Bradley Graham v. State ( 2015 )

CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL TO THE COURT
OF APPEALS
FILED IN
APPELLATE NO. 12th COURT OF APPEALS
(To be filled in by COA) TYLER, TEXAS
TRIAL COURT NO. 2011-0160 6/11/2015 3:16:09 PM
CATHY S. LUSK
Clerk
STATE OF TEXAS 217TH JUDICIAL DISTRICT COURT
VS. COURT OF
BRADLEY GRAHAM ANGELINA COUNTY, TEXAS
The records of my office reflect the following information in this case:
CASE TYPE: BURGLARY OF HABITATION AND THEFT PROP
JUDGMENT OF APPEALABLE ORDER SIGNED: 05/22/2015
MOTION FOR NEW TRIAL FILED:
NOTICE OF APPEAL FILED: 06/05/2015
REQUEST FOR FINDINGS OF FACT:
DATE REQUEST FOR REPORTER’S RECORD FILED:
PRESIDING TRIAL COURT JUDGE: HON. ROBERT K. INSELMANN, JR.
TRIAL COURT REPORTER(S): TERRI DAVIS
WAS APPELLANT DELCARED INDIGENT? √YES NO
APPELLANT’S COUNSEL IS: Retained √Appointed Pro se
APPELLANT’S ATTORNEY: ALBERT CHARANZA, JR.
ADDRESS: P.O. BOX 1825
LUFKIN, TX 75902
TELEPHONE: 936-634-8568 FAX: 936-634-0306
STATE BAR CARD NO.: 00783820
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*APPELLEE’S ATTORNEY: APRIL AYERS-PEREZ
ADDRESS: P.O. BOX 908
LUFKIN, TX 75902
TELEPHONE: 936-632-5090
STATE BAR CARD NO.: 24090975
DATED THIS 11TH DAY OF JUNE, 2015.
Reba D. Squyres
Angelina County, District Clerk
/S/Robin J. Crain, Deputy Clerk
(Complete in duplicate – Original to 12th Court of Appeals/Trial Court)
1517 W. Front St., Suite 354, Tyler, TX 75702
**PLEASE ATTACH A FILE-MARKED COPY OF THE NOTICE OF APPEAL
TO THIS FORM. PLEASE BE SURE THAT ALL OF THE REQUESTED
INFORMATION IN COMPLETE. THANK YOU.
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NO. 2011-0160
STATE OF TEXAS §
§
vs. §
§
BRADLEY GRAHAM §
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Bradley Graham, Defendant in the above styled and numbered cause, and
gives this written notice of appeal to the Court of Appeals of the State of Texas from the
judgment of conviction and sentence herein rendered against Bradley Graham.
Respectfully submitted,
JERRY N WHITEKER
406 N. First Street
P.O. Box 1443
Lufkin, Texas 75902-1443
Tel: (936) 632-5551
Fax: (936) 632-9550
State Bar No. 21361500
whitekerlawoffice@suddenlinkmail.com
Attorney for Bradley Graham
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CERTIFICATE OF SERVICE
This is to certify that on June 5, 2015, a true and correct copy of the above and foregoing
document was served on the District Attorney's Office, Angelina County, by facsimile
transmission to 936-637-2818.
c.S:=>
JerryN. Whiteker
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Number of
STYLE OF CASE
Case
THE STATE OF TEXAS
vs.
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Defendant
ORDERS OF COURT WITNESSES
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CASE No. 2011-0160
THE STATE OF TEXAS §
§
v. §
§
BRADLEY GENE GRAHAM §
§
STATE ID No.: TX05363440 §
JUDGMENT OF CONVICTION BY JURY
Date Judgment
Judge Presiding: HoN. GERALD A. GOODWIN MAY22, 2015
Entered:
EDWARD MCFARLAND
Attorney for State: ART BAUEREISS Attorney for RUDY VELASQUEZ (TRIAL);
Defendant: JERRY WHlTEKER
Ql\.fPOSITION OF SENTENCE)
Offunstt fur which Defendant Convicted:
THEFT >=$1,500 AND <$20,000 (COUNT II)
Cbamu~ Jnstrum.ent: Statute for Offens~:
INDICTMENT Penal Code §31.03(e)(4)(A)
Date nf Olftmse:
01/20/2011
Dmee oiOff~nse: Plea to Offense:
2ND DEGREE FELONY NOT GUILTY
Yerdict ofJw:y: Findings on Deadly Weapgn:
GUI~TY N/A
. NOPLEATO NO PLEA TO
ENHANCEMENT, Plea to _znd ENHANCEMENT,
Plea to }st Enhancement
DEFENDANT EnhancementJHabitual DEFENDANT
Paragraph:
VOLUNTARILY Paragraph: VOLUNTARILY
ABSENTED HIMSELF ABSENTED HIMSELF
BEFORE PUNISHMENT BEFORE PUNISHMENT
Findings on _znd
Findings on 1st Enhancement
EnhancementJHabitual
Paragraph: TRUE Para. a h: TRUE
Punished Assessed by: Date Sentence Imposed: Daw Sentence to Commence:
JURY SEPTEMBER 26, 2012 MAY 22, 2015
Punishment and Place EIGHTEEN (18) YEARS CONFINEMENT IN THE INSTITUTIONAL
of Confinement: DIVISION, TDCJ
THIS SENTENCE SHALL RUN CONCURRENTLY.
Fine: Court Costs: Restitution: Restitution Payable to:
$Nil\ $NIA $NIA
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRiM. PROC. chapter 62
The age of the victim at the time of the offense was N/A years.
If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronoloml order.
From 01/20/2011 to 01/25/2011 From 05/01/2015 to 05/22/2015 From to
Time From to From to From to
Credited:
If Defendant is to serve sentence in county jail or is given credit toward fine and costa. enter days credited below.
N/A :PAYS NOTES: NlA
All pertinent information, names and assessments indicated above are incorporated into the laa.guage ol the jud~tment below by reference.
This cause was called for trial in Angelina County, Texas. The State appeared by her District Attorney.
Counsel/ Waiyer of Counsel (select one)
C8J Defendant appeared in person with Counsel.
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2011-0160 GRAHAM, BRADLEY (3) Page 1 of2
It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging
instrwnent. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the
jury, and Defendant entered a plea to the charged offense. The Court rece:i,ved the plea and.entered it of record.
The jury heard the evidence submitted and argument' of counsel The Court charged the. jury as to its duty to determine the
gqilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its
verdict in the presence ofDefendant and defense counsel, if any.
The Court received the verdict and ORDERED it entered upon the minutes of the Court.
Punishment Assessed by Jury I Court I No electipn (select opft)
181 Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to
the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation,
the jury was brought into Court, and, in open court, it returned its verdict as indicated above.
The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions of TEx. CODE CRIM. PRoc. art. 42.12 § 9.
The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and
restitution as indicated above.
fugiShment Qptions (select OJW) · ·
183 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the
Sheriff otthis County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS
Defendant to be cotUined for the period and in the manner indicated above. The Court ORDERS Defendant remanded tO the custody of
the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from
confinement, Defendant proceed immediately to the N/A. Once there, the Court ORDEBS Defendant to pay, or make arrangements to
pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.
Execution/ Sygen&ion pf Septence (select one)
I8J The· Court ORDERS Defendant's .sentence EXEcuTED.
The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore~ the following special findings or prders apply:
Signed and entered on MAY 22, 2615
Clerk: [Clerklnitials]
Right Thumbprint
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2011-0160 GRAHAM, BRADLEY (3) Page 2 of2
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``c:-``~Qifrl\ '"'rilED
MAY 2 8 201f:,
REBA D. SQUYRES, CLERK, DISTRICT COURT
NO. 2011-0160 BY ANGE~OUNTY,TEXAS DEP:JT:
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 217th JUDICIAL DISTRICT
§
BRADLEY GRAHAM § ANGELINA COUNTY, TEXAS
ORDER ON MOTION TO WITHDRAW AS COUNSEL
On ,L'}j_a~ ~j , came on to be considered Jerry N. Whiteker's Motion to
Withdraw as Counsel.
The Court finds that there is good cause for withdrawal of Movant as counsel.
The Court further finds that:
a. The Motion for Withdrawal of Counsel was delivered to Bradley Graham.
b. The Motion included written notice to Bradley Graham of the client's right
to object to the motion.
c. The Motion included the last known address of Bradley Graham as
follows:
1100 Twin Oaks Road
-~---------------
#105, Huntington, Texas 75949
d. There are no pending settings and deadlines in the case.
IT IS THEREFORE ORDERED, that Movant is permitted to withdraw as counsel of
record for Bradley Graham in this cause.
IT IS FURTHERED ORDERED that all notices in this cause shall be delivered to
Bradley Graham in person or sent to Bradley Graham at that address shown above by both
certified and regular first-class mail.
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The Court ORDERS that Jerry N. Whiteker, Movant, immediately provide written
notification to Bradley Graham of any additional settings or deadlines now known to Jerry N.
Whiteker, of which Bradley Graham has not already been notified.
Signed on~· 'l-}-. 2--> 1 r
ruDGE~-------
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CAUSE NO.
THE STATE OF TEXAS
vs. OF
(1,~J\ey Grn."-~M ANGELINA COUNTY, TEXAS
ORDER FOR APPOINTMENT FOR ATTORNEY FOR APPEAL
The Defendant, by and through trial counsel heretofore appointed by
the Court after proper application establishing indigency, has filed Notice of
Appeal of the Judgment entered in this cause. Accordingly, the Court hereby
appoints A \ \o e c-t- c..."'-.ot r ~ v'\ :z... Cl'\ , found to be competent to
represent the Defendant in the appeal of the above numbered and entitled cause,
and to continue to represent the Defendant until the case is concluded, or until
released by written order of the Court.
SIGNED this 9 +" day of _ _--=3=---u-=--_V"t_~-=-----' 201.5_.
DISTRICT JUDGE P
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