Telly J. Smith v. State ( 2014 )

CHRIS DANIEL 01-14-01034-CR
HARRIS COLJNTY DISTRICT CLERK
December 24, 2014 FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
BRIAN MARCUS MIDDLETON 12/31/2014 10:44:32 AM
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
7322 SW FRWY., SUITE 1980 Clerk
HOUSTON, TX 77074-7004
Defendant's Name: TELLY J. SMITH
Cause No: 1413462
Court: 230TH DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 12/22/2014
Sentence Imposed Date: 12/22/2014
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: BRIAN MARCUS MIDDLETON
Sinpel Y,
~
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
TRISH MATTHEWS (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. IL:j13 Lfft ~
~ T"~STATEOFTEXAS ,.
~5vti< ~AtKlAl _ _ _ __
2st2 District Court / County Criminal Court at Law No. _ _ __
Harris County, Texas
NOTICE OF ApPEAL
On ----i``'---l.ICI----Io..L..=.``,........:.~- (date), the defendant in the above numbered and styled cause gives
The unjersigne attorney (check appropriate b~x):
~ MOVES to withdraw.
o ADVISES the court that he will CONTINUE to represent the def,
Date
12 - L2- .'
A trey (Printed name)
Chris Daniel
/)!J~az,
Dist,ict Clerk
oLe 2 2 2014
nme:~?"~ 0.....,.·~1~-:--_~
~ty.TG'U!f
$Y,______``------~.
n.:;:uty
nt (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.
/ASKS the Court to ORDER that a free record be provided to him.
o ASKS the court to set BAIL.
Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order
Granting t e requested relief.
/;'
SWORN TO AND SUBSCRIBED BEFORE ME ON ``'I;L""+-------------
By Deputy District Clerk of Harris County, Texas ----H~f\_---------------
hnp://hcdco·intranetJCriminal/Criminal District Courts/Felony Clerks' Inlo Site/Criminal Forms/Nolice of AppeJ.doc Page I of 3
06/01106
ORDER
DEC 2 2 2014
On _ _ _ _ _ _ _ _ the Court conducted a hearing and FINDS that defendant / appellant
o IS NOT indigent at this time.
A ' S indigent for the purpose of
o employing counsel
o paying for a clerk's and court reporter's record.
~ploying counselor paying for a clerk's and court reporter's record.
The Court ORDERS that
o
...,...a--Defendant's / appellant's motion is GRANTED and
o (attorney's name & bar card number)
is APPOINTED to represent defendant / appellant on appeal.
o The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to
defendant / appellant.
BAIL IS:
o SET at $ _ _ _ _ _ _ _ _ _ __
o To CONTINUE as presently set.
.;L-DENIED and is SET at No BOND. (Felony Only)
DATE SIGNED: _ _O::....;E;....::C=----2_2_2_0_14_._ _
E PRESIDING,
11+........-
DISTRICT COURT /
OUNTY CRIMINAL COURT AT LAW No. _ _,
• HARRIS COUNTY, TEXAS
http://hcdco-intriUl<:tJCriminaIlCriminal Dislricl Courts/Felony Ckrks' Into Sil.:lCriminal Forms/Nolice of Appe~.doc Page 2 of3
06/01/06
Cause No.
THE STATE OF TEXAS IN THE& DISTRICT COURT
COUNTY CRIMINAL COURT AT LAW No.
, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF ApPEAL*
I, judge 0 f the trial court, certify this criminal case: ,
.~ ~s not a plea-bargain case, and the defendant has the right·of appeal. [or]
~D 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]
o is a plea-bargain case, but the trial court has given pennission to appeal, and the defendant has the
right of appeal. [or]
o is a plea-bargain case, and the defendant has NO right of appeal. [or]
o the defend the right of appeal.
~"T .11.
10. 11 1'1
Date Signed
. I have received a copy of this. certification. I have also been infonned of my rights concerning any appeal of
this criminal case, inc luding 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 copyofthe.court o.f
appeals's judgment and opinion to my last known address and that·1 have only 30 days in which to file a pro se
.petition for discretionary reviewin the court of appeals. TEX. R. APP. P.68.2 I acknowledge that, ifl 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 any change in my current prison
, . unit. I understand that, because of appellate deadlines, if I fail to timely· fonn my appellate attorney of any
change in yaddress, I may lose opportunity to file~pra sepetition' discretion
State Bar of Texas ID number: ()tJ7ffJ"()~
Mailing Address: 12D 1&:;2£:"
_ _ _..::..T:.:.:lm~e::::=::;;;;;;:::::;;:;:;~_ _ _.....:Telephone
Harrl. County, TellU
BY.----nD::-:.P~U~ty:-----IFax number (if any):
number:
f:!9``f-oo II'
• "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 punislunent reconunended 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 (8) after getting the trial court's permission to appeal." TEXAS RULES OF ApPELU.TE PROCEDURE
25.2(a)(2).
APPEAL CARD
Date Notice ~ .~ ~ .It{
Of Appeal: I h Itt
Presentation: Vol._ _ Pg._ _
Judgment: Vol._ _ Pg._ _
Judge Presiding
Court Reporter
Brat fftiYf
1P1m
:.J
matfh (4I2
Court Reporter
Court Reporter
-------------------
-------------------
Attorney . I'll
on Trial mdn I@; I51tJn UtIVV tJ
Attorney J.t.. ~ A ~.Jr~ ,¥iN1 .. ~
on Appeal ~'v vf/ VJ or VI II ( I J1 (.IJV
Appointed L Hired
Offense ktjJV1dY 1hift'-Juo.-,()CC
Jury Trial: Yes No k
__I_~__````~_~__
~;~:::~_c_a_se_s~n~/~
Amount of
Appeal Bond if
Appellant
Confined: Yes 'Iv No
Date submiti°ed IIJJ ~I Jj~
To Appeal Section,__ _"1_______ 7-t--_'
Deputy Clerk"{·Sftr1 Ch..t/lJ
Notice of Appeal Card RI!\', 9/84