Clarence Ray Johnson v. State ( 2015 )

01-15-00958-CR
CHRIS DANIEL
4Ea HARRIS COUNTY DISTRICT CLERK
FILED IN
November 9, 2015 1st COURT OF APPEALS
HOUSTON, TEXAS
EUSEBIO CHEVO PASTRANO JR. 11/17/2015 8:27:19 AM
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
Clerk
202 TRAVIS, SUITE 307
HOUSTON, TX 77002
Defendant’s Name: CLARENCE RAY JOHNSON
Cause No: 1453162
Court: 179th DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 11/04/15
Sentence Imposed Date: 11/04/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: EUSEBIO CHEVO PASTRANO JR.
Sincerely,
s oosto
.
S. Norris
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
RENEE REAGAN (DELIVERED VIA E-MAIL)
This is your notice to inform any and all substitute reporters in this cause.
1201Franklin P.O.Box 4651 Houston, Texas 77210-4651
i' .
-v
Cause No. M62/6Z
\ THE STATE OF TEXAS
d/ftOPj/tf. \l0flAteOid , A/KJAJ
District Court / County Criminal Court at Law No.
Harris County, Texas
NOTICE OF APPEAL JT
TO THE HONORABLE JUDGE OF SAID COURT:
On b(? '7j
NOTICE OF APPEAL of his conviction.
the defendant in the above numbered and styled causÿTvJs y
rui
—
The undersigned attorney (check appropriate box):
y MOVES to withdraw. 2015
Q ADVISES the court that he will CONTINUE to represent the defendant on appeal.
‘-'ÿosas
/Jar he/e, 4-. Zo)Z``
Date ley (Signature)
Defendant (Printed name)
09
Attorne/ (Printed name)
CJuxrh'/
7
State Bar Number
-lOk/Ylaorÿ #-790
Address
ii-z-m -£>-7-33
Telephone Number
The defendant (check all that apply):
X, 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.
2?
Deftfulant (Signature) Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON NOV 0 4 2015
By Deputy District Clerk of Harris County, Texas
http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without AffirmationJ.docPase I of 2
1/09/08
v
» ** •
ORDER
On the Court conducted a hearing and FINDS that defendant / appellant
IS NOT indigent at this time.
JÿÿIS indigent for the purpose 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 ORDERÿthat
Counsel’s motion to withdraw is GRANTED / DENIED.
Defendant / appellant’s motion (to be found indigent) is DENIED.
QÿJ)efendant’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:
at $ HO 030
TO CONTINUE as presently set.
DENIED and is SET at NO BOND. (Felony Only)
DATE SIGNED: Q
_ DISTRICÿCSURT /
JUDGE PRESIDINGÿ
COUNTY CRIMINALTEXA\
HARRIS COUNTY,
OSURT AT LAW NO.
http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2pages-without Affirmation).docPage 2 of 2
1/09/08
PAUPER’S OATH ON APPEAL
CAUSE NO.: __
__ OFFENSE: *PoS$e$S*o*>
//9tu£.
THE STATE OF TEXAS / 7$ DISTRICT COURT
VS. OF
&M£/L££. dahx/UnO HARRIS COUNTY, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES JIDJVOS6ZZ ., defendant in the above styled and numbered
cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions
the court to: (check all that apply)
PL Appoint appellate counsel to represent him.
DEFENDANT
SUBSCRIBED AND SWORN to before me, this day of .AD., IS
DEPUTY DISTRICT CLERK
n T7rT)0: NOy g Verir
L± DISTRICT COURT
HARRIS COUNTY, TEXAS <2015
°«ÿSS
ORDER
On the court conducted a hearing and found that the defendant is indigent.
G«£lCo \|4$>
The court orders that
defendant/appellant on appeal.
is appointed to represent
4th
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 comu>f the order to the court reporter:
(sgfsl ££ ((BA (rvAW . by citified maibi«£urn receipt requested.
JUDGE PRESIDINQÿ. [Kftf
m _
DISTRICT COtTR
S COUNTYATEXAS
AFFIRMATIi
i. dtkui , 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.
ATTORNEY (SIGNATURE) BAR/SPN NUMBER
•ZQ2
ADDRESS
sJe. 3o7
CITY
~7)t
STATE
1lO0\ ZIP
PHÿNE Wly f[OC rn.ut. 7W
FAX NUMBER
_cX*y/a QOiyk.* o IziS • &
EMAIL ADDRESS
SWORN TO AND SUBSCRIBED BEFORE ME ON ikte
DEPUTY
DISTRICTÿCÿERK (SIGNATURE)
DISTRICT CLERK
Wm Cause No. m
THE STATE OF TEXAS IN I HE/7ÿ DISTRICT COURT
v. COUNTY CRIMINAL COURT AT LAW NO.
Zbifitw Defendant HARRIS COUNTY, TEXAS
TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL*
I, judge of the trial court, certify this criminal case:
j>fl is not a plea-bargain case, and the defendant has the right of appeal, [or]
f~l 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]
1~] is a plea-bargain case, and the defendant has NO right of appeal, [or]
Pjl the de/eÿidant has waived the right of appeal.
NOV 0 4 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 apy right tp file a pro se petition for discretionary review pursuant to Rule 68 of the
Texas Rules of Appellate Pro 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 se .petition for discretionary review.
Defendant :fen< Counsl
Mailing Address: £ State Bar of Texas ED number: /$396 S
Telephone number: _
Fax number (if any): V
Mailing Address:
Telephone number: _
%
Fax number (if any): _
* “A defendant in a criminal case has the righAJ-s
right to appeal in every case in which it enters a jii
S jr these rules. The trial court shall enter a certification of the defendant's
t or gbi4 or other appealable order. In a plea bargain case-that is, a case in
which a defendant's plea was guilty or nolo contendere 'hsd 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).
CLERK
9/1/2011
APPEAL CARD
m , .Cause No.
The State of Texas
Vs
Date Notice
Of Appeal:
_NOV Q 4 2015
ll-HHU
Presentation:
Judgment:
__
Vol.
Vol.
Pg..
Pg.
Judge Presiding,
Court Reporter, "2©*® eeAe>A(sJ
Court Reporter,
Court Reporter,
Attorney
on Trial c fVw few
Attorney
*13 nÿrraBwiMeP
on Appeal.
Appointed \X Hired
_
Offense
Jury Trial Yes v/' No
Punishment
Assessed _
_
Companion Cases
(If Known)
Amount of
Appeal Bond.
Appellant
Confined: Yes
y No
Date Submitted
To Appeal Section NOV 0 4 2015
Deputy Clerk