CHRIS DANIEL 9 HARRIS COUNTY DISTRICT CLERK

FILED IN July 24, 2015 1st COURT OF APPEALS HOUSTON, TEXAS HONORABLE CATHERINE EVANS 7/30/2015 10:50:01 AM 180TH DISTRICT COURT CHRISTOPHER A. PRINE HARRIS COUNTY Clerk

Defendant’s Name: JAY COLBY FITZGERALD Cause No: 1474585 Court: 1 80th DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 7-23-15 Sentence Imposed Date: 7-23-15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

incerely.

L Arriagÿ J _ Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas KATHERINE 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 Cause No. I (U THE STATE OF TEXAS V. JSCvu\ PlK-folÿ PlTÿfroZAift A/K/A/ UtCourt at LuwNo.

District Court / Couuty Ciii D Harris County, Texas ®s?sa TO THE HONORABLE JUDGE OF SAID COURT: NOTICE OF APPEAL Time: By _ _ JUL 23 2015 :°unijr( TMJT

On (date), the defendant in the above numbered and styled cause gives NOTICElor APPEAL of his conviction.

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

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

n bÿ£ \Dctfi, Date <1Q-] h'jlnPiQld Defendant (Printed name) Attorney (Signature) <1piny (/YnV\ % Attorney (Printed name) State Bar Number / . j Qn Address BrntLA l4}0bi£ 32-0 Tbe defendant (check all that apply): Telephone Numburÿ S3 S& n REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. er ASKS the Court to ORDER that a free record be provided to him. a 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.

Dependi iignatui Defendant's printed naml 7<r * / v-e 'SWORN TO AND SUBSCRIBED BEFORE ME ON xs By Deputy District Clerk of Harris County, Texas oI \°X .-'vv hnpÿ/hcdco-imranet/Craninal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w AfTirmaiiofiJ.docx Page I ot’3 06/01/06 ORDER On 'Vy*y\<> the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time.

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

The Court ORDERS that /<ÿ\\ Counsel’s motion to withdraw i /DENIED.

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

S' Defendant’s / appellant’s motion is GRANTED and S'is APPOINTED to represent defendant / appellant on appeal. (attorney’s name & bar card number) COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to S defendant / appel lant.

BAIL IS: SET at $ _ TO CONTINUE as presently set.

DENIED and is SET at No BOND. (Felony Only) DATE SIGNED: JUDGE PRESIDING, DISTRICT COURT/ .

COUNTY CRIMINAL COURT AT LAÿ BO/. _ £/ NS ’

x.4 \« o HARRIS COUNTY, TEXAS o \o \ d>\. \ --— W dO

htip://hcdco-intranet/Criminal/Crirntnal Courls/SOPs and Forms Librsry/Criminal Forms/Noiice of Appeal (3 pages-w Affirmation).doex Page 2 of3 06/01/06 mmss’.s THE STATE OF TEXAS Cause No. V INTHEI<?<9 7ÿ DISTRICT COURT © V. COUNTY CRIMINAL COURT AT LAW NO. _, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT'S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* l, judge of the trial court, certify this criminal case: 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] I~1 is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or] ["I is a plea-bargain case, and the defendant has NO right of appeal, [or] f~1 the defendant has waived the right of appeal.

n.Q 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. 1 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.

/ befeu&mtÿ * * Defendant’s Counsel Mailing Address: _ FILED State Bar of Texas ID number Telephone number: _ Chri» Daniel District Clerk Mailing Address: fc8f',h Tl Coi-' JUL 23 2015 Fax number (if anyÿm( Telephone number - «nrrl» County, TaxEt* Fax number (if any): 7)/ 3 Dopulj * “A defendant in a criminal case has the right of appeal under these rules. The Ural court shall enter a cettification: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 die trial court's permission to appeal." TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2).

CLERK 9/1/2011 CAUSE NO.: mm-sspo PAUPER'S OATH ON APPEAL [mÿss' r OFFENSE: A£i£-y ?z THE STATE OF TEXAS jU I DISTRICT COUR'Pfÿ VS. OF HARRIS COUNTY, TE&A£ J°L 24 TO THE HONORABLE IUDGE OF SAID COURT: Ojpjp%sÿÿ NOW COMES AAÿ(LQC£XJ P \\ fa P(£ALQ defendant in the above styled andnumBSred cause, and states under oath that lie 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 him.

/ DpENB&fT V SUBSCRIBED AND SWORN to before me, this dav of~ÿU-ÿ A.D., 20 15T iternty DISTRICT CLERK 1)0 DISTRICT COURT [ARRIS COUNTY, TEXAS

ORDER OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent. thatÿÿ cVvoxi?. PP\ÿ -£r\f IMjs appoi nted to represent $3) The court orders defendant/appellant on appeal.

The court reporter is ordered to prepare and file the reporter’s record without charge to the defendant/appellant. * _ It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter r\ vu\ k) IC , by certified mtuTretum retfeip) requested.

JUDGWRESII5ING iXO DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION I, K\ A-ÿÿttomey at Law, swear or affirm that I will be solely responsible for writing a brief and representing the appellant on appeal. If 1 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! V BAWSPN NUMBER ADDRESS CITY STATE ZIP

PHONE in PW ?Tr7 FAX NUMBER tu rVt EMAILADDRESS n rop/S) SWORN TO AND SUBSCRIBED BEFORE ME ON DEPUTY DJSTÿCT CLERK (SIGNATURE) DISTRICT CLERK „ Cause No. THE STATE OF TEXAS <3 A-C| P-|T7faKlPA*fV A/K/A/

\toTYf District Court / County CHlnlmU Coui I at Luw-Ntr.

Harris County, Texas

OATH OF APPOINTED ATTORNEY ON APPEAL I, 1/ 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.

U*. !3 Attomey-at-Law (Signature) BAR Number / SPN 9P.?2>X Address City / State / Zip

Phone '13 FAX ~V3_ * _0/ÿ SWORN TO AND SUBSCRIBED BEFORE ME ON w II By Deputy District Clerk of Harris County, Texas \r: / N,, & tic's'll /ÿ

hnp://hcdco-intranctATrimjnfll/CriminaJ Coura/SOPs and Forms Library/CrimirmJ Forms/Nolice of Appeal (3 pages-w Aflirmaiion),docx Page 3 of 3 06/01/06 APPEAL CARD IET The State of Texas Vs , NCUA IT?

Date Notice Of Appeal: _ Presentation: Vol. Pg..

Judgment: Vol.. Pg*.

Judge PrÿidinpOiVTl\0iZVVAÿ EMA'MS Court Reporter Court Reporter Court Reporter _ OEM ~P

(riOH \M \CA* Attorney on Appeal. Tt> foC bgTBfcfftiMgQ Appointed _ Hired Offense Jury Trial Yes v/ No Punishment Assessed _ MD dr<0 (If Known) _ Companion Cases l«?o Amount of Appeal Bond. jzr Appellant Confined: Yes No Date Submitted To Appeal Section _ J[)j g T Deputy Clerk