Jose Luis Garza-Ramirez v. State ( 2015 )

CERTIFIC``ATE NOTICE OF APPEAL COUNTY COURT AT LAW NO. § an F"ll iii lB THE STATE OF TEXAS VS.JOSE LUIS GARZA-RAMIREZ CAUSE NO. 478490 l. Has counsel for defendant filed a motion for new trial? Yes § No If`` so, date filed Date motion granted/denied Date new trial held The defendant in this cause was convicted of the offense of AS SULT BODILY TN.TURY- MARRIED 2. The Honorable CRYSTAL CHANDLER presided at the triaI. 3. The state was represented by: EDWARD APPLEBAUM 4. The state is represented by: EDWARD APPLEBAUM 5 . The defendant was represented by: WILLIAM ORBELO 6. The defendant is represented by: MICHAEL LEE YOUNG 210-335-0701 00794895 ADDRESS PHONE NO. STATE BAR NO. 7. Defendant’s counsel on appeal is: Retained Appointed § pro se S. The trial was before the court: A. Without a Jury B. A jury on guilt only C. A jury on punishment only D. jury on both guilt and punishment § 9. Thesentence was imposed/suspended on 06/3 0/2015 at $1500 FINE $1300 PROB CC 2YRS PRB OVER l AFFV BIPP PARENTING CLASSES TAIP EV'AL ANY RECOMS REG UA'S NO HIC W/NICOLE CASIMIRO NO FIREARMS RE WfBIPP W/IN 10 DYS RUN CC W/47S49l 80 CSH $lOO FEE TO BATI'ERED WOMEN'S SHELTER,30 DYS BCJ AS'COND OF PROB WORK RELEASE APPROVED $50 SUPV FEE. 10. Date written notice of appeal was filed 07/02/2015 1 I. Defendant is: in jail Free on bond in the amount of $ . 12. Name and address of the court reporter who reported the evidence: KANDY HALLE 30_0 DOLOROSA SAN ANTONIO TEXAS 7820]5 13. ``lf two or more cases were tried together, the other cases that have been or may be appealed are: (Name and ause #) 478491 GERARD RICKHOFF CLERK oF coUNTY collar AT LAW No 13 Ex -C T;;;As BY DEPUTYLH_ - 7 il>i'l\@l NO_ 473490 rata lie ar ernst GERARD‘RlCKHUFl-`` , ``.‘-BUHTY Cl_l.~"..l``ti“§ t”,»R CQ. ' STATE OF TEXAS § IN THE COUNTY COURT v § ann Jut -2 A ll= on vs. § AT LAW NO. 13 § l JOSE LUIS GARZA-RAMIREZ § BEXAR COUNTY, TEXAS NOTICE OF APPEAL TO THE I-IONORABLE .TUDGE OF SA]D COURT: JOSE LUIS GARZA-RAMIREZ, Defendant in this action, on this the Z”d day of July, 2015, and Within 30 days of sentence having been_ pronounced against him, files this written notice of appeal of the conviction'to the Court of Appeals, 4th Supreme J udicial District, San Antonio, Texas. Wherefore, premises considered, defendant prays this notice of appeal be entered of record on this date. Respectlillly submitted, LAW OFFICE OF W. LdICHAEL ORBELO 401 Isom Rd., Ste. 235 San Antonio, TX 78216 (210) 264-7539 (866) 246-2457 Fax By: ‘. /%c/ W. L/IICHAEL ORBELO Statc BaI NO. 007863 85 Attorney for JOSE LUIS GARZA-RAl\/IIREZ`` CERTIFICATE 0F sERViCE This is to certify that on July 2, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Oflice, Bexar unty, by hand delivery. &L/ W. MCHAEL oRB"§I:o . n.. =_ :: 35::;:':-;¢:;3=;~§\_:5.;1::¢",; .-:;.;L…“§ ‘.‘,n.; .'.‘_“__-=.r.' -;"5.*;._=;, va .H.- ,d._, .._1,.~__,:..._. ‘ .,‘ . _ ., 7 _ l- ";‘r:'__'_._k'#_.:__‘;_ f'L-_J,\,r_,w’_:._i'.-_.``l ._.'a, ‘__i._..-Er T_h$ -:_-=;;_,. »;;~ (Jscz any _qg§ FEE noerr voL. _0__ PAGE _0 cERTIFIED copy or JUDGMENT or coercTroN oN PLEA or GUILTY, JURY- rRrAL PROBArroN COURT COST FINE TOTAL CFTS 292.00 1,500.00 1,192.00 2 ms rN earn $1500 FrNa($laoo PRB)+ $50 sunv FEE + $100 BATTERED wormn's saELTnR+ cc 1YR nea PRoB/sUSP 2 YRS,AFFV,BIPP,PARENTING ch.ssEs,TA:cP Evn:t. AND ANY REchs, ana uzt's,No nrc w/Nrcor.s: cnnmzo,No FIREARMS,REG w/BrPB W/:Lo DYs,RuN cc 478491 80 ms cs,so nrs BcJ ns conn on PRoB(woRK RELEASE APPRovED) ,REPC>RT To wRK RELEASE BY FR:: ?/3/15,DEF m RPT To PRB 7/3./15 mr :led.PER amc cHaNDLER ns AFFImaA'J:IvE FINDING oF FAM.rLY vroLENcE 1 YR Pnoanrrozv THE srArE oF TExAs JUDGMENT cause No. 478490 VS oFFENsE AssAur.-r: nonrr.Y rNJoRY-MARRIED/ JOSE LUIS GARZA'-RAMIR.EZ ON THE 30th of Ji.'mec 2015, THE ABOVE ENTITLED AND NUMBERED CAUSE AS CALL.E.'D. THE STATE OF TEXAS APPEARED BY HER ASSISTANT DISTRICT ATTORNEY, EDWARD A APPELBAUH. THE DEFENDANT, JOSE LUIS GARZA-RAMIREZ APPEARED IN' PERSON AND BY COUNSEL, WILLIRM M. ORBELO. HAVING BEEN DULY ARRAIGNED, THE DEFENDANT ENTERE A PLEA oF GUILTY ro ran oFFENsE cHARGED IN THE INFORMATION. THE HEARING WAS BEFORE A JURY wHo, AFTER AccEPTING THE PLEA, THE cHARGE oF THE coURr, AND ANY ARGUMENT oF couNsEL THERECN, RENDERED A vaanrcr As FoLLot-.'S: wn, THE suar, iran THE DEFENDANT, Josn Lurs GARzA-Rm~i:ranz GUILTY. /S/ sTEvnN LANDKAMaR FOREMAN IT rs THEREFORE coNsIDERED, onDERED, AND ADJUDGED BY ran cor)Rr THAT ran SAID DEFENDANT rs GUILTY oF ran oFFENsE oF.- AssAur.T Bonrr.r rNJ'th-MARRIED/ As FOUND BY THE VERDICT oF THE JURY AND -sAID DEFENDANT comrrrnn sAID oFFENsE. 0N 16th of ne¢ember¢ 2014 AS caARGED IN THE INFORMATION, AND THAT an an PUNISHED, As DETERMINED BY THE coURr.~ n FrNE oF $1,500.00 AND connor cosTs $292.00 mm 2 YRs rN JAIL. IT IS FURTHER ORDER.ED BY THE COURT THAT THE STATE OF TEXAS DO HAVE AND RECOVE'R OF THE DEFENDANT THE SAID FINE HEREIN IMPOSED UPON H.T.M. ANU ALL COSTS OF THE PROSECUTION, FOR WHICH EXECUTION MAY ISSUE AGAINST THE PROPERTY OF SAID DEFENDANT,' AND THAT THE DEF.E'NDANT, BEING PRESENT IN COURT, BE COM\JITTED TO JAIL, THERE ".L"O REMAIN IN CUSTODY UNTIL SAID FINE AND ALL COSTS ARE PAID UNTIL HE SHALL HALT FULLY SATISFIED AND DISCHARGED THE JUDGEMENT AND SENT.ENCE HERE'IN IMPOSED UPON HIM. ON 'THE 30th of \'.l‘|..'l.nel 2015, THIS CAUSE AGAIN BEING CALLE``D, THE STATE APPEARED BY HER ASSISTANT CRD£INAL DISTRICT ATTORNEY, EDWIARD A APPELBAUM. THE DEFENDANT APFEARED IN PERSON AND REPRESENTED BY COUNSEL W’.ELLIAM M. ORBELO FOR THE PURPOSE OF HEARING ON SAID DEFENDANT’S APPLICATION FOR ADULT PROBATION. THE COURT HAVING DULY CONSIDERED ALL THE MATTERS PRESENTED IS OF THE OPINION THA'I' .PROBATION SHOULD BE GRANTED. THEREFORE, IT IS ORDERED, ADJUDGED AND DE``CREED THAT THE IMPOS'ITION OF SENTENCE (EXCE'PT THAT PORTION THERE'OF PERTAINING TO A FINE OF $1¢500.00 AND COSTS OF PROSECUTION $292.00, WHICH IS HEREBY ORDERED EXECUTED} IS SUSPENDED. TH DEFENDANT IS HEREBY PLAC.E‘D ON ADULT PROBATION FOR A' TE'RM OF l YR EFFECTIVE ON THE 30th Of \:l‘l.'\l.¥lec 2015 AND CONDITIONED THAT THE DEFENDANT FULLY COMPLIES WITH AND ABIDES BY ALL THE TERMS OF PROBATION AS A.RE CONTAINED IN THE ORDER GRANTING PROBATION, WHICH ORDER IS ATTACHED HERETO AND MADE A PART OF THIS JUDGMENT. IT IS FURTHER ORDERED BY THE COURT THAT THE STATE OF TEXAS DO HAVE AND RECOVER F.ROM SAID DEFENDANT (THE FINE HERETOFORE IMPOSED AND) ALL COSTS OF P.ROSECUTION FOR WHICH EXECUTION MAY ISSUE. THE COURT THEREUPON FULLY ADVISED THE DEF.E'NDANT OF HIS AFPELLATE RIGHTS. AS IT APPEARING THAT THE DEFENDANT HAS BEEN IN JAIL, FROM THE Tl'l‘d’E OF HIS ARREST AND CONFINEMENT ON THE FOLLOWING DA``I``E (S).° N/A HE IS HEREBY GIVEN CR.E.'DIT FOR THE SAID DEFENDANT HAS $PENT IN JAIL IN' SAID CAU$E. I‘.i." IS FURTHER ORDERED BY THE COURT THAT THE STATE OF TEXA.S DO HAVE AND RECOVER FROM SAID DEFENDANT ALL COSTS OF PROSECUTION FOR WHICH EXECUTION MAY I.S.S'UE. SIGNED AND ENT.E.``RED OF RECORD THIS 30th Of \J'l.l.l'!.el 2015. JUDGE, C UNTY COUR AT LAW NO. C__C13 XAR C TY, TEXAS RIGH.'L" THUMB SIGNATURE ( ;:‘: lmullllll\llllllllll\llullll . . _ . ' ... n `` "' -:.-" ,``\. _ _`` _ 4 , - - 1 _‘.\ 1 ~_.. -~r_ ___ '._, ~ , » '~.- onchNAL CCC $$ 83.00 CAA $ T CLK $ 40.00 DA $ 25.00 JF $ 15.00 JURY $ 20.00 RMP $ 22.!>0 CS $ 3.00 TP $ 25.00 JR $ 4.00 CCR.MF $ 2.50 JSF $ 6.00 INDIG $ 2.00 CRTCH $ 4.00 FINE $ 1500.00 FN PROB 1300.00 EFE'-CIV 5.00 PEACE OF 35.00 TOTAL 1,192.00 THE STATE OF TEXAS COUNTY OF BEXAR CERT|FlCATE I, GERARD RICKHOFF, CLERK OF THE COUNTY AT LAW NO. CC13, OF BEXAR COUNTY, TEXAS, DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY' OF THE JUDGME.'NT OF CONVICTION AN'D SENTENCE IN THE CAUSE STYLED, THE STATE OF TEXAS V$. JOSE LUIS GARZA~RAMIREZ AND BEING NO. 478490 IN THE CRIMINAL .DOCKET OF SAID COURT, AND AS APPEARS IN THE`` CRIMINAL MINUTES OF $AID COURT IN SUCH CAUSE. IN TESTIMONY WHEREOF WITNESS MY HAND AND OFFICIAL SEAL IN THE COUNTY OF BEXAR, TEXAS, ON THIS THE 30th of Junel 2015. GERARD RICKHOFF CLERK, COUNTY COURT AT LAW NO. CC13 BEXAR COUNTY, TEXAS __ DEPUTY ..J SHER|FF’S RETURN Came to hand the day Of , A.D. 20 . And executed the day of , A.D. 20 . BY SHERIFF, BEXAR COUNTY, TEX.AS BY DePutY No- 4”§» 1:) is an adjudication of guilt following a deferred adjudication, and defendant has limited right of@gpea,q@§.-TCODE CRiM. Pnoc. 42. 12 § 5 (b)); C'.> §§ a _ §:"f)ef``end``ant: Mailing address: §§ ¢ }Z cwa/l era Telephone Number“. Z.lc? ’ gi 25' '?¢/° (] Fax Number if any: by written comrmmication, 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 deadlinds, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportmlity to file a pro se petition for discretionary review. %//1-»/ Defendant’s Counsel: .{/. (‘¢( erie e 19 State Bar ofTexas lDNo. 29 § §§ §§ Mailing Address: Telephone Number. Fax Number if any: A defendant`` m a criminal case has the right of appeal under these rules The trial court shall enter a certification of the defendants right to appeal 1n every case in winch 1t enters a judgment of guilt or other appealable order. ln a plea bargain case~that ls, 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 éal 6iily'-: (A) those matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court’ s permission to appwl. ” 'I``EXAS RULE OF APPELLATE PROCEDURE 25. 2(a)(2).