRÿY
1IS'TRICTCQURT /
COUNTY CRIMINAL COURT AT LAW NO.
HARRIS COUNTY, TEXAS
htty://hcdco-intraiKt/Crimimri/Crimmal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages- w AffirmationJ.docx Page 2 of 3
06/01/06
PAUPER’S OATH ON APPEAL
CAUSE NO.: OFFENSE: h(Lnfll
THE STATE OF TEXAS S3r DISTRICT COURT — /H.
VS. OF
HARRIS COUNTY, TEXAS pf
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES defendant in
!*>
theÿtovk'styled anf ffiftibered
cause, and states under oath that he is without funds, property or income. The defendant-respectfully petitions
the court to: (check ail that apply)
O' Appoint appellate counsel to represent him.
Asks the court to order that a free record be provided to him.
DEFENDANT
SUBSCRIBED AND SWORN to before me, this. SDday of Jomd: A.D., 20 .
DIST
DIS TXfOURT
;RK \
CO 'TTEXAS
ORDER
On _ conducted a hearing and found that the defendant
the court is indigent.
The court m
orders tha.
_
iÿxsbcii is appointed
defendant/appellant on appeal.
to represent
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 tjxÿdrder to the court reporter:
Lÿrrsh DISTRICT COURT
HARRIS COUNTY, TEXAS
AFFIRMATION
I, 0» _ iT Attorney at
Law, swear or affirm that I will be solely
responsible for writing a brief and representing the appellant on appeal. If I am not able to preform my
duties as appellate counsel, I will notify the court immediately so that the court may take the
apnropriate action as deemed necessary.
UimA
rTORJSiY
JXJPJSPQ-
(SIGNATUREÿ
/0ÿ1ÿ66
BAR/SPN NUMBER
SOU, MOJM, &L/Q
ADDRESS 1 CTTY STATE ZIP
ZL& [AGO nFAX
L2LNUMBER _
PHONE
EMAIL ADDRESS /
SWORN TO AND SUBSCRIBED BEFORE ME ON i QA
r
DEPUTY DI! (SIGNATURE)
DISTRICT CJ PRK
THE STATE OF TEXAS
Cause No. J3
IN THEÿ&fDlSTRJCT COURT
©
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:
f~l is not a plea-bargain case, and the defendant has the right of appeal, [or]
I I 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]
l``]
I I
is a plea-bargain case, and the defendant has NO right of appeal, [or]
me defendant has waived the right of appeal. Chris Daniel
FILED
District Clark
JUN 25 2015
d rift:,, as; am"
Date Signed Harris County, Texas
Daputy
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 1 acknowledge that, if 1 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. 1 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 Defendant's Counsel
Mailing Address: _ State Bar of Texas ID number:
Telephone number: Mailing Address:
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(aX2).
l*
APPEAL CARD
33&*h
Court Cause No.
/J&J97
The State of Texas
TJhOUTQAj, A%twe
Date Notice
(£-10-15
Of Appeal: _ U-3L5 -tois
Presentation: VoL Pg-.
Judgment: VoL Pg-.
Judge Presiding r&rrtc I _
Court Reporter_
Court Reporter_
IfflJdmufy
Court Reporter_
Attorney
on Trail_
Attorney
on Appeal 4 6&UjHka
Appointed
/ Hired
Offense, tfnhfofj/ £&T-
Jury Trail: Yes No l
Punishment
Assessed _ Jfoyfr&s T&C
Companion Cases
(If Known) 1 _
Amount of
Appeal Bond.
Appellant
£
Confined: Yes j No
Date Submitted
To Appeal Section JUN 2 B 2015
Deputy Clerk. £
Notice ii|‘ Appeal Card Rev.