Sandra F. Berry v. State ( 2015 )

CHRIS DANIEL
ISl HARRIS COUNTY DISTRICT CLERK
April 29, 2015 FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
RANDALL J. AYERS 5/1/2015 10:45:40 AM
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
P.O. BOX 1569 Clerk
HOUSTON, TX 77251-1569
Defendant’s Name: SANDRA F. BERRY
Cause No: 1462610
Court: 185™ DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 4/24/15
Sentence Imposed Date: 4/24/15
Court of Appeals Assignment: Fourteenth Court of Appeals
Appeal Attorney of Record: RANDALL J. AYERS
S/5
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
CARRIE LOGAN (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
(ÿ2MIO
Cause No.
THE STATE OF TEXAS
V.
m
, A/K/A/
/
/#>? District Court / County Criminal Court at Law No.
Harris County, Texas
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
On 2APR 4 2015 (date), the defendant in the above numbered and styled cause gives
NOTICE OF APPEAL of his conviction.
The undersigned attorney (check appropriate box):
JO MOVES to withdraw. / '-f /
9 *7
ADVISES the court that he will CONTINUE to represent tl faant on.appeal.
APR 7 A
m Ttoi iigpqture)
Defendant,(Printed imme) /AKOrHey (Printed name)
ED State Bar Numberÿ
Chris Daniel
District Clerk
/
APR 2 2015 Address
Time:. Harris County, !«*<*»
7
Telephone Number
The defendant (chÿHrall that apip4y)i7
REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT
appellate counsel to represent him.
g/ÿASKS 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) v Defendant’s Printed name y/
SWORN TO AND SUBSCRIBED BEFORE ME ON
APR 2 4 2015
By Deputy District Clerk of Harris County, Texas
C:\Users\christina.czepinski\Desktop\TRIAL INFOYAPPEAL SOPS & INFOYNOTICE OF APPEAL (2 pages-wout Affirmation).doc Page 1 of 2
1/09/08
ORDER
On APR 7 4 PDll the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time.
IS indigent for the purpose of
employing counsel
paying for a clerk’s and court reporter’s record.
tlÿmploying counsel or paying for a clerk’s and court reporter’s record.
The Court ORDERS that
motion to withdraw ifrÿ38ftNTEiÿM)ENIED.
Defendant / appellant’s motion (to be founJindigent) is DENIED.
a Defendant’s / appellant’s motion is GRANTED and
(attorney’s name & bar card number)
is APPOINTED to represent defendant / appellant on appeal.
flKThe COURT REPORTER to prepare and file the reporter’s record without charge to
ORDERED
BAIL IS: 0
<
SET at $
TO CONTINUE as presently set.
DENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: APR 2 4 7ni«?
ch
IUDQE PRESIDING, X
["ÿÿDISTRICT COURT7
COUNTY CRIMINAL COURT AT
HARRIS COUNTY, TEXAS
fSa
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1/09/08
Cause No. W IQ
THE STATE OF TEXAS IN THE COURT
v. COUNTY CRIMINAL COURT AT LAW NO.
tSfyUPgA "5>&£-ey|)efendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
I, judge of the trial court, certify this criminal case:
Ej is not a plea-bargain case, and the defendant has the right of appeal, [or]
|~1 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]
|~1 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the
right of appeal, [or]
is a plea-bargain case, and the defendant has NO right of appeal, [or]
I I the defendant has waived the right of appeal.
fcvx APR i A ana
Date Signed
Judge
\
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 Criminal 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 repetition for discretionary review.
:fendant's Counsel
Mailing Address:
DlK?c?K State Bar of Texas ID number:
Time:
APR 2 4 2015
Telephone number gagg cm.„.y Mailing Address:
Fax number (if any): L,gputy 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).
9/1/2011
CLERK
/
PAUPER’S OATH ON APPEÿLÿ
CAUSE NO.: _ OFFENSE:
THE STATE OF TEXAS DISTRICT COURT
VS. OF 5JW: ozsooaÿ 1
Sfinobt (Berr-t/ [S COUNTY, TEXAS
7
TO THE HONORABLE JUDGE OF SAID COURT?
NOW COMES defendant in the above styled and numbered
cause, and states under oath that he is without fundÿ property or income. The defendant respectfully petitions
the court to: (check all that apply)
Appoint appellate counsel to represent him.
Asks the court to order that a free,record be provided to him.
DEFENDANT V
SUBSCRIBED AND SWORN to before me, this_oN_day of A.D.. 20 (S
*JSS?kn l i 206
_DISTRICT
DpgJTY DISTRICT CLERK
COURT
HARRIS COUNTY, TEXAS
OePu'ÿ
ORDER
On Al5?ns the court conducted a hearing and found that the defendant is indigent.
fa The court orders that £MJoA.Lt-T M&U is appointed to represent
defendant/appellant on appeal.
JgT The court reporter is ordered to prepare and file the reporter’s record without charge to the
defendant/appellant.
It is furtherordered that the clerk of Ibis court mail a copy of the order to the court reporter:
_ by certified mail return receipt requested.
Wmf»OURT
HARRIS TEXAS
COUNTY,
AFFIRMATION
T A jejZl , 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
appropriate action as deemed necessary.
014ÿ5*? S3
ATTORNEY (SIGNATURE)3 NUMBER
T72Sl-t5&
ADDRESS CTTY STATE ZIP
PHONE FAX NUMBER
f TAV6ei MTJJ ® tmmMir'
EMAIL ADDRESS APR 2 7 2fiio
.s.; : :A
SWORN TO AND SUBSCRIBED BEFORE ME ON
1
DEPUTY DISTRICT CLERK (SIGNATURE)
'T
jblSlBltr CLERK
APPEAL CARD/
,w
Court
%S> w- The State of Texas
Cause No.
NHUSUO
Vs
6Atopi£A ?. 'fe-gjrriÿ
ZUft _
Date Notice
Of Appeal: APR 2 4
Presentation: Vol. P&.
Judgment: VoL Pg,
Judge Presiding S»A 'ÿuroÿ0
Court Reporter
Court Reporter _
_
OA QJL\ fc L- O 6-A - De AYS VS
Attorney
on Appeal o\
Appointed Y* Hired
Offense \y\Orÿt-(l
Jury Trial: Yes No
Punishment
Assessed _ TP C.
Companion Cases
(If Known) \mo9k| —.
/
Amount of
Appeal Bond -O'
Appellant
Conflned: Yes ft No
Date Submitted
To Appeal Section
Deputy Clerk
Notice of Appeal Card Rev. 9/84