Lorenzo Martinez v. State ( 2015 )

ACCEPTED 06-15-00216-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/10/2015 1:12:17 PM DEBBIE AUTREY Randle Smolarz CLERK Attorney At Law 602 Pine Street Texarkana, TX 75501 FILED IN Cell: (903) 277-9213 6th COURT OF APPEALS Email: jrsmolarz@gmail.com TEXARKANA, TEXAS 12/10/2015 1:12:17 PM December 10, 2015 DEBBIE AUTREY Clerk VIA INTERNET FILING Sixth Court of Appeals Debbie Autrey - Clerk of the Court 100 N. State Line Ave., Ste. 20 Texarkana, Texas 75501 Re: Docketing Statement for Appeal of Cause Number 13F0528-102, The State of Texas vs. Lorenzo Rena Martinez Dear Ms. Autrey: Attached via internet filing you will find the above-referenced Docketing Statement for filing with your office. I have not received an Appellate Docket Number. Therefore, I left it blank. Please note that I have filed with the trial court a Motion to Certify Inability to Pay with Exhibit 1: Affidavit of Indigency. In this Motion, I have requested a hearing, if necessary. Therefore, in the attached Docketing Statement, I did not check that a hearing has occurred. I went ahead and filed the Docketing Statement with information potentially left out as a matter of prudence and in an effort to comply with Texas Rules of Appellate Procedure 20.2 and 32.2. Tex. Rul. App. Proc. 32.2 states that “[u]pon perfecting the appeal in a criminal case”. It could be argued that a criminal appeal is “perfected” when a Notice of Appeal is filed with the trial court, which was filed on December 8, 2015. If there is a hearing, I will file an updated Docketing Statement. Thank you for your consideration. Sincerely, Jonathan Randle Smolarz Attorney at Law TSB#: 24081154 602 Pine Street Texarkana, TX 75501 jrsmolarz@gmail.com Appellate Docket Number: Appellate Case Style: Style: Vs. State of Texas Companion Case: Amended/corrected statement: DOCKETING STATEMENT (Criminal) Appellate Court: 6th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) First Name: Lorenzo Lead Attorney Middle Name: Rena First Name: Jonathan Last Name: Martinez Middle Name: Randle Suffix: Last Name: Smolarz Appellant Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Attorney at Law Address 1: 602 Pine Street Address 2: City: Texarkana State: Texas Zip+4: 75501-5517 Telephone: (903) 277-9213 ext. Fax: (903) 496-0354 Email: jrsmolarz@gmail.com SBN: 24081154 Add Another Appellant/ Attorney Page 1 of 5 III. Appellee IV. Appellee Attorney(s) First Name: The State of Texas Lead Attorney Middle Name: First Name: Kelley Last Name: Middle Name: Suffix: Last Name: Crisp Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Bowie Country District Attorney's Office Address 1: 601 Main Street Address 2: City: Texarkana State: Texas Zip+4: 75501-5514 Telephone: (903) 735-4800 ext. Fax: Email: kelley.crisp@txkusa.org Add Another Appellee/ SBN: 24062683 Attorney V. Perfection Of Appeal, Judgment And Sentencing Nature of Case (Subject matter Was the trial by: jury or non-jury? Burglary or type of case): Date notice of appeal filed in trial court: December 8, 2015 Type of Judgment: Jury Trial If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: November 10, 2015 Offense charged: Burglary of a Habitation Entry with Commissi Punishment assessed: 15 Years plus $10,000 Fine Date of offense: July 13, 2013 Is the appeal from a pre-trial order? Yes No Defendant's plea: Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If guilty, does defendant have the trial court's certificate to appeal? Yes No Yes No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion in Arrest of Judgment: Yes No If yes, date filed: Other: Yes No If yes, date filed: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit) Motion and affidavit filed: Yes No NA If yes, date filed: Date of hearing: NA Date of order: NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling: Page 2 of 5 VIII. Trial Court And Record Court: 102nd District Court Clerk's Record: County: Bowie Trial Court Clerk: District County Trial Court Docket Number (Cause no): 13F0528-102 Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: Dec 8, 2015 If no, date it will be requested: First Name: Bobby Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Lockhart Suffix: Address 1: 100 N Stateline Address 2: Box 10 City: Texarkana State: Texas Zip + 4: 75501-5677 Telephone: (903) 798-3527 ext. Fax: (903) 798-3301 Email: Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: Dec 8, 2015 Were payment arrangements made with the court reporter/court recorder? Yes No Indigent Court Reporter Court Recorder Official Substitute First Name: Melanie Middle Name: Last Name: Harris Suffix: Address 1: 3414 Colonial Circle Address 2: City: Texarkana State: Texas Zip + 4: 75503-1483 Telephone: (903) 831-6926 ext. Fax: Email: harrisrept@aol.com Page 3 of 5 1X. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Court: Style: Vs. State of Texas X. Signature Signature of counsel (or Pro Se Party) Date: December 10, 2015 State Bar No: 24081154 Printed Name: Electronic Signature: /s/ Randle Smolarz Name: Jonathan Randle Smolarz (Optional) XI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on . Signature of counsel (or pro se party) Electronic Signature: /s/ Randle Smolarz (Optional) State Bar No.: 24081154 Person Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney Page 4 of 5 Please enter the following for each person served: Date Served: December 10, 2015 Manner Served: eServe First Name: Kelley Middle Name: Last Name: Crisp Suffix: Law Firm Name: Bowie County District Attorney's Office Address 1: 601 Main Street Address 2: City: Texarkana State Texas Zip+4: 75501-5514 Telephone: (903) 735-4800 ext. Fax: Email: kelley.crisp@txkusa.org Page 5 of 5