Ex Parte Daivion Anthony Banton ( 2015 )

David Alan Disher, Attorney at Law Fellow, College of the State Bar of Texas 1167 FM 2144, Schulenburg, Texas 78956 FILED IN Phone Number: 979-263-5174 Fax number: 979-263-5183 1st COURT OF APPEALS HOUSTON, TEXAS VIA FAX: 281-341-8604 5/22/2015 9:59:55 AM AND VIA E-MAIL CHRISTOPHER A. PRINE Clerk May 22, 2015 Ms. Elizabeth Wittu Official Court Reporter 240th Judicial District Court Fort Bend County Courthouse Richmond, Texas 77469 RE: APPEAL: Case Number: 01-15-00385-CR; Trial Court Cause Number: 14-DCR-066980, The State of Texas vs. Daivion Banton, Aggravated Robbery, In The 240th Judicial District Court Of Fort Bend County, Texas, AND APPEAL: Case Number: 01-15-00386-CR; Trial Court Cause Cause Number: 14-DCR-066981, The State of Texas vs. Daivion Banton, Aggravated Kidnapping, In The 240th Judicial District Court Of Fort Bend County, Texas Dear Ms. Wittu: Pursuant to the Order signed July 29, 2014, the Court appointed me to represent Mr. Daivion Banton in the above referenced matters until these cases are disposed, and appeals are exhausted. The Order And Notice Of Court Appointment Attorney document is page 7 of the Clerk’s Record regarding both of these matters. Pursuant to my telephone conversation yesterday with Ms. Michelle Gentile of the First Court Of Appeals, I respectfully request that you prepare a duplicate transcription of the audio recording of the bond reduction hearing held on or about March 26, 2015 before Judge Pedro Ruiz and file the Reporter’s Record, pursuant to TEX. R. APP. P. 13. 1, 13.2, and 31.1. Please provide the original or copies of ALL exhibits entered into evidence, including but not limited to, the following: ALL videotapes, all audiotapes and sealed documents in this case regarding your involvement, or that of Judge Pedro Ruiz and appropriate transcription of same. If you cannot accomplish my request, please advise me immediately. Page two May 22, 2015 Ms. Elizabeth Wittu If you have any questions, please do not hesitate to call me. I thank you for your continued cooperation in these matters. Very truly yours, /s/ David Alan Disher _________________________ David Alan Disher DD/cmd xc: Ms. Annie Rebecca Elliott ATTENTION: BRENDA Fort Bend County District Clerk 301 Jackson Street Richmond, Texas 77469 via regular U.S. Mail Mr. John Healey Fort Bend County Criminal District Attorney Fort Bend County Courthouse Richmond, Texas 77469 Via Fax: 281-238-3340 Mr. Fred Felcman Fort Bend County Assistant District Attorney Fort Bend County Courthouse Richmond, Texas 77469 Via Fax: 281-238-3340 and to Mr. Daivion Banton CAUSE NOS. 14-DCR-066980 AND 14-DCR-066981 THE STATE OF TEXAS } IN THE DISTRICT COURT } VS. } OF FORT BEND COUNTY, TEXAS } DAIVION ANTHONY BANTON } 240TH JUDICIAL DISTRICT CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Letter To The Court Reporter, dated May 22, 2015, has been personally hand delivered, by Fax, or sent certified mail, return receipt requested, by the U. S. Mail to the following parties: Mr. John Healey Fort Bend County Criminal District Attorney Fort Bend County Courthouse Richmond, Texas 77469, and Mr. Fred Felcman Fort Bend County Assistant District Attorney Fort Bend County Courthouse Richmond, Texas 77469 and to the Defendant, Mr. Daivion Banton INMATE Fort Bend County Jail 1410 Ransom Road Richmond, TX 77469 on this the 22nd day of May, 2015. /s/ David Alan Disher __________________________ David Alan Disher Attorney for Appellant