Jay Colby Fitzgerald v. State ( 2015 )

CHRIS DANIEL
9 HARRIS COUNTY DISTRICT CLERK
FILED IN
July 24, 2015 1st COURT OF APPEALS
HOUSTON, TEXAS
HONORABLE CATHERINE EVANS 7/30/2015 10:48:27 AM
180™ DISTRICT COURT CHRISTOPHER A. PRINE
HARRIS COUNTY Clerk
Defendant’s Name: JAY COLBY FITZGERALD
Cause No: 1474580
Court: 180th DISTRICT COURT
Please note the following appeal updates on the above mentioned cause:
Notice of Appeal Filed Date: 7-23-15
Sentence Imposed Date: 7-23-15
Court of Appeals Assignment: First Court of Appeals
Appeal Attorney of Record: TO BE DETERMINED
Sided
fc-Arriaga / /
Criminal PpstTnal Deputy
4 : Devon Anderson
District Attorney
Appellate Division
Harris County, Texas
KATHERINE POWERS (DELIVERED VIA E-MAIL)
This is your notice to inform any and all substitute reporters in this cause.
1201 Franklin P.O.Box 4651 Houston, Texas 77210-4651
'Cause No. _}'TT4S$0 rz
Pi17
THE STATE OF TEXAS
. 'A/KJAJ _ % f
ifow District Coart / CouutyCi iuiiuul COUITai LAW No.
FT
Harris County, Texas
LED
Chris Daniel
nintrtat Glerfc,
NOTICE OF APPEAL
JUL 23 2015
Time:
narn» County, TexaT
TO THE HONORABLE JUDGE OF SAID COURT:
On njatdk_
NOTICE OF APPEAL of his conviction.
(date), the defendant in the above numbered and styled cause gives
uoputy
The undesigned attorney (check appropriate box):
tjMOVES to withdraw.
O ADVISES the court that he will CONTINUE to represent the defendant on appeal.
Date
nlrln/if Attorney (Signature)
Vkdl hi
Tfcw fnllnfirdd Xlto'e vZVvVimr
Defendant (Printto name)" Attorney (Printed name)
0&>rf-)oo
State Bar Number
The defendant (check all that apply):
Address
Qn
m
Telephone Number
ItIt*
8ÿ
ar REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT
agpe Hate counsel to represent him.
SETA§KS the Court to ORDER that a free record be provided to him.
aÿASKS the court to set BAIL.
Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order
Granting the requested relief.
Deÿndaoÿignaturej
BL&.fiulrJ (8/
Defendant's Pritufrd name
tr \
SWORN TO AND SUBSCRIBED BEFORE ME ON
By Deputy District Clerk of Harris County, Texas
if- •
— : / i —i
hnp;//hcdco-intianci/Criminal/Crimmal Coum/SOPs and Forms Library/Criminal Forms/Nolice of AppeaJ (3 pages-w AfIimiaiion).docx Page 1 of 3
06/01/06
V
* ORDER
On the Court conducted a hearing and FINDS that defendant / appellant
is NOT indigent at this time.
indigent for the purpose of
employing counsel
paying for a clerk’s and court reporter’s record.
.ÿEmploying counsel or paying for a clerk’s and court reporter’s record.
The Court ORDERS that -s.
efÿCounsel’s motion to withdrawÿ GRANTED/DENIED.
Defendant / appellant’s motion (toEe tound indigent) is DENIED.
Defendant’s / appellant’s motion is GRANTED and
(attorney’s name & bar card number)
is APPOINTED to represent defendant / appellant on appeal.
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)
DATE SIGNED: 1'**>-{<> S'.-ÿXAS
'J--. JUDGETRESTCING,
§/ tffio DISTRICT COURT /
\ GoyNTY CRIMINAL COURT AT LAW NO.
°! . SBvftRis COUNTY, TEXAS
W\ / *!
/
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06/01/06
THE STATE OF TEXAS
Cause No. I
IN THE IÿQIDISTRICT COURT
©
v. 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:
is not a plea-bargain case, and the defendant has the right of appeal, [or]
FI 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]
I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the
right of appeal, [or]
I I is a plea-bargain case, and the defendant has NO right of appeal, [or]
I I the defendant has waived the right of appeal.
Judge Date Signed
1 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. 1 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 Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that, if 1
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. 1 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 opportunity to file a pro se petition for discretionary review.
"Owe _\Moh
Dÿndmt
Mailing Address: _
Defendant’s Counsel
State Bar of Texas ED nlumber
o
Telephone numfeie: Mailing Address:
Qh Mil? £3310
B
Fax number (if Telephone number:
“•PUtJ" ~ljC>
Fax number (if any):
* “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).
CLERK
9/1/2011
CAUSE NO.: mm-sspo
PAUPER'S OATH ON APPEAL
[mÿss' r OFFENSE: A£i£-y
?z
THE STATE OF TEXAS
jU I DISTRICT
COUR'Pfÿ
VS. OF
HARRIS COUNTY, TE&A£ J°L 24
TO THE HONORABLE IUDGE OF SAID COURT:
Ojpjp%sÿÿ
NOW COMES AAÿ(LQC£XJ P \\ fa P(£ALQ defendant in the above styled andnumBSred
cause, and states under oath that lie 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 him.
/ DpENB&fT V
SUBSCRIBED AND SWORN to before me, this dav of~ÿU-ÿ A.D., 20 15T
iternty
DISTRICT CLERK
1)0 DISTRICT COURT
[ARRIS COUNTY, TEXAS
ORDER
OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent.
thatÿÿ cVvoxi?. PP\ÿ -£r\f IMjs appoi nted to represent
$3) The court orders
defendant/appellant on appeal.
The court reporter is ordered to prepare and file the reporter’s record without charge to the
defendant/appellant.
*
_
It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter
r\ vu\ k) IC , by certified mtuTretum retfeip) requested.
JUDGWRESII5ING
iXO DISTRICT COURT
HARRIS COUNTY, TEXAS
AFFIRMATION
I, K\ A-ÿÿttomey at Law, swear or affirm that I will be solely
responsible for writing a brief and representing the appellant on appeal. If 1 am not able to preform my
duties as appellate counsel, I will notify the court immediately so that the court may take the
appropriate action as deemed necessary.
ATTORNEY (SIGNATURE! V BAWSPN NUMBER
ADDRESS CITY STATE ZIP
PHONE
in PW ?Tr7
FAX NUMBER
tu rVt
EMAILADDRESS
n rop/S)
SWORN TO AND SUBSCRIBED BEFORE ME ON
DEPUTY DJSTÿCT CLERK (SIGNATURE)
DISTRICT CLERK
„
Cause No.
THE STATE OF TEXAS
<3 A-C| P-|T7faKlPA*fV A/K/A/
\toTYf District Court / County CHlnlmU Coui I at Luw-Ntr.
Harris County, Texas
OATH OF APPOINTED ATTORNEY ON APPEAL
I, 1/ 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 perform my
duties as appellate counsel, I will notify the Court immediately so that the Court may take the appropriate
Action as deemed necessary.
U*. !3
Attomey-at-Law (Signature) BAR Number / SPN
9P.?2>X
Address City / State / Zip
Phone
'13 FAX
~V3_
* _0/ÿ
SWORN TO AND SUBSCRIBED BEFORE ME ON
w
II
By Deputy District Clerk of Harris County, Texas
\r: /
N,, &
tic's'll /ÿ
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06/01/06
APPEAL CARD
Cause No. ..
ifc units eTÿ(vi'PCQ
on
Appointed
_ Hired
Offense frkfafcftnU'tgft iL&tbbgCÿ
Jury Trial Yes )/_ No
Punishment
Assessed
_
_
Companion Cases
(If Known)
Amount of
Appeal Bond. /&L
Appellant
Confined: Yes No
Date Submitted JUL 2 4 2015
To Appeal Section
Deputy Clerk