Roel David Gonzalez v. State ( 2015 )


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  •                                  01-15-00902-CR
    CHRIS DANIEL
    HARRIS COUNTY DISTRICT CLERK
    FILED IN
    1st COURT OF APPEALS
    October 20, 2015                                                            HOUSTON, TEXAS
    10/23/2015 11:36:48 AM
    WAYNE HILL                                                              CHRISTOPHER A. PRINE
    ATTORNEY OF RECORD                                                              Clerk
    4615 SW FRWY #600
    HOUSTON, TX 77027
    Defendant’s Name: ROEL DAVID GONZALEZ
    Cause No: 1325153
    Court: 1 77th DISTRICT COURT
    Please note the following appeal updates on the above mentioned cause:
    Notice of Appeal Filed Date: 10/16/15
    Sentence Imposed Date: 1 0/1 2/1 5
    Court of Appeals Assignment: First Court of Appeals
    Appeal Attorney of Record: WAYNE HILL
    Sincerely,
    S>
    S. NORRIS
    Criminal Post Trial Deputy
    CC: Devon Anderson
    District Attorney
    Appellate Division
    Harris County, Texas
    LINDA HACKER (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. 1325153
    THE STATE OF TEXAS
    9*
    V.
    ROEL DAVID GONZALEZ
    h
    District Court / County Criminal Court at Law No. 177™
    _                     Harris County, Texas          _
    NOTICE OF APPEAL
    TO THE HONORABLE JUDGE OF SAID COURT:
    on r> ch                        2-csj y              (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.
    T3*" ADVISES the court that he will CONTINUE to represent the defendant on appeal.
    Date
    \M.
    7
    lDg.7~ «=.       gjg-*
    Harrla County, Taxaa                 Address
    By.
    Daputy                             n n- 5XJji
    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.
    Hr   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.
    (L
    Defendant (Signature)
    'Pod
    Defendant’s Printed name
    0.
    SWORN TO AND SUBSCRIBED BEFORE ME ON                                                             iohb ( ( V
    By Deputy District Clerk of Harris County, Texas
    .htip://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3pages-w Affirmation).docx Paae 1 of 3
    06/01/06
    Si
    ORDER
    On      /&      - -/(t / T" the Court conducted a hearing and FINDS that defendant / appellant
    IS NOT    indigent at this time.
    JSC IS indigent for the purpose of
    counsel
    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
    motion to withdraw i                         DENIED.
    Defendant / appellant’s motion (to be found indigent) is DENIED.
    y Defendant’s / appellant’s motion is GRANTED and
    M            (A)                                          _(attomey’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.
    DENIED and is SET at No BOND. (Felony Only)
    DATE SIGNED:            /0            «•
    /
    _
    JUDGETRESIDIlÿG;
    DISTRICT COURT /
    COUNTY CRIMINAL COURT AT LAW NO.
    HARRIS COUNTY, TEXAS
    http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3
    06/01/06
    NO.   1325 (6*4
    THE STATE OF TEXAS                                                      §         IN THE DISTRICT COURT OF
    HARRIS COUNTY, TEXAS
    jÿgVj                                           Z)-                     §
    §                       JUDICIAL DISTRICT
    DEFENDANT                '
    OATH OF INDIGENCE
    TO THE HONORABLE JLJDGE OF SAID COURT: ,7
    The defendant,                                               under oath that he is without funds, property or
    income. The defendant respectfully asks me Court to appoint counsel to represent him in filing an application for a
    writ of habeas corpus seeking relief from final conviction under TEX. CODE CRIM. PROC. Chapter 11. The
    defendant also asks the Court to order that a free record be provided to him.
    DEFENDANT
    0
    SUBSCRIBED Ajg)|WgR]po0fore me, this                            \(p   day of   0 Cjt~        3009: Z.O iS"-
    Chris Daniel
    District Clerk
    OCT 16 2015                             DEPUTY DISTRICT CLERK
    fiÿRÿ _
    Time:_
    Harris County, Texas                         DISTRICT COURT
    By.                                                    COUNTY, TEXAS
    Deputy
    ORDER APPOINTING COUNSEL
    On                                      the Court conducted a hearing and found that the defendant is indigent.
    S’        The Court ORDERS that                                ne       tmi
    torrepresent the defendant/applicant under TEX. CODE CRIM. PROC. Chapter 11.
    is appointed
    The Court ORDERS the court reporter to prepare and file the reporter’s record without charge to the
    aefendant/applicant.
    (1)
    (2)
    _
    The Court further ORDERS that the clerk of this court send a copy of this order and the judgment in this case to:
    the court reporter:
    the postconviction writs division of the Harris County District Attorney’s Office; and
    ;
    (3)       the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711.
    The court further ORDERS that above-named counsel and counsel for thlegate appear for a status conference on
    /   e((
    JUDGE PRESIDING, ]       DISTRICT COURT
    HARRIS COUNTY, TEXAS
    AFFIRMATION
    _                                             Attorney at Law, swear or affirm that I will be solely responsible
    for writing an application for writ of habeas corpus and representing the defendant/applicant under TEX. CRIM.
    CODE                                perform my duties as habeas counsel, I will immediately notify the Court.
    CÿÿÿMÿÿIÿmunableÿto
    Attomey-awLaw (Signature)                       ,            .    BAR Number / SPN
    nas
    Address                        /
    (77027)             tj&iz 77c '232037
    City / State / Zip
    Phone                                                              FAX
    SUBSCRIBED AND SWORN to before me, this                         JJz   day of    tOdht                       , 20    /or
    &
    DEPUTY 1      JCTCLERK
    DISTRICT CLERK
    m                                                      Cause No.
    132515301010
    ©
    THE STATE        OF   TEXAS                                                   IN THE 177TH          DISTRICT COURT
    v.                                                                            COUNTY CRIMINAL COURT AT LAW NO.
    ROEL DAVID GONZALEZ                                                           HARRIS COUNTY, TEXAS
    TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT
    I, judge o£the trial court, certify this criminal case:
    OÿÿMEÿL*
    QQJ.
    12]
    \2\     is not a plea-bargain case, and the defendant has the right of appesQ'far] appdtÿorpÿ)ÿÿ
    3 *
    is a plea-bargain case, but matters were raised by written motion filedaheLanletfÿjfjefore 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 defehdqnt has the
    right of appeal, lor]
    is a plea-hafÿain case, ana the defendant has NO right of appeal, [or]
    the defendant has waiyra the right of appeal.
    OCT 0 9 2015
    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 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.
    W# CD
    Defendant                                                                 Defendant's Counsel
    Mailing Address:                                                          State Bar of Texas ID number:
    Telephone number:                                                         Mailing Address:                   C*      c*— J   \          O'*
    Fax number (if any):                                                      Telephone number:            9i1 3 -s
    Fax number (if any):               / S>
    * “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
    4
    APPEAL CARD
    \
    ML                                    Cause No.
    /3*S7rS i
    The State of Texas
    (ffiP j                           ip "Z-   _
    Date Notice                    jo- (a-        &
    Of Appeal:     ULmJjL
    Prcscntation:                 VoL           Pg-.
    Judgment:                     VoL           Pg-.
    Judge Presiding
    Court Reporter_
    flu3 fftifttkf
    6/7
    Court Reporter_
    Court Reporter_
    Attorney
    on Trial.   Ho/ilm
    &             SckaJiidtL.
    Attorney
    on Appeal     kJfiunt M
    Appointed.             Hired
    Offense   fiClfi Jex $S5vlt Chifcf
    Jury Trial:            Yes            No
    Punishment
    Assessed   _                                

Document Info

Docket Number: 01-15-00902-CR

Filed Date: 10/23/2015

Precedential Status: Precedential

Modified Date: 9/30/2016