Court of Civil Appeals of Texas, 2015

Jovante Charles Banks v. State

Jovante Charles Banks v. State
Court of Civil Appeals of Texas · Decided February 26, 2015

Jovante Charles Banks v. State

Opinion

CHRIS DANIEL 01-15-00184-CR HARRIS COUNTY DISTRICT CLERK

February 25, 2015 FILED IN 1st COURT OF APPEALS JOSHUA HILL HOUSTON, TEXAS ATTORNEY OF RECORD 2/26/2015 3:12:41 PM 4615 SW FRWY., SUITE 600 CHRISTOPHER A. PRINE HOUSTON, TEXAS 77027 Clerk Defendant's Name: JOVANTE CHARLES BANKS Cause No: 1370633 Court: 180™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 02/13/2015 Sentence Imposed Date: 02/13/2015 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: JOSHUA HILL Pauper's Oath On Appeal Filed: 02/13/2015

Sincerely,

vs/N. Salinas Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas K. 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 77210-465 1 i\ Cause No. THE STATE OF TEXAS A/K/A/ f3 im District Court / County Criminal Court at Law No. Harris County, Texas

NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: Time: 13 2015 On (date), the defendant in the above numbered ed causeu jive's*as NOTICE OF APPEAL of his conviction. Depufp-~~-—.

The undersigned attorney (check appropriate box): t MOVES to withdraw.

ADVISES the court that he will CONTINUE to represent the defendant on appeal

Date Attorney (Signatureÿ t. rlurra rÿL wrn « A Defendant (Printed name) Attorney (Printed name) State Bar Number . . tytfy PA t/'r\ Sfj, 9 /). n I** MAK7(-b- 8 Telephone Number The defendant (check all that 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. pC 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.

Defendant (Signature) Defendant’s Printed name

By Deputy District Clerk of Harris County, 'fexa'ÿÿÿct)v>ÿ u,/ _ hnp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 p9ÿ-w'AtTirmJfion).docx/P0gp l/of 3 0M"'°6 \<?i> 1 vS so s»>"I.

ORDER On t4hA<> the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time.

p'ls indigent for the purpose of employing counsel paying for a clerk’s and court reporter’s record. employing counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that Counsel’s motion to withdraws GRAailfeD /DENIED.

Defendant / appellant’s motion (to be found 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.

The COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to defendant / appellant.

BAIL IS: SET at S _ To CONTINUE as presently set.

DENIED and is SET at NO BOND. (Felony Only) DATE SIGNED: JUDGE PRESIDING, |TSD DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS * /*/ JM.

hnp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 2 of 3 06/01/06 ; Cause No. Bloub'i THE STATE OF TEXAS A/KJAJ

Ito District Court / County Criminal Court at Law No. Harris County, Texas

OATH OF APPOINTED ATTORNEY ON APPEAL —IOSUUOL M-IU , 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.

ZHoHqZol j_ gZIÿTMZO Attomey-at-Law (Signature) BAR Number / SPN M(pi5 f-\6U5fp/l , TX '1'lcZl Address City / State / Zip 113- n\1-(eZ<c‘C\%Z Phone FAX

z|n|zoi<r — SWORN TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas (S. -(

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w Affirmation).docx Page 3 of 3 06/01/06 HI Cause No. 137ouÿs © THE STATE OF TEXAS IN THE I& DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. , Defendant HARRIS COUNTY, TEXAS foAtJVis 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] I I 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] O is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] CD is a plea-bargain case, and the defendant has NO right of appeal, [or] the defendant has waived the right of appeal.

Iv-K Judge 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 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. 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.

Defendant Defendant's Counsel /1/eg'ftVTf 01

Mailing Address: State Bar of Texas ID number: Telephone number: Fax number (if anv):T7fna: _ Mailing Address: Telephone number 7/ us_ 6'iy 8*. Fax number (if any): * “A defendant in a criminal case has the right of appealunder 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 PAUPER’S OATH ON APPEAL CAUSE NO.: rS70l?3 OFFENSE: A<\&* Se* C/iSfj THE STATE OF TEXAS im DISTRICT COURT VS. OF HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES _, defendant in the above styled and numbered cause, and states under oath that he is without funds, property or income. The defendant fes{ÿct|ullypetitions 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. Tjÿe.

By, rv~, , '

— y DEFENDANT D~PUty SUBSCRIBED ANS- SWORN to before me, this. 1?) dav of A.D., 20 .

DEPQTY DISTRICT CLERK 4%f) DISTRICT COURT HARRIS COUNTY, TEXAS ORDER On 3Jb n. aDi-S- the court conducted a hearing and found that the defendant is indigent.

The court orders that — defendant/appellant on appeal. is appointed to represent The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant.

It is further ordered that the clerk of this court mail a ccjpy of the order to the court reporter: _ by certiflechmdn return receipt requested.

Q JUDGE PRESIDING IflQ DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION •ÿQSUOOL M-.ll ., 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 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) BAR/SPN NUMBER M645 SMEUMJi* HCITY ouifo*_TX ~ "7702.1 ADDRESS STATE ZIP 113-413ÿ311 l\Z-(o7.(o'0\%Z PHONE FAX NUMBER /lofaoi (g J l-Ki-hc . CQlAA EMAIL ADDRESS ' SWORN TO AND SUBSCRIBED BEFORE IE ME ON zJnJz (0 1 DEPUTYDISTRICTCL'ERK' (SIGNATURE) APPEAL CARD hi/' Cause No. Co$L_ The State of Texas \ Vs i-VS'/T" 2-fb-K _ Date Notice Of Appeal: Presentation: VoL Pg..

Judgment: Vol. Pg*.

Judge PresidinsÿAT\V€ÿNJlÿ SMlftlOSs Court Reporter KL PA Court Reporter_ Court Reporter Attorney onlriarftVPrt-H N\\K£JMÿ lUtÿOÿlO Attorney on Appealÿ!)JSc?—OFTT;f HI ]|hJ £7?

Appointed Hired Oflfeÿe /. 0 (IbOÿCubJU' \ojJt Jury Trial: Yes No Punishment Assessed _M iÿJi>/v-'TACT-ClP Companion Cases (If Known) _ Ui(V Amount of Appeal Bond Appellant Confined: Yes No Date Submitted To Appeal Section > J2- ££ÿ/s Deputy Cler <3 VAJT HW

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