Toni Tavarez v. State ( 2015 )

CHRIS DANIEL 01-15-00268-CR
©
March 18,2015
HARRIS COUNTY DISTRICT CLERK
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
3/24/2015 12:59:29 PM
DAUCIE SCHINDLER CHRISTOPHER A. PRINE
ATTORNEY OF RECORD Clerk
1201 FRANKLIN, 13™ FLOOR
HOUSTON, TX 77002
Defendant’s Name: TONI TAVAREZ
Cause No: 1450059
Court: 177™ DISTRICT COURT
Please note the following appeal updates on the above mentioned cause-
Notice of Appeal Filed Date: 3/12/15
Sentence Imposed Date: 3/12/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: DAUCIE SCHINDLER
Sincerely,
3. M&&C5
S. NORRIS
Criminal Post Trial Deputy
CC. Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
LINDA HACKER (DELIVERED VIA E-MAIL)
This is your notice to inform any and all substitute reporters in this cause.
1201 Franklin PO Box 4651 Houston, Texas 77210-4651
f - 1l
Cause No. 145005901010
:2- 9°)
THE STATE OF TEXAS
V.
TONI TAVAREZ
PA
177™ District Court / County Criminal Court at Law No.
Harris County, Texas F Chrii ED
I LDaniel
District Clerk
NOTICE OF APPEAL MAR 1 3 2015
Time:. Harris County, Texas
TO THE HONORABLE JUDGE OF SAID COURT:
By
Deputy
On (date), the defendant in the above numbered and styled cause gives
NOTICE OF APPEAL of his conviction
The undersigned attorney (check appropriate box):
MOVES to withdraw
ADVISES the court that he will CONTINUE to represent tj indant on appeal
3//«//.
Date Attornev-fSignature)
Defendant-ÿ riÿteÿ- naye) JJ orney
Attorney (Printed name)
Chris Daniel
District Clerk
MAR I 2 2015
State Bar Nurnhw zp/j . --
„
Time:. Address
Harris County, Texas
By
Deputy
7/5 2-2 Ss~4-7
Telephone Number
The defendant (check all that apply):
to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT
appellate counsel to represent him
f$$SKS the Court to ORDER that a free record be provided to him
iÿÿKS the court to set BAIL
Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order
Granting the requested relief
DOTenddnt (Signature) Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON /) .' t? "f 9
By Deputy District Clerk of Hams County, Texas
http //hcdco-intranet/Cnminal/Crrminal Courts/SOPs and Forms Library/Crimmal Fomis/Notice of Appeal (3pages-w Affirmation) doc\ Paae 1 of 3
06/01/06
ORDER
On 7% /1 3 /! S'" the Court conducted a hearing and FINDS that defendant / appellant
/ /
IS NOT indigent at this time
£ÿIS indigent for the purpose of
counsel
JSÿpaying 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
motion to withdraw igtjRANTEDjjÿENIED.
Defendant / appellant's motion (to be found indigent) is DENIED
Defendant’s / appellant’s motion lS-GRANTED and
gr f) au C-i Qoh i hÿl r~ (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 $ _
To CONTINUE as presently set
and is SET at No BOND (Felony Only)
/ 3/
DATE SIGNED 3//
/ /
JUD(JE PRESIDING p-
171 DISTRI£T.G'O0R-T7
COUNTY CR|MI V
HARRIS COUNTY, '
1;'A
V
http //hcdco-intranet/Crimmal/Criminal Courts/SOPs and Forms Library/Crimmal Forms/Notice of Appeal (3 pases-vv Affirmation) doc\ Paee 2 of 3
06/01/06
PAUPER’S OATH ON APPEAL
CAUSE NO.: OFFENSE:
THE STATE OF TEXAS n't*6- DISTRICT COURT
VS
fto/dje*’7.
OF a
HARRIS COUNTY, TEXAS
V
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES $yVL / _
, 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)
Appoint appellate counsel to represent him.
Asks the court to order that a free record be provided to hjm.
SUBSCRIBED AND
SWgUÿco before me, this_day of iJf A.D.. 20ÿ K
Chris Daniel
District Clark
DEPUTY DISTRICT QfLERK
MAR 1 3 2015 f T 1PISTRICT COURT
Time:. HARRIS COUNTY, TEXAS
Hartlt toun«», T«*»»
By.
- D«puty
ORDER
On 3j the court conducted a hearing and found that the defendant is indigent.
The court orders that Sak t J)ef is appointed to represent ,
D l'
defendant/appellant on appeal. fv-ths
The court reporter is ordered to prepare and file the reporter’s record without charge to the(JJÿrC>/ ’
JUDOppsmiNG
_ J /DISTRICT COURT
HARRIS COUNTY, TEXAS
AFFIRMATION
I, A Sokt/d/ler _, 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
acticm as deemed necessary.
&M. QL tfTPSZZ
ATTORNEY (SIGNATURE) * BAR/SPN NUMBER
Lÿ-QJ 7ÿ. 77ÿ
ADDRESS CITY ' STATE ZIP
713- 3 ls>
PHONE
OO[(Q
FAX NUMBER
dPauzie** sck',sj/u
EM AIL ADDRESS '
SWORN TO AND SUBSCRIBED BEFORE ME ON
DEPUTY DISTRICT CLlERKÿSIGNATURE)
DISTRICT CLERK
Cause No. 145005901010
IN THE 17TH DISTRICT COURT
THE STATE OF TEXAS
COUNTY CRIMINAL COURT AT LAW NO.
V.
HARRIS COUNTY, TEXAS
TONI TAVAREZ
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
I, judge,of the trial court, certify this criminal case.
0 is not a plea-bargain case, and the defendant has the right of appeal, [or]
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]
is a plea-bargain case, and the defendant has NO right of appeal, [or]
ED the defendant hi e right of appeal.
3/V/ÿ
Judge 7 / 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 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 oppgftujitÿtp |£ÿ ajIfyo se petition for discretionary review
S5«
Defenpdnt MAR 1 0 2015 Defendant's Counsel
County, Texas
( A
Mailing Address- SiaitrBar of Texas ID number:
Telephone number: // Mailing Address-
Fax number (if any)- /~7/3.ÿMÿei
1Y
Telephone number:
_____0__
n s+nct Clerk
2015
MAR 1 Fax number (if any)
'"erne
* "A defendant in a criminal case has th1nrf£hf8f
right to appeal in every case i n Hv hieh-i t-enterÿ j
a$[tea? under these rules The trial court shall enter a certification of the defendant's
m u 11 uf 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)
S£
APPEAL CARD
5-U- 15 Cause No.
Court
U(SMT7
The State of Texas
Vs
~Toi\i Of U Cr P* -/5
Date Notice
Of Appeal: (( 2 / S
Presentation: Vol. Pg-.
Judgment: Vol.. Pg-.
Judge Presiding jjjjJ Cnyyl f 0 j~Asi qrc]_Cs
fC
Court Reporter
Court Reporter _ /L ( c.. (C.&
Court Reporter _
Attorney
on Trial_ £ f £LQ 3
Attorney
on Appeal (3/ & | [T
Appointed _ Hired.
Offense 4AUI
Jury Trial: Yes No.
Punishment
Assessed _
Companion Cases
(If Known) 1
Amount of
Appeal Bond
O 0?
—
Appellant
Confined: Yes No
Date Submitted
To Appeal Section
Deputy Clerk