Ex Parte Julio Gialito Aruizu
Ex Parte Julio Gialito Aruizu
Opinion
01-15-00250-CR CHRIS DANIEL H ARRIS COUNTY DISTRICT CLERK 9 & FILED IN 1st COURT OF APPEALS March 18,2015 HOUSTON, TEXAS 3/19/2015 1:15:13 PM LANCE NGUYEN CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 3303 MAIN STREET #303 HOUSTON, TX 77002 Defendant’s Name: JULIO GIALITO ARUIZU Cause No. 1943590 Court: COUNTY CRIMINAL COURT AT LAW #7 Please note the following appeal updates on the above mentioned cause.
Notice of Appeal on Writ of Habeas Corpus filed: 3/9/15 Ruling Made: 2/3/15 Court of Appeals Assignment: First Court of Appeals _ Appeal Attorney of Record: LANCE NGUYEN Sincerely,
Norris Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas SANDRA POWELL (DELIVERED VIA E-MAIL)
This is your notice to inform any and all substitute reporters in this cause.
1201 Franklin POBox4651 Houston, Texas 77210-4651 f
• < Cause No. 1943590 £ %v%ÿ % **ÿ& In Re: In the County Criminal Cd&ft <r % JULIO GUALITO ARUIZU § Court at Law No. 7 t £ (Writ of Habeas Corpus) § Harris County, Texas * NOTICE OF APPEAL TO THE HONORABLE COURT: NOW COMES Julio Gualito Aruizu, Appellant, and files this Notice of Appeal, to wit: 1. Appellant desires to appeal from the trial court’s Judgment (Writ of Habeas Corpus) denied and signed on February 03, 2015, and any FINDINGS OF FACT AND CONCLUSIONS OF LAW related to said Judgment.
2. Information as required by TRAP 25.2 and 31.1 (habeas corpus), is as follows: a. The trial court number is County Criminal Court at Law #7, Harris County, numbered and styled as, No. 1943590. The State of Texas v. Julio Gualito Aruizu (application for writ of habeas corpus); b. The judgment and/or appealable order from which Appellant is appealing is the Judgment (Writ of Habeas Corpus) denied and signed February 03, 2015, and any FINDINGS OF FACT AND CONCLUSIONS OF LAW related to said Judgment; c. Julio Gualito Aruizu desires to appeal from the aforementioned judgment and any related Findings of Fact and Conclusions of Law;
RECORDER’S PÿEMORANDUM This instrument is of poor quality at the time of imaging Y d. This appeal is to the Court of Appeals - Houston, either the 1st or 14th Circuit; e. Julio Gualito Aruizu is filing this notice of appeal, through the undersigned counsel; 3. Appellant requests that the court reporter prepare without fee/in forma pauperis and certify a reporter’s record, transmitted to the appropriate appellate court.
PRAYER FOR THESE REASONS, Appellant prays the appellate Court set this matter for appeal and oral hearing or arguments, and reverse and remand or, alternatively, reverse and render in favor of Appellant regarding his Petition/Application for Writ of Habeas Corpus, and all other relief as requested therein. Appellant prays that his underlying guilty plea be set aside or withdrawn, and/or, alternatively, that a new trial be granted in the underlying criminal case. Appellant prays for all relief to which he may be entitled, at law or in equity.
Respectfully submitted, fAAJ. :n SBN 24010266 3303 Main Street, #303 / Houston, TX 77002 Tel: (281) 999-5111 Fax:(281)786-3379 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading was served on the Harris County District Attorney’s Office on March 5, 2015, via fax.
,ance Nguyen
CAUSE NO. W4 o£% THE STATE OF TEXAS § IN THE COUNTY CRIMINAL vs. § COURT AT LAW NUMBER 7 § HARRIS COUNTY, TEXAS
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, Judgejof the trial court, certify this criminal case: J3r 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 eal. [or] is a plea-bargain case, but the tri leal, and the defendant has the right of appeal, [or] gnasÿ|ivÿÿrrmÿsiet is a ple&=bargain case, aadw right'ofappÿÿÿ the defendant has wawg&Ahf igjit'bf appeal. A %. \ A / Judge Presiding I have received a copy Of / case, including any rigfi&p file a pro se petitmpjor dig ifo _ >ate Signed famyrights conbÿmn Vs iy appeal of this criminal SraSaEÿew pursuant jo Rule*6| of the Texas Rules of Appellate Procedure. I Ba©; beenkdmonished thaflniyÿtoiÿy rmjst mail a copy of die co appeals' judgment and opinion to my last knowfeaddress "and that 1 have musfeo daÿÿn wmch to file a pro se petitibjUor discretionary review in the court of appeals. TteasR. Apjx P. 68.2. 1 wish to appeal this casino if I am entitled to do so, acl®Swected*EÿÿfI it is my duty to inform rpjgappellate, attorney, bÿwrj££en comnumjcafion, of any xhangemwie address at which l am currently living or any cnbigfe in myÿurrent prÿpfiunit. I understuhdlthat. became ofrogplate deadlines, if I fail to timely inform my appellateVttomÿof apy change in my address, I mayÿlose the oppeijuÿjy to file a pro se petition for
Q*J'o fa r Defendant Co J j 1 Soi Ipg 1-f HOi1 'Z 0 State Bar of Texas ED Number: GS Qrs> siS-teM Telephone number: 3301 Mailing address: Mloi SL FTTr£D Daniel Chris C*j) W'SM Fax number (if any): Telephone number: District Clerk MAR 1 3 2015 r Z-hG) 3%-7 hC' Fax number (if any): / Time:. Harris County, Texas *A defendant in a nriminayaÿe has the right rrfnmunl undcrthese rules. The trial court shall enter a certification of the defendant's right to appeal in every case in which it enrerf 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 written motion filed and ruled on before trial, or (B) after getting the trial court's permission to appeal. TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2).
CCL Form 22 12-04-2012 - C-72 RCT. V. \ APPEAL CARD Court Cause No. n The State of T< 19435ÿ0
3ulio Amiÿ Date Notice 3-SH5 *?- « of Appeal:__ Presentation; VoL VoL _ _ Pg..
Pg-_ judgment: p Judge Presiding, M_ÿy\ 0 1/ $ kt Court Reporter, PQU+LU Court Reporter_ Court Reporter_ Attorney on Trial UIAC-C Attorney an Appeal Appointed, Hired _ Off* Corp<<S Jury Trial: YeT No /, Punishment Assessed Companion Cases Qf Known) _ AJA~ Amount of jOÿr Appeal Band, Appellant Confined: Yes No Date Submitted to Appeal Section, C?- I?
Deputy Clerk,
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