Darrell Dwayne Broussard v. State ( 2015 )

ACCEPTED 01-15-00628-Cr FIRST COURT OF APPEALS HOUSTON, TEXAS 7/29/2015 1:14:49 PM CHRISTOPHER PRINE Appellate Docket Number: 01-15-00628-CR CLERK Appellate Case Style: DARRELL DWAYNE BROUSSARD v. STATE OF TEXAS DOCKETING STATEMENT (CRIMINAL) FILED IN First Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS [to be filed in the court of appeals upon perfection of appeal 7/29/2015 1:14:49 PM under TRAP 32] CHRISTOPHER A. PRINE I. Parties (TRAP 32.2(a)): Clerk Appellant (or Appellee, if State is appealing): Co-defendant(s): DARRELL DWAYNE BROUSSARD (See note at bottom of page) Trial Attorney: Appellate Attorney: ALLEN TANNER THOMAS J. LEWIS Appointed X Retained G If appointed, was a hearing on indigency held? Appointed X Retained Yes X No G Address: Address: 917 FRANKLIN, STE. 500. 1602 WASHINGTON AVE. HOUSTON, TX 77002 HOUSTON, TX 77007 Telephone: (713) 225-7100 Telephone: (713) 256-6779 (include area code) (include area code) Telecopy: Telecopy: (713) 861-2951 (include area code) (include area code) E-Mail Address: E-Mail Address: Tjlaw2@COMCAST.NET SBN: 19637100 SBN: 12308540 If not represented by counsel, provide appellant’s (appellee’s, if State is appealing) address, telephone number, and telecopy number. II. Perfection Of Appeal, Judgment And Sentencing (TRAP 32.2(b), (d), (f), (g), (h), (i), (j), (k)): Date trial court imposed or suspended sentence in Date notice of appeal filed in trial court: open court or date trial court entered appealable order: JUNE 26, 2015 JUNE 26, 2015 (Attach file-stamped copy; if mailed to the trial court clerk, also give the date of mailing) (Attach a signed copy, if possible) Offense charged: CAPITAL MURDER Punishment assessed: LIFE WITHOUT PAROLE Is the appeal from a pretrial order? Yes G No x Date of offense: NOVEMBER 28, 2011 If yes, please specify. Defendant’s plea: Not Guilty Does the appeal involve the validity of a statute, rule or ordinance? If guilty, does Defendant have the trial court’s Yes No X permission to appeal? Yes x No G If yes, please specify. Was the trial jury or nonjury? Jury Will you challenge this Court’s jurisdiction? If yes, Guilt or innocence phase: explain. Jury X Nonjury No Punishment phase: Jury Nonjury X III. Actions Extending Time To Perfect Appeal (TRAP 32.2(e)): Filed Action Check as appropriate Date Filed Motion for New Trial No X Yes Motion in Arrest of Judgment No x Yes G Other (specify): No x Yes G IV. Indigency Of Party (TRAP 32.2(n)): (Attach file-stamped copy of motion and affidavit) -2- Filed Event Check as appropriate Date N/A Motion and affidavit filed No G Yes x 06/26/15 Date of hearing: 06/26/15 Date of order: 06/26/15 Ruling on motion: Granted x Denied G V. Trial Court And Record (TRAP 32.2(c), (l), (m)): Court: County: Trial Court Docket Number 183RD District Court Harris (Cause No.): 1330029 Trial Judge (who tried or disposed of case): Court Clerk (district clerk): REAGAN CLARK Telephone Number: (713) 755-6354 Telephone Number: (713) 755-6354 (include area code) (include area code) Telecopy Number: Telecopy Number: (include area code) (include area code) Address: Address: -3- Clerk’s Record Will request G Was requested on: (Note: No request required under TRAP 34.5(a), (b)) 06/26/15 Yes G Court Reporter or Court Recorder: Court Reporter or Court Recorder: BILLY JALUFKA Telephone Number: (713) 755-6354 Telephone Number: (include area code) (include area code) Telecopy Number: Telecopy Number: (include area code) (include area code) Address: 1201 Franklin St., 18th Floor Address: Houston TX 77002 (Attach additional sheet if necessary for additional court reporters/recorders) -4- Length of trial (approximate): 5 days State arrangements made for payment of court reporter/recorder: D. Is indigent Reporter’s or Recorder’s Record None G Will request G Was requested on: 6/26/15 (check if electronic recording X) VI. Related Matters: List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. VII. Any other information requested by the court (see attachments, if any). VIII. Signature: __________________________________________________ Date: JULY 28, 2015 Signature of counsel (or pro se party) State Bar No.: 12308540 Printed Name: THOMAS J. LEWIS -5- IX. Certificate of Service: The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court’s order or judgment as follows on August 26, 2014. Alan Curry, Harris County District Attorney’s Office, Appellate Section 1201 Franklin St., 6th Floor Houston, TX 77002 By email. ________________________________________ Signature (TRAP 9.5(e) requirements stated below; use additional sheets, if necessary) Note: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party’s attorney, the name of the party represented by that attorney. -6-