DocketNumber: PD-0777-15
Filed Date: 8/27/2015
Status: Precedential
Modified Date: 9/29/2016
776-/5 7-77-/5 778-/5 77?./5 IN THE ORIGINAL COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS /\/M IPW »^b» •«• uwim wr vniii/mwL HhTtALS) AUG 2 7 2015 REGINAL KEITH PINK, Abe! AcftsteuQterk Petitioner rILED IN v. COURT OF CRIMINAL APPEALS THE STATE OF TEXAS, AUG 27 2015 Respondent Abel Acosta, Clerk From the 5th Court of Appeals, Cause Nos: 05-14-00877-CR, 05-14-00878-CR, 05-14-00879-CR, 05-14-00880-CR; From the 283rd Judicial District Court, Cause Nos. F09-55346-T, F13-60732-T, F13-60733-T, F13-721123-T, the Honorable Judge Rick Magnis , presiding PETITION FOR DISCRETIONARY REVIEW Reginald Keith Pink, Pro Se TDCJ# 1938997 McConnell Unit' 3001 S. Emily Dr. Beeville, Texas 78102-8583 361.362.2300 (ph.) 361.362.3011 (fax) ORAL ARGUMENT REQUESTED TABLE OF CONTENTS Table of Contents i Index of Authorities ii Statement Regarding Oral Argument iii Statement of the Case iii Procedural History 1 Ground For Review No. 1 1 The Court of Appeals erroneously affirmed petitioner's conviction holding that the Anders brief represents a professional evaluation of the appellate record— Ground For Review No. 2 2 The Court of Appeals erred in denying multiple pro se requests for evidentiary hearing to resolve issue of lost/missing transcripts— Ground For Review No. 3 2 The Court of Appeals erroneously confirmed the convictions holding petitioner was given a copy of the appellate reco rd and advised of his right to file a pro se response... Ground For Review No. 4 3 The Court of Appeals erred in holding that it reviewed the record, counsel's brief and pro se motions finding nothing in the record one might arguably raise on app eal ... Conclusion 4 Prayer 5 Certificate of Service 6 Appendix 1V INDEX OF AUTHORITIES UNITED STATES CONSTITUTION Amendment 6 5 Amendment 14 5 FEDERAL LAW 28 U.S.C §2254 2 Federal Cases Anders v. California386 U.S. 738
(1967) 1 Dalton v. Battaglia402 F.3d 729
, 736 (7th Cir. 2005) 2 Hall v. Quarterman543 F.3d 365
, 367-69 (5th Cir. 2008) 2 Harich v. Wainwright813 F.2d 1082
, 1090 (11th Cir. 1987) 2 Jackson v. Estelle570 F.2d 546
, 547 (5th Cir. 1978) 2 Woodcock v. McCauley563 F.2d 806
, 808-09 (7th Cir.) 2 Texas Rules of Appellate Procedure Rule 34.6 4 Rule 38.9 3 Texas State Cases Dunn v. State733 S.W.2d 212-14
(Tex. Crim. App. 1987) 4 Emery v. State800 S.W.2d 530-33
(Tex. Crim. App. 1990) 4 Gianous v. State436 S.W.2d 137
(Tex. Crim. App. 1969) 1 Harris v. State790 S.W.2d 569
(Tex. Crim. App. 1989) 4 Kelly v. State436 S.W.3d 313
, 319-21 (Tex.- Crim. App. 2014) 2 Ortiz v. State862 S.W.2d 170
(Tx. App. 4th Dist. 2014) 4 n STATEMENT REQUESTING ORAL ARGUMENT Petitioner believes strongly that oral argument would be helpful to the Court in assisting them in deciphering exactly what occured during the Janu ary 23, 2014 arrignment/plea hearing that was recorded yet not made part of the appellate record. Further, oral argument is necessary to make the Court aware of. the harm and prejudice caused to the petitioner by not allowing the issues and Constitutional.violations which occured during that hearing to be raised on Direct Appeal to the Appellate Court. Petitioner believes oral argument should be permitted to reveal how the Court of Appeals erred in its fact finding, determinations thereof, and in the denials of pro se motions and requests to show documentary or otherwise evidence from either the Appellate Record or the Dallas Co. Judicial System Electronic Docket sheets, that, the January 23, 2014 hearing did in fact "take place, was recorded by the Court Reporter, and that portion of the Appellate Record is lost and or missing. Petitioner has shown due diligence by request ing these transcripts from the Court Reporter of the 283rd District Court, the Trial Court, as well as the 5th Court of Appeals/ and attempted to properly address the issue of the lost portions of the transcript prior to the submi ssion of the substantively defective Anders Brief. Petitioner intends to argue how his repeated requests for evidentuary hearing, which are the generaly accepted and usual course of jurisprudence in such situations. For these reasons, Petitioner respectfully requests oral argument be granted ,- STATEMENT OF THE CASE On June 26, 2013, Petitioner, ReginaMPink (Pink) was convicted of robbery, two aggravated robbery w/ deadly weapon,,and one aggravated assault on a public servant in the 283rd Judicial District Court of Dallas County, Texas. The trial Court assessed punishment as LIFE imprisonment in each case. Petitioner appealed the convictions, and appellate counsel filed an Anders brief. On May 26, 2015 the 5th Court of Appeals filed a memorandum opinion affirming the convictions. in PROCEDURAL HISTORY On May 26, 2015, Petitioner Received notification of Opinion and Judg ment from the 5th Court of Appeals, informing him that his convictions had been modified and affirmed. On July 10, 2015, Petitioner filed a motion for rehearing with the Court of Appeals. On August 3, 2015 Petitioner received the Order from the 5th Court of Appeals denying the rehearing. GROUND FOR REVIEW NUMBER ONE The Court of Appeals erroneously affirmed petitioner's conviction holding that the Anders Brief represents a professional evaluation of the Appellate Record and meets the requirements of Anders v. California. ARGUMENT: The Court of Appeals erred in affirming the convictions based on an Anders brief that was based on appellate counsel's evaluation of an incompl ete appellate record which was void of transcripts from an arringment/plea hearing- held on January 23, 2014, where issues to be raised on direct appeal occured. These transcripts have been diligently sought in Pro Se motions to the Court of Appeals making the Court aware of the issue of lost and/or miss ing portions of the Appellate Record prior to counsel's submitted Anders brief. All such pro se motions were denied. Review should be granted based simply on the Court of Appeals decision to affirm on an incomplete appellate record, and any evaluation ignores the record and evidence giving rise to meritor ious issues that could be raised therefrom, (see Appendix Exhibits 3, 4, 5, & 6, as well as Dallas Co. Judicial Sys. docket sheets Ex. 2). These are documentary evidence, by a preponderance.of the evidence, that a hearing occured on January 23, 2014 and should have been recorded at the request of the parties and/or as a matter of regular Rules of Court. The Court of Appeals decision to affirm departs so far from the usual course of jurisprudence as to call for the exercise of the Texas Court of Criminal Appeals powers of supervision, for the fundamental reason that an incomplete record makes any brief invalid, therefore, the .Anders brief filed in this ease does.not meet the requirements of Anders v• California386 U.S. 738
(67') for the fact, it is based on an incomplete Appellate Record and the petitioner was not afforded an adequate opportunity to respond, (see Gianous v. State 436 S.W.2d .137. (Tex. Crim. App. 1969). GROUND FOR REVIEW NUMBER TWO The Court of Appeals erred in its decisions denying multiple pro se motions and requests for evidentiary hearing to resolve the issue of the lost/missing transcripts and docket sheets being evidence of lost/missing portion of the Appellate Record. ARGUMENT: Careful review would show all petitioner's pro se motions were not fair ly evaluated, thusly, the Court of Appeals erred in. denying the requested evid- entuary hearing and ignoring the federally recognized standard entitling the petitioner to such a hearing when he can show clearly and convincingly with the evidence presented,. (see appendix exhibits) that its reasonable the pro ceedings in which he refers are to have taken place, (see also 28 U.S.C §2254). The Federal Courts have set the precedence in holding that petitioner is entitled to an evidentuary hearing in cases such as these, (see Dalton v. Battaglia 402 F.3d.729, 736 (7th Cir. 2005); Hall v. Quarterman543 F.3d 365
, 367-69 (5th Cir. 2008; Woodcock v. McCauley563 F.2d 806
, 808-09 (7th Cir. ); Jackson v. Estelle570 F.2d 546
, 547 (5th Cir. 1978); and Harich v. Wainwright813 F.2d 1082
, 1090. (11th Cir. 1987). Petitioner submitted exhibits 2-6 in his requests for an evidentiary hearing, and argues that the Dallas County Judicial System Electronic Docket Sheets in and of themselves entitled him to an evidentiary hearing. The above cited cases are examples of how the Appellate Courts decision denying petitioner's properly presented motions departed from the precedence in the proceedings creating a fundamentally unfair environment and depriving him of due process so as to call for the Texas Court of Criminal Appeals to exercise its power of supervision. For these reasons the Court should grant review. GROUND FOR REVIEW NUMBER THREE The Court of Appeals erroneously confirmed the convictions holding that, petitioner was given a copy of the Appellate Record, advised of his right to file a Pro Se response to the Anders brief, but failed to do so. ARGUMENT: The petitioner was not given a "complete" copy of the Appellate Record by either Counsel or the Court when counsel's Anders brief was filed as required. (see Kelly v. State436 S.W.3d 313
, 316, 318, 319-21 (Tex. Crim. App. 2014). Therefore, petitioner was not able ,to properly respond without the lost/miss ing portion of the appellate record containing the hearing on Jan. 23, 2014 encompassing the constitutional violations to be' raised on appeal. Depriving petitioner of a "complete" record after due diligence requests also nullifies any opportunity to adequately respond to counsel's Anders, brief. (see Gianous v. State436 S.W.2d 137
(Tex. Crim. App. 1969). In an attempt to obtain a complete record of the actual proceedings, petitioner sought and was granted a 30 day extension of time to file his' response to counsel's brief. In this time petitioner utilized all of his resources to gain a copy of the Dallas Co. Judicial Sys. Docket Sheets, (see Ex.2). The Court Advised petitioner to reply by the Feb. 4, 2015 deadline, however, his evidence was yet to be rec eived and timely requested an additional extension as other state agencies were less that expedicious in relinquishing the requested documentary evidence that would show that a hearing did in fact transpire as insisted upon by the pet itioner. Irregardless of petitioner's "just cause" the 5th Court of Appeals denied the motion for the second extension. A denial after a showing of good or just cause conflicts with.the decisions of other Courts on the same issue, who generally grant pro se litigants second request for extension when making a showing of just cause as petitioner in this case. This consequently, denied petitioner his guaranteed constitutional right of appeal. These aforementioned issues caused egregious harm and prejudice and created procedural defaults and errors petitioner sought to raise on direct appeal. This also created a legal prejudice affecting collateral review of these errors which, could be supported by the lost/missing transcripts. It is alleged these transcripts are being held by the trial Court leaving the App ellate Record incomplete. Petitioner made the Appeals Court aware of these issues in his submissions, hence are judicially noticed, (see Tex. R. App. Proc 38.9 (b) making the Anders brief substantively defective). For these reasons review should be granted. GROUND FOR REVIEW NUMBER FOUR The Court of Appeals erred in holding thet it reviewed the record, cou nsel's brief and petitioner's pro se motions and finding nothing in the rec ord that might arguably support the appeal. ARGUMENT: The Court of Appeals erred in its investigation, review, and determinarion of the Appellate Record and petitioner's pro se motions filed. A close and exh austive review of the submitted record reveals undisputedly in comments made by the trial Court Judge, (see Ex. 3), the lead prosecutor,, (see Ex. 6) and the petitioner., (see Exs. 4 & 5).which were made in a Feb. 3, 2014 proceeding show unquestionably that a hearing was held prior to the 2.3.14 hearing and was held on the record. The transcripts of the "hearing" prior to 2.3.14 are not included in the submitted Appellate Record, thusly, the Court of Appeals could not have reviewed them. The certified copies of the Docket sheets, (see Ex. 2) and petitioner's motions, in the very least, gives rise that the Court of App eals review was not based on a "complete Appellate Record", and any determin ation thereon arguably removes subject matter jurisdiction, hence, voiding the resulting determination. The references made in the record submitted reflect other record portions not included, clear and convincing evidence that the rec ord in fact is incomplete. Affirming a case with an incomplete record conflicts with precedence set under substantially similar circumstances of other Courts of Appeals, (see Ortiz v. State862 S.W.2d 170
(Tx. App. 4th Dist. 1993); also Emery v. State800 S.W.2d 530-33
(Tx. Crim. App. 1990); Dunn v. State733 S.W. 2d
212-214 (Tx. Crim.. App. 1987); Harris v. State790 S.W.2d 568
(Tx. Crim. App.), holding that it has long been the rule in Texas that when an appellant, thro ugh no fault of his own or his counsel's is deprived of a portion of the state ment of facts [the appellate record] which he diligently requested, the app ellate Court cannot affirm, (see Tex. R. App. Proc. 34.6). For these reasons review should be granted. CONCLUSION Petitioner, Reginald K. Pink, in the above and foregoing information has showa the Court that issues exist, namely in the lost/missing transcripts, which , would show constitutional violations that could have been presented on direct appeal. Petitioner alleges these constitutional violations are specifically: 1. petitioner's counsel, admitted in open Court, that he purposely did not tell petitioner all his rights; 2. trial counsel refused petitioner's requests to do any investigation because he believed petitioner to be guilty; 3. trial counsel refused to file any motions on petitioner's behalf claiming it would be a waste of the Court's money; 4. petitioner and trial counsel, due to counsel's opinions of petitioner continuously on the record and off the record had conflicts of interests, such as: a) counsel refused to provide petitioner copies of police reports related to the causes; b) counsel refused to thoroughly explain the ele ments of the indictments and the repercussions thereof; e) counsel's request to the Court to force petitioner to give a plea; 5. the Trial Court's refusal to grant petitioner's repeated requests for appointment of different counsel, responding "its not your counsel's fault we are here," and indicating he agreed with counsel's assessments; 6. the trial Court's denials violated petitioner's 6th and 14th guaranteed constitutional right to effective representation and due process. Petitioner alleges there are other issues/violations but without the record cannot effectively cite nor argue them. For these reasons the Court should grant review. PRAYER Wherefore premises having been duly considered, Reginald K. Pink, petitio ner pro se, humbly and respectfully prays that the Honorable Court would grant his Petition for Discretionary Review. Petitioner seeks to have the record developed so as to include the portions that were intentionally or unintention ally not admitted as part of the Appellate Record, and once the record is whole he be permitted appointed counsel and new direct appeal of the above cited issues. Further, petitioner respectfully requests he be granted any general relief the Court deems appropriate or to which he is entitled under either Federal or Texas law. Respectfully Submitted, Reginald Keith Pink, Pro Se TDCJ# 1938997 McConnell Unit 3001 S. Emily Dr. Beeville, Texas 78102-8583 361.362.2300 (ph.) 361.362.3011 (fax) APPENDIX EXHIBIT 1 Memorandum opinion 5th Court of Appeals EXHIBIT 2 Dallas Co. Judicial Sys. Electronic Docket Sheets, Certified EXHIBIT 3* Court Reporter's Record Feb. 3, 2014, vol 2 of 4, pg 30 Line* H^- EXHIBIT 4* Court Reporter's Record Feb. 3, 2014, vol 2 of 4, pg 31 EXHIBIT 5* l^'nes /-Y Court Reporter's Record Feb. 3, 2014, vol 2 of 4, pg 34 EXHIBIT 6* Court Reporter's Record Feb. 3, 2014, vol 2 of 4 pg 35 *(NOTE: Please see the Reporter's Record as indicated). IV DECLARATION I, Reginald Pink, does now attest that the foregoing documents and info rmation are true and correct and are thusly sworn to under penalty of perjury to their validity. (T.G.P. & R. §132.001-132.003 and 28 U.S.C. §1746). 911 P4 Reginald Pink, Pro Se CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing and included documents have been properly served upon, the parties listed below at their respective addresses, as well as delivered to this Court. The documents were placed in the McConnell Unit mailbox with first class, pre-paid postage affixed, addressed to the Court of Criminal Appeals, c/o the Clerk of the Court, Abel Acosta at Capital Station, P.O. Box 12308, Austin, Texas 78711-2308. Executed on this the '£.£> day of A^USf , 2015. Reginald Pink, Pro Se also served: Micheal Casillas Dallas Co. Dist. Attorny's Off. 133 N. Riverfront Blvd., LB19 Dallas, Texas 75207 State Prosecuting Attorney P.O. Box 12405 Austin, Texas 78711 Deemed Filed: Warner v. Glass135 S.W.3d 681
, 682 (Tex. 2004) ,/* MODIFY and AFFIRM; and Opinion Filed May 26, 2015. In The Court ot Appeals! jftftl) Btetttct of tKexaa at Ballatf No. 05-14-00877-CR No. 05-14-00878-CR No. 05-14-00879-CR No. 05-14-00880-CR REGINALD KEITH PINK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F09-55346-T, F13-60732-T, F13-60733-T, F13-72123-T MEMORANDUM OPINION Before Justices Francis, Lang-Miers, and Whitehill Opinion by Justice Lang-Miers Reginald Keith Pink appeals his convictions for robbery, two aggravated robbery with a deadly weapon offenses, and one aggravated assault on a public servant offense. See TEX. Penal Code Ann. §§ 22.02(a)(2), 29.02(a)(2), 29.03(a)(2) (West 2011). The trial court assessed punishment, enhanced by two prior felony convictions, at life imprisonment in each case. On appeal, appellant's attorney filed a brief in which he concludes the appeals are wholly frivolous and without merit.* The brief meets the requirements of Anders v. California,386 U.S. 738
(1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State,573 S.W.2d 807
, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. * We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State,436 S.W.3d 313
, 319-21 (Tex. Crim. App. 2014) (identifying duties "of appellate courts and counsel in Anders cases). Appellant did, however, file several pro se motions. ' We have reviewed the record, counsel's brief, and appellant's pro se motions. See Bledsoe v. State,178 S.W.3d 824
, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. Although not an arguable issue, we note the judgments in cause nos. 05-14-00877-CR and 05-14-00879-CR do not correctly reflect appellant's pleas to, nor the trial court's findings on, the enhancement paragraphs. In each case, appellant pleaded true to two enhancement paragraphs alleging prior felony convictions, and the trial court found the enhancement paragraphs true. The judgment adjudicating guilt in cause no. 05-14-00877-CR contains no reference to the enhancement paragraphs and the judgment in cause no. 05-14-00879-CR states "N/A" in the sections regarding the first enhancement paragraph. As a result, the judgments are incorrect. Accordingly, we modify the judgment adjudicating guilt in cause no. 05-14-00877-CR to show that appellant pleaded true to the first and second enhancement paragraphs and the trial court found the paragraphs are true. We modify the trial court's judgment in cause no. 05-14- 00879-CR to show appellant pleaded true to the first enhancement paragraph and the trial court found the paragraph true. See Tex. R. App. P. 43.2(b); Bigley v. State,865 S.W.2d 26
, 27-28 (Tex. Crim. App. 1993); Asberry v. State,813 S.W.2d 526
, 529-30 (Tex. App.—Dallas 1991, pet. refd). -2- In cause nos. 05-14-00878-CR and 05-14-00880-CR, we affirm the trial court's judgments. In cause nos. 05-14-00877-CR and 05-14-00879-CR, we affirm the trial court's judgments as modified. 'UJ^? Do Not Publish Tex. R. App. P. 47 140877F.U05 -3- Court of Appeals jfiftFi ©tatrtct of tEexaa at ©alia* JUDGMENT REGINALD KEITH PINK, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00877-CR V. F09-55346-T). Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and Whitehill participating. Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows: Add section "Plea to 1st Enhancement Paragraph: True." Add section "Plea to 2nd Enhancement /Habitual Paragraph: True." Add section "Findings on 1st Enhancement Paragraph: True." Add section "Findings on 2nd Enhancement/Habitual Paragraph: True." As modified, we AFFIRM the trial court's judgment adjudicating guilt. Judgment entered May 26, 2015. Court of Appeals! $ iftfi ©tetrtct of t&exaa at Ballasi JUDGMENT REGINALD KEITH PINK, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00878-CR V. ' F13-60732-T). Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and WhitehiU participating. Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED. Judgment entered May 26, 2015. -5- Court of appeals jftftl) Btsitrtct of Cexa* at ©alias JUDGMENT REGINALD KEITH PINK, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00879-CR V. F13-60733-T). Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and WhitehiU participating. Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows: The section entitled "Plea to 1st Enhancement Paragraph" is modified to show "True." The section entitled "Findings on 1st Enhancement Paragraph" is modified to show True." As modified, we AFFIRM the trial court's judgment. Judgment entered May 26, 2015. -6- Court of Appeals! $ tftl) Btetrtct of Cexas at ©alias JUDGMENT REGINALD KEITH PINK, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00880-CR V. F13-72123-T). Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and WhitehiU participating. Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED. 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COMT TYP/CL F 2 POP PROBATION REVOCA??ONYF?LEEDA^E00000 ^ ^ "0001_ ~ DISPOSITION COMMEN^O"IO" C020-30 MOTIONS DT FILED 071614 MOTN TYPE MNT MOTN PFNDTMr om*m CT DISP NO DESC MOT/NEW TRIAL FILED SENT pZii" STATEMENT OF FACTS FILED COMMENT MTN/NEW TR"iAL DENIED 617/802 PENDING _ DISPOSED DT 090514 TYPE D NEXT ~=- CU10 DEF NAME PINK RE CO20-50 APPEALS DATE APPEAL MADE 062714 COPY STATFMFmt o- ™™o ' CT DI5P N0 DESIGNATION OF RECORD DE^lslT^xfs^l^CCCC!o^ OBJECTION OOOOOO DATE NOTICE SENT 000000 "^ EX™NDED OOOOOO transcript filed 082614 DATE SENT TO APPEALS OOOOOO OPINION DATE 0527m MMIMalo MANDATE ENFORCED DATE OOOOOO apn^T nxIL MANDATE RECEIVED OOOOOO DISP APPEAL REF CODE 0350 WITHDRAWN 000000 CT REPORTER INITIALS BB_" _„„ REC NO 50 eOftn o«9-m «--.-=.-. GENERAL COMMENTS C080 062510_WATVER_OF_JURY_593/908 - DATEo 62 510 " —————— C080 062510_TRUE_TO_2ND_AND_3RD;_2ND_AND_3RD_FODND_TRUE DATE 062510 " " C080 061511_E/O_jyrc>D_COND_OF_PROB_599/347 _ DATE 061511 C080 030712_E/O_MOD_COND_PROB_603/852 DATE 030712 NEXT DA CASE ID F-0955346 JUDCL CASE ID P-0955346 - -- AOlO DEF NAME PINK RE C010 DEF NAME PINK RE rnfln „,„,, -._,__, GENERAL COMMENTS C080 062714_DEFT_EXCEPTS_AND~GIVESD-^TE _DXSraiCTjDJ__iAs_ NOTICE OF APPEAL TO THE COURT OF appfats WH 07^i-"~tJK-^_Ay_**M_^«V»T_OF_AFPEALS_5TH C080 08062014_REPORTER'S_REC /OR DATE 080614 C080 08/20/2014_REPORTER.S_REC_CHECKBD_OUT_BX,_MATTHBW J. RITA /JR _ _____ DATE 082014 — — — - C080 08/26/2014_CLERK-S_REC_FILED_5TH_COA_/jR DATE 082614 C080 101014_DESI(SNATION_OF_ITEMS_FOR_SUPPLEMENTAL_CLERK'S RECORD DATE 101414 ~ C080 10/21/2014_SUPPL_a_3NTAL_CLERK'S_REC_FILED_5TH_COA /JR „__„ ; ; — . 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Bledsoe v. State , 2005 Tex. Crim. App. LEXIS 1969 ( 2005 )
High v. State , 1978 Tex. Crim. App. LEXIS 1393 ( 1978 )
Dunn v. State , 1987 Tex. Crim. App. LEXIS 571 ( 1987 )
Vera Jackson v. W. J. Estelle, Jr., Director, Texas ... , 570 F.2d 546 ( 1978 )
Wayne L. Woodcock v. Lewis McCauley Warden , 563 F.2d 806 ( 1977 )
Asberry v. State , 1991 Tex. App. LEXIS 2104 ( 1991 )
Gainous v. State , 1969 Tex. Crim. App. LEXIS 906 ( 1969 )
Lawrence Dalton v. Deirdre Battaglia, Warden, State-Ville ... , 402 F.3d 729 ( 2005 )
Ortiz v. State , 1993 Tex. App. LEXIS 2733 ( 1993 )