Donald Nealey v. State ( 2015 )

01-15-00999-CR
CHRIS DANIEL
4Bk HARRIS COUNTY DISTRICT CLERK
VggnW CORRECTION LETTER - DEFENDANT'S NAME
FILED IN
November 20, 2015 1st COURT OF APPEALS
HOUSTON, TEXAS
11/25/2015 10:25:00 AM
BOB WICOFF
ATTORNEY OF RECORD CHRISTOPHER A. PRINE
Clerk
1201 FRANKLIN, 13™ FLOOR
HOUSTON, TX 77002
Defendant’s Name: DONALD NEALEY
Cause No: 1481930
. Court: 228™ DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 1 1/17/15
Sentence Imposed Date: 11/13/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: BOB WICOFF
Sincerely, ~
S .ioc«&s
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
MATTIE KIMBLE (DELIVERED VIA E-MAIL)
This is your notice to inform any and.all substitute reporters in this cause.
1 20 1 Franklin P.O. Box 465 1 Houston, Texas 772 10-465 1
CHRIS DANIEL
9 g HARRIS COUNTY DISTRICT CLERK
$ 9
November 18, 2015
BOB WICOFF
ATTORNEY OF RECORD
1201 FRANKLIN, 13™ FLOOR
HOUSTON, TX 77002
Defendant’s Name- DONALD NEALY
Cause No 1481930
Court: 228™ DISTRICT COURT
Please note the following appeal updates on the above mentioned cause.
Notice of Appeal Filed Date: 1 1/17/15
Sentence Imposed Date: 11/13/15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: BOB WICOFF
Sincerely,
S. NORRIS
Criminal Post Trial Deputy
CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
MATTIE KIMBLE (DELIVERED VIA E-MAIL)
This is your notice to inform any and all substitute reporters in this cause.
RECORDER’S MEMORANDUM
This instrument is of poor quality
at the time of imaging
1201 Franklin PO Box 4651 Houston, Texas 77210-4651
Cause No
THE STATE OF TEXAS
4U3mz>
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V'
fhMALA |\kS&U§y A/K/A/
qnJ& £5 istrict Court / County Criminal Court at Law No.
iX
Harris County, Texas FILED
Chflb Daniel
District Clerk
NOTICE OF APPEAL NOV 1 7 2015
TO THE HONORABLE JUDGE OF SAID COURT: Time:. Harris County, Texas
On l\ n- is
NOTICE OF APPEAL of his conviction
(date), the defendant in
By
the above numbered and styled caQsoulyves
The undesigned attorney (check appropriate box):
MOVES to withdraw
ADVISES the court that he will CONTINUE to represent t) :ndi ipq&l
\\~n-
Date
K
Attorney (Signature)
Defendant (Printed name) Attorney (Printed name)
<3_sd_
V~TM
State Bar Number ,
1 C7V _ jr
.
Address
rid
Telephone Number
m
The deljpifdant (check all that apply):
n REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT
appellate counsel to represent him
ASKS the Court to ORDER that a free record be provided to him
ASKS the court to set BAIL
Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order
Granting the requested relief
(Signature) 7 jj Defendant’s Printed name
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy' District Clerk of Hams County, Texas
RECORDER'S MEMORANDUM
This instrument is of poor quality
at the time of imaging
http //hcdco-mtranet2013/Crimmal/Criminal Courts/SOPs and Forms Libran /Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage I
of 2 1/09/08
ORDER
On the Court conducted a hearing and FINDS that defendant / appellant
is NOT indigent at this time
0/ÿsfmdigent for the purpose of
(3"£mploying counsel
GJÿaying for a clerk's and court reporter's record
GTfmiploymg counsel or paying for a clerk's and court reporter's record
The Court ORDERS that
Counsel's motion to w11h d ra \ÿisG RANTEDT'D E N I ED.
Defendant / appellant's motion (to betbundindigent) is DENIED
Defendant's / appellant's motion is GRANTED and
U C-~
_ (attorney's name & bar card numberl t
Q
s APPOINTED to represent defendant / appellant on appeal 1}/ Lf ' s
The COURT REPORTER
defendant / appellant
is ORDERED to prepare and file the reporter's record without charge to m
BAIL IS
SET at $ _
TO CONTINUE as presently set
EL-'DENIED and is SET at NO BOND (Felony Only)
DATE SIGNED II Igwg'
JL(DGE RRESIDING.
COURT /
COUNTY CRIMINAL COURT AT LAW NO
HARRIS COUNTY, TEXAS
http //hcdco-intranet2013/Criminal/Cnminal Courts/SOPs and Forms Libran'/Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage 2
of 2 1/09/08
m
m Cause No. 1481930
® A
THE STATE OF TEXAS IN THE 228™ DISTRICT COURT
v. DONALD NEALEY COUNTY CRIMINAL COURT AT LAW NO.
, Defendant HARRIS COUNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL*
I, judge of the trial court, certify this criminal case
P>T 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, arrathÿd&amMit JÿS the
right of appeal [or]
is a plea-bargain case, and the defendant has NO right of appeal [or]
N0V 1 3 2015
the defendant has waived the right of appeal Tlme:_
By.
'AM i U j-i /v rr Deputy
Judge
d 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 pio 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 1 fail to timely inform my appellate attorney of any
change in my address, I may lose the opportunity to file a pro se petition for discretionary review
Defendant Defendant's Counsel
Mailing Address _ State Bar of Texas ID number ill AS
Telephone number Mailing Address (<7C H tSfl
Fax number (if any)- Telephone number ~i ® UIPT
Fax number (if any) -1 (J IMl Ml
* '
A defendant in a criminal case has the right of appeal under these rules The trial court shall enter a certification of the defendant's
right to appeal in every case in which it enters a judgment of 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)
CAUSE NO.: mm 93o
PAUPER’S OATH ON APPEAL
OFFENSE: QAliMb£K fc-
THE STATE OF TEXAS DISTRICT COURT
VS OF 1/
Ajoadoÿ HARRIS COUNTY, TEXAS
TO THE HONORABLE JUDGE OF S,
NOW COMESA defendant in the above styled and numbered
cause, and states under oath that he is without funds, pp6perty or income. The defendant respectfully petitions
the court to:y(check all that apply) ‘
Appoint appellate counsel to represent him.
Asks the court to order that a free record be provided to him.
SUBSCRIBEDÿ) |WId. MWe
Date Notice
II- 0-/3
_ _
Of Appeal:
__
Presentation: Vol. Pg.
Judgment: Vol. Pg..
Judge Presiding l .eshe.
Court Reporter fci/»ihfe.
Court Reporter
Court Reporter
Attorney
on Trial _Robert
Attorney
on Appeal KP
Appointed _ Hired
Offense tAuÿJe.ÿ-
P
Jury Trial Yes No
Punishment
Assessed
(If Known)
_
Companion Cases
MVXC&I
Amount of
Appeal Bond ±0
Appellant
Confined:
YesÿÿNo r
Date Submitted
To Appeal Sectionÿ inn* &
7
Deputy Clerk