Toni Tavarez v. State
Toni Tavarez v. State
Opinion
CHRIS DANIEL 01-15-00268-CR
© March 18,2015 HARRIS COUNTY DISTRICT CLERK
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/24/2015 12:59:29 PM DAUCIE SCHINDLER CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk 1201 FRANKLIN, 13™ FLOOR HOUSTON, TX 77002 Defendant’s Name: TONI TAVAREZ Cause No: 1450059 Court: 177™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause- Notice of Appeal Filed Date: 3/12/15 Sentence Imposed Date: 3/12/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: DAUCIE SCHINDLER
Sincerely, 3. M&&C5 S. NORRIS Criminal Post Trial Deputy CC. Devon Anderson District Attorney Appellate Division Harris County, Texas LINDA HACKER (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 f - 1l Cause No. 145005901010 :2- 9°) THE STATE OF TEXAS V. TONI TAVAREZ PA 177™ District Court / County Criminal Court at Law No. Harris County, Texas F Chrii ED I LDaniel District Clerk NOTICE OF APPEAL MAR 1 3 2015 Time:. Harris County, Texas TO THE HONORABLE JUDGE OF SAID COURT: By Deputy On (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction The undersigned attorney (check appropriate box): MOVES to withdraw ADVISES the court that he will CONTINUE to represent tj indant on appeal 3//«//.
Date Attornev-fSignature)
Defendant-ÿ riÿteÿ- naye) JJ orney Attorney (Printed name) Chris Daniel District Clerk MAR I 2 2015 State Bar Nurnhw zp/j . -- „ Time:. Address Harris County, Texas By Deputy 7/5 2-2 Ss~4-7 Telephone Number The defendant (check all that apply): to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him f$$SKS the Court to ORDER that a free record be provided to him iÿÿKS the court to set BAIL Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief
DOTenddnt (Signature) Defendant’s Printed name SWORN TO AND SUBSCRIBED BEFORE ME ON /) .' t? "f 9 By Deputy District Clerk of Hams County, Texas
http //hcdco-intranet/Cnminal/Crrminal Courts/SOPs and Forms Library/Crimmal Fomis/Notice of Appeal (3pages-w Affirmation) doc\ Paae 1 of 3 06/01/06 ORDER
On 7% /1 3 /! S'" the Court conducted a hearing and FINDS that defendant / appellant / / IS NOT indigent at this time £ÿIS indigent for the purpose of counsel JSÿpaying 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 motion to withdraw igtjRANTEDjjÿENIED.
Defendant / appellant's motion (to be found indigent) is DENIED Defendant’s / appellant’s motion lS-GRANTED and gr f) au C-i Qoh i hÿl r~ (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 $ _ To CONTINUE as presently set and is SET at No BOND (Felony Only)
/ 3/ DATE SIGNED 3// / / JUD(JE PRESIDING p- DISTRI£T.G'O0R-T7 COUNTY CR|MI V HARRIS COUNTY, '
1;'A V
http //hcdco-intranet/Crimmal/Criminal Courts/SOPs and Forms Library/Crimmal Forms/Notice of Appeal (3 pases-vv Affirmation) doc\ Paee 2 of 3 06/01/06 PAUPER’S OATH ON APPEAL CAUSE NO.: OFFENSE: THE STATE OF TEXAS n't*6- DISTRICT COURT VS fto/dje*’7.
OF a HARRIS COUNTY, TEXAS V TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES $yVL / _ , 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) Appoint appellate counsel to represent him.
Asks the court to order that a free record be provided to hjm.
SUBSCRIBED AND SWgUÿco before me, this_day of iJf A.D.. 20ÿ K Chris Daniel District Clark DEPUTY DISTRICT QfLERK MAR 1 3 2015 f T 1PISTRICT COURT Time:. HARRIS COUNTY, TEXAS Hartlt toun«», T«*»» By. - D«puty ORDER On 3j the court conducted a hearing and found that the defendant is indigent.
The court orders that Sak t J)ef is appointed to represent , D l' defendant/appellant on appeal. fv-ths The court reporter is ordered to prepare and file the reporter’s record without charge to the(JJÿrC><xÿA defendant/appellant.
Q____ It is further ordered that the clerk of this court mail a copy to the court reporter: _ , by certified mail repirarecÿifft requested.
/ >/ ’ JUDOppsmiNG _ J /DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION I, A Sokt/d/ler _, 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 acticm as deemed necessary.
&M. QL tfTPSZZ ATTORNEY (SIGNATURE) * BAR/SPN NUMBER Lÿ-QJ 7ÿ. 77ÿ ADDRESS CITY ' STATE ZIP 713- 3 ls> PHONE OO[(Q FAX NUMBER dPauzie** sck',sj/u EM AIL ADDRESS ' SWORN TO AND SUBSCRIBED BEFORE ME ON DEPUTY DISTRICT CLlERKÿSIGNATURE) DISTRICT CLERK Cause No. 145005901010 IN THE 17TH DISTRICT COURT THE STATE OF TEXAS COUNTY CRIMINAL COURT AT LAW NO. V. HARRIS COUNTY, TEXAS TONI TAVAREZ TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* I, judge,of the trial court, certify this criminal case.
0 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 has the right of appeal, [or] is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal [or] is a plea-bargain case, and the defendant has NO right of appeal, [or] ED the defendant hi e right of appeal.
3/V/ÿ Judge 7 / 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 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 oppgftujitÿtp |£ÿ ajIfyo se petition for discretionary review S5« Defenpdnt MAR 1 0 2015 Defendant's Counsel County, Texas ( A Mailing Address- SiaitrBar of Texas ID number: Telephone number: // Mailing Address- Fax number (if any)- /~7/3.ÿMÿei 1Y Telephone number: _____0__ n s+nct Clerk 2015 MAR 1 Fax number (if any) '"erne * "A defendant in a criminal case has th1nrf£hf8f right to appeal in every case i n Hv hieh-i t-enterÿ j a$[tea? under these rules The trial court shall enter a certification of the defendant's m u 11 uf 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 2(a)(2) S£ APPEAL CARD 5-U- 15 Cause No. Court U(SMT7 The State of Texas Vs ~Toi\i Of U Cr P* <f ~Lÿ J 3_l2>-/5 Date Notice Of Appeal: (( 2 / S Presentation: Vol. Pg-.
Judgment: Vol.. Pg-.
Judge Presiding jjjjJ Cnyyl f 0 j~Asi qrc]_Cs fC Court Reporter Court Reporter _ /L ( c.. (C.& Court Reporter _ Attorney on Trial_ £ f £LQ 3 Attorney on Appeal (3/ & | [T Appointed _ Hired.
Offense 4AUI Jury Trial: Yes No. Punishment Assessed _ Companion Cases (If Known) 1 Amount of Appeal Bond O 0? — Appellant Confined: Yes No Date Submitted To Appeal Section Deputy Clerk
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