Pedro Reyes Trejo v. State ( 2014 )

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1 REPORTER'S RECORD
2 TRIAL COURT CAUSE NO. 04-06-11756
3 COURT OF APPEALS NO. 14-14-00513-CR FILED IN
14th COURT OF APPEALS
4 PEDRO REYES TREJO, ) IN THE DISTRICT HOUSTON,
COURT TEXAS
Appellant ) 12/29/2014 9:32:00 AM
5 vs. ) WALLER COUNTY,CHRISTOPHER
TEXAS A. PRINE
) Clerk
6 THE STATE OF TEXAS, )
Appellee ) 506TH JUDICIAL DISTRICT
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9 _____________________________________________
10 STATUS HEARING
_____________________________________________
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13 On the 16th day of December, 2014, the following
14 proceedings came on to be held in the above-titled and
15 numbered cause before the Honorable Albert M. McCaig,
16 Judge Presiding, held in Hempstead, Waller County, Texas.
17 Proceedings reported by computerized stenotype
18 machine.
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1 APPEARANCES
2 FOR THE STATE:
3 Ms. Laurie Sellers
SBOT NO. 10143800
4 Waller County District Attorney's Office
645 12th Street
5 Hempstead, TX 77445-4445
Telephone: (979)826-7718
6 Fax: (979)826-7722
7 FOR THE APPELLANT:
8 Mr. Calvin Garvie
SBOT NO. 07714300
9 LAW OFFICE OF CALVIN GARVIE
P.O. Box 416
10 Bellville, TX 77418
Telephone: (979)865-5456
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THE INTERPRETER:
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Mr. James Rivera
13 (713)521-7373
14 Also Present:
15 Chief Deputy Joe Hester
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1 CHRONOLOGICAL INDEX
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December 16th, 2014
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Appearances................................... 2
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Proceedings................................... 5
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Adjournment................................... 4
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Court Reporter's Certificate.................. 5
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8 EXHIBITS
9 (None offered)
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1 P R O C E E D I N G S
2 THE COURT: This is Cause Number
3 04-06-11756, the State of Texas vs. Pedro Reyes Trejo.
4 Mr. Trejo, Mr. James Rivera is going to
5 assist in the interpretation of this particular matter,
6 okay? Mr. Trejo, you had filed an appeal earlier based
7 upon a ruling of this Court and the 14th Court of Appeals
8 has abated or held your appeal and ordered me to hold a
9 hearing and ordered you to be present at that hearing,
10 and that's why we've brought you in today. Do you
11 understand that, sir?
12 MR. TREJO: Yes.
13 THE COURT: And I am required to find out
14 if you desire to continue with your appeal. So do you
15 wish to continue with your appeal?
16 MR. TREJO: Yes.
17 THE COURT: Very well --
18 MS. SELLERS: And, Judge, I don't know if
19 it needs to be more specific; but the appeal is as to the
20 Defendant's original motion for second DNA testing and no
21 other issues.
22 MR. RIVERA: He understands. He concurs
23 with what Ms. Sellers said.
24 THE COURT: Very well.
25 And, sir, do you have the ability to
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1 employ your own attorney?
2 MR. TREJO: No.
3 THE COURT: Very well. I'm going to
4 appoint Mr. Calvin Garvie to handle the appeal, and I
5 believe this will be called a Chapter 64 appeal.
6 MR. GARVIE: That is correct, Judge.
7 THE COURT: And those matters that are
8 pertaining thereto. So the Court does specifically find
9 that Mr. Trejo does wish to pursue his appeal. The Court
10 does find specifically that Mr. Trejo is indigent, and
11 the Court does find that Mr. Trejo is entitled to
12 appointed counsel. The Court does find that a record of
13 these hearings will be made, and the court reporter will
14 be directed to file a record of these proceedings with
15 the Court of Appeals no later than December 25th of 2014.
16 Very well. With that, do you have any
17 questions?
18 MR. TREJO: No.
19 THE COURT: You will be held here a little
20 bit longer.
21 Chief, do we know when we're taking him
22 back? Today?
23 MR. HESTER: Today.
24 THE COURT: Very well. I would like to
25 allow Mr. Garvie a little bit of time to talk to Mr.
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1 Trejo before then.
2 MR. HESTER: No problem.
3 THE COURT: I will prepare the proper
4 order and this will be provided to the 14th Court of
5 Appeals along with the record that was made today and you
6 will be allowed to pursue your appeal. Very well?
7 MR. TREJO: Thank you.
8 THE COURT: Thank you, Mr. Garvie. That
9 concludes this hearing.
10 (Proceedings adjourned.)
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1 THE STATE OF TEXAS )
2 COUNTY OF WALLER )
3 I, Margaret Raiford, Substitute Reporter
4 in and for the 506th District Court of Waller County,
5 State of Texas, do hereby certify that the above and
6 foregoing contains a true and correct transcription of
7 all portions of evidence and other proceedings requested
8 by counsel to be included in this volume of the
9 Reporter's Record, in the above-entitled and numbered
10 cause, all of which occurred in open court or in chambers
11 and were reported by me.
12 I further certify that this Reporter's
13 Record of the proceedings truly and correctly reflects
14 the exhibits, if any, admitted by the respective parties.
15 I further certify that the total cost of
16 the preparation of this Reporter's Record is $100.00 and
17 will be paid by the County of Waller.
18 WITNESS MY OFFICIAL HAND on this the 26th
19 day of December, 2014.
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21 /s/ Margaret Raiford
22 Margaret Raiford, CSR 9192
Expiration Date; 12/31/16
23 Certified Shorthand Reporter
327 N. Knox
24 Giddings, TX 78942
(979)716-7122
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