Opinion

John Cruz Buentello v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Oct 1, 2015
Status
Published
Cited by
0 cases

The opinion

01-15-00834-CR

CHRIS DANIEL

46ft HARRIS COUNTY DISTRICT CLERK

FILED IN

September 18, 2015 1st COURT OF APPEALS

HOUSTON, TEXAS

HONORABLE SUSAN BROWN 10/1/2015 10:04:12 AM

185™ DISTRICT COURT CHRISTOPHER A. PRINE

HARRIS COUNTY Clerk

Defendant’s Name- JOHN CRUZ BUENTELLO

Cause No. 1450047

Court. 185™ DISTRICT COURT

Please note the following appeal updates on the above mentioned cause.

Notice of Appeal Filed Date: 09/15/15

Sentence Imposed Date: 09/15/15

Court of Appeals Assignment: First Court of Appeals

Appeal Attorney of Record: TO BE DETERMINED

Sincerely,

D Bullock

Criminal Post Trial Deputy

CC- Devon Anderson

District Attorney

Appellate Division

Hams County, Texas

CARRIE LOGAN (DELIVERED VIA E-MAIL)

This is your notice to inform any and all substitute reporters in this cause

1201 Franklin PO Box 4651 Houston, Texas 77210-4651

v Cause No. mwn

THE STATE OF TEXAS

5 <<&

V.

Jg/)h 31/8* kilo , A/K/A/

District Court / County Criminal Court at Law No.

Harris County, Texas

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

On l£j 70lf (date), the defendant in the above numbered and styled cause gives

NOTICE OF APPEAL of his conviction

The undersigned attorney (check appropriate box):

CKv \\

MOVES to withdraw

ADVISES the court that he will CONTINUE to represent the defendant An-appea I

Vjj/iy

Date Attorney (Signature)

iW)r> 8 j/jh k

Defendant (Printed name) Attorney (Printed name)

/

Chris Daniel

State Bar Number . . .

District Clerk

SEP 1 5 2015 Address

Time-. Harris County. Texas

Kirin.

Telephone Number

The defendant (cneckeriHbrat apply):

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

s'

Defendaijf (Signature) defendant’s Printed .

SWORN TO AND SUBSCRIBED BEFORE ME ON SEP I 5 /fe;

•2

By Deputy District Clerk of Harris County, Texas

16J.

C \Users\thrislmaczepmski\Desktop\TRlAL INFOIAPPEAL SOPS & 1NFOVNOTICE OF APPEAL (2 paaes-wout AfTirmation) doc Page 1 of2

1/09/08

ORDER

On SEP 1 § 2015 the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time

H'TsTiidigent for the purpose of

employing counsel

—

paying for a cleik's and court reporter's record

O-empl'oying counsel or paying for a clerk's and court leporter's record

The Court ORDERS that

Counsel's motion to withdraw ((TGRANTÿ/ DENIED.

Defendant / appellant’s motion (to be found indigent) is DENIED

Defendant's / appellant's motion is GRANTED and

n (attorney's name & bar card number)

is APPOINTED to represent defendant / appellant on appeal

...

HJÿriie"couRT REPORTER is ORDERED to prepare and file the reporter’s record without charge to

defendant / appellant M°\0

BAIL IS

SET at $ _

TO CON riNUE as presently set

DENIED and SET at No BOND (Felony Only)

is

V h

$\

m

DAT C SIGNED

SEP i §

(h

JUDGE PRESIDING,

DISTRICT COURT/

fiÿVjf

§?

/OJA

COUNT Y CRIMINAL COURT AT LA jo

HARRIS COUNTY, TEXAS

C \Uscrs\chnstina tzepmsUDesktopVI RIA1 INFOVAPPFAL SOPS & INFO\NOTlCE Or APPEAI (2 pagcs-wout Affirmation) dot Page 2 of 2

1/09/08

* Cause No.

UlfroH7 m

THE STATE OF TEXAS IN THE DISTRICT COURT

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]

n 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.

SEP i

Judge

d G- 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 pro se

petition for discretionary review in the Court of Criminal 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 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

Defei Defendant's Counsel

Mailing Address- _ f ILED State Bar of Texas ID number: 3WS1W [

Telephone number: _

£«r?c?S!& Mailing Address:

. SEP I !> 2015

Fax number (if arjty?® "srrls

Telephone number:

By.

Deputy Fax number (if any)-

* “A defendant in a cnminal case has the nght of appeal under these rules The trial court shall enter a certification of the defendant's

nght 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

PAUPER’S OATH ON APPEAL

CAUSE NO.:

\MSOO4-) OFFENSE L-T

THE STATE OF TEXAS _ DISTRICT COURT . L[F&'

VS. OF

oe*ry -Velio HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES O . defendant in the above styled and numbered

cause, and states under oath that he is without funds, property or income. The defendant respectfully petitions

the court to: (check all that apply)

ELk" Appoint appellate counsel to represent him.

Asks the court to order that a free record bCjarovided to him.

DANT

SUBSCRIBED AND SWORN to before me, this I day of A.D., 20.

FILED

Chris Daniel u

District Clerk DEPUTY DISTRICT CLERK

pK\ DISTRICT COURT

SEP 1 5 2015 HARRIS COUNTY, TEXAS

Time:. Harris County. Texas

By

Deputy

ORDER

On 4)iA)is the court conducted a hearing and found that the defendant is indigent.

The court orders that _ is appointed to represent

defendant/appellant on appeal.

The court reporter is ordered to prepare and file the reporter’s record without charge to the

defendant/appellant.

Itiis further ordered that the clerk of this court mail a copy of the order to the cou

CL A fl-E- > ‘L* L- O (y A Q . by certified mail return receipt requested, i

A

_

cb

m.PRESIDING\

i

DISTRICT COURT

HARRIS COUNTY, TEXAS

AFFIRMATION

m

%Hi0#

*

I, [A >

( i at Law, swear or affirm that I will be solely

Attorney

responsible writing a brief and represen tinglhe appellant on appeal. If I am not able to preform my

fof:

duties /as appelate cojmsek I will notify the court immediately so that the court may take the

appropriater aÿogÿaÿeeme/miaecessary.

BAR/SPN NUMBER

ADDRESS

CCPU ( r

7 3TY 7 STATE ZIP

7r*1 Hz)

7AX NUMBER

EMAIUADDRES Sij

ml

VI If

SWORN TO AND SUBSCRIBED BEFORE ME ON SEP 1 1 2015

DEPUTY DISTRICT CLERK (SIGNATURE)

DISTRICT CLERK

APPEAL CARD /51/

Court Cause No.

H-)ÿ

The State of Texas

(°gjo lO

Date Notice

Of Appeal:

Presentation: Vol. Pg..

Judgment: Vol. _ Pg..

Judge Presiding

_

Court Reporter _

Court Reporter CjftgjfLiS L-o

_

Court Reporter

Attorney

on Trial k'.Qg-T -Uo

Attorney

on Appeal

Appointed >0 Hired _

Offense ASStrÿ CUtuD

Jury Trial: Yes M No.

Punishment

Assessed _ U-9-e.

Companion Cases

(If Known) \VV0 1 £ B °[

Amount of

Appeal Bond

Appellant

Confined: Yes )Q No.

Date Submitted

To Appeal Section °\ V tv*( IS

Deputy Clerk

Notice of Appeal Caid Rev 9/84

%

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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