Ex Parte Terry Brown v. State ( 2015 )

CHRIS DANIEL 9 e HARRIS COUNTY DISTRICT CLERK 8 % FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS November 19, 2015 11/23/2015 2:07:38 PM CHIP LEWIS CHRISTOPHER A. PRINE Clerk ATTORNEY OF RECORD 1207 SOUTH SHEPHERD HOUSTON, TX 77019 Defendant’s Name: TERRY BROWN Cause No: 1487550 Court: 338th DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal on Writ of Habeas Corpus filed: 11/16/15 Ruling Made: DENIED ON 11/16/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: CHIP LEWIS Sincerely, S. NORRIS Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas This is your notice to inform any and all substitute reporters in this cause. 1201 Franklin P.O.Box 465l Houston, Texas 77210-4651 Cause No. 14 a $50 THE STATE OF TEXAS V. , A/K/A/ 351 District Court / County Criminal Court at Law No. Harris County, Texas NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: On I NOTICE OF APPEAL of his conviction. Mi (date), the defendant in the above numbered and styled cause gives The undersigned attorney (check appropriate box): -MOVES to withdraw. -a ADVISES the court that he will CONTINUE to represent the defendant on appeal. Date |li/|>otS h Attorney (Signature) I 1MU teM fo. IhAk (Pointed Defendant name) Attorney name) fiiTtQl i on _ FILED State Bar Number . NOV 1 6 2015 nm Address Hstct*. Time: "ftlFilf rs.'di Telephone Number The defendant 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 the requested relief. YDefendant (Signature) Defendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON V 1 fi 2015 By Deputy District Clerk of Harris County, Texas C:\Users\Dorian.Day\Desktop\Dorian Day Work Folder\Appeals\Notice of Appeal (2 paaes-wout Affirmation).doc Page I of 2 1/09/08 ORDER On the Court conducted a hearing and FINDS that defendant / appellant J2i IS NOT indigent at this time. IS 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 ORDERS that Counsel’s motion to withdraw is GRANTED /DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED. Defendant’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: SET at $ _ . CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only) DATE SIGNED: 1 ' JUDGE PRESIDING, V DlSTRiqnCOURT / CotrwÿmÿmL COUNTY, COURT AT LAW NO. HARRIS TEXAS C:\Users\Dorian.Day\Desktop\Dorian Day Work Folder\Appeals\Notice of Appeal (2 pases-wout Affirmalion).doc Page 2 of 2 1/09/08 Cause No . mÿo ft THE STATE OF TEXAS IN THE DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. , Defendant HARRIS COUNTY, TEXAS TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* I, judge of the trial court, certify this criminal case: H is not a plea-bargain case, and the defendant has the right of appeal, [or] I I 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] I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] n is a plea-ba?*gain case, and the defendant has NO right of appeal, [or] PILED O the dgjfemannhas waived the right of appeal. )sVJc?8«« MOV 16 20® NOV 1 6 2015 Judge Date Signed Time: sy I have received a copy ns 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. X Defendant Defendant s Counsel Mailing Address: _ State Bar of Texas ID number: nrMu JT Telephone number: Mailing Address: X Fax number (if any): Telephone number: ,ft3 *3ÿ33ÿ3ÿ_ 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). APPEAL CARD Court- „ Cause Ng. "N iwasv The State of Texas Yems IH(H5 Date Notice Of Appeal: //-/& _ Presentation: Judgment: Vol. VoL _ Pg._ Pg._ Judge Presiding c&OCJk llJrn46r Court Reporter_ Court Reporter Court Reporter_ Attorney on Trial_ dJ/l\p_ UkUS Attorney on Appeal Qj/Ufi Appointed Hired Offense p-iss Ll/NT Jury Trial: Yes. No. / Punishment Assessed _ uM-_ _ Companion Cases (If Known) Amount of Appeal Bond _ U)JLhi Appellant Confined: Yes f No Date Submitted To Appeal Section •MOV 1 6 2015 Deputy Clerk