Court of Civil Appeals of Texas, 2015

Gary Edmund Haynes v. State

Gary Edmund Haynes v. State
Court of Civil Appeals of Texas · Decided September 8, 2015

Gary Edmund Haynes v. State

Opinion

CHRIS DANIEL 98*%& H \RRIS COUNTY DISTRICT CLERK & FILED IN August 28, 2015 14th COURT OF APPEALS HOUSTON, TEXAS 9/8/2015 9:34:47 AM KYLE R. SAMPSON CHRISTOPHER A. PRINE ATTORNEY OF RECORD Clerk FRANKLIN. SUITE 310 HOUSTON, TX 77002 Defendant's Name. GARY EDMUND HAYNES Cause No: 1441991 Court- 248™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause.

Notice of Appeal Filed Date: 8/26/15 Sentence Imposed Date: 8/17/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: KYLE R. SAMPSON

Sincerely,

Criminal Post Trial Deputy CC Devon Anderson District Attorney Appellate Division Hams County, Texas

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

RECORDER’S MEMORANDUM is of poor quality This instrument imaging at ilie time of

1201 Franklin POBox4651 Houston. Texas 77210-465 1 aa-f1 Cause No

a THE STATE OF TEXAS v. jAIKJAJ

24$ District Court / County Criminal Court at Law No. Harris County, Texas

NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: On 9-3.5- 1-3 NOTICE OF APPEAL of his conviction. (date), the defendant in the above numbered and styled cause gives

The undersigned attorney (check appropriate box): /MOVES to withdraw. \/ ADVISES the court that he will CONTINUE to represent thejdefecfdant on appeal 3- 3.5-t 5 Date pv , Altefnev (Signature# // (TlAA-Cf ]Y/WAKJA Defendant ndme) (Printed 7ÿ7(0 Att&rney M (Printed name) ,fk_ IL1® ' /</£ State Bar-Numbci - —/-) s / , 3 /? 7 AUG 2B 20ÿ5 Address Time:. "Harris Couniy, 'ÿ"ta8 Telephone Number The dBUtmlant (etreggpflty fhat apply): REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT

V 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 A A.Stÿ-g. (QAA, / Mu L-zjy1 defendant /signature) Dcfendant’/Printkd m/me , „ SWORfJ TO AND SUBSCRIBED BEFORE ME ON " AUG 72 6 zhIB By Deputy District Clerk of Harris Counl rzy http //hcdco-intranet/CrimmaJ/Cnminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal 01281 1 doc Page 1 of 3 1/28/1 1 ORDER

On the Court conducted a hearing and FINDS that defendant / appellant IS NOT indigent at this time. &1S indigent for the purpose of employing counsel paying fora clerk’s and court reporter’s record. counsel and/or paying for a clerk’s and court reporter’s record.

The Court ORDERS that aÿCounsel’s motion to withdraw iÿtjRANTÿp / DENIED.

Defendant / appellant’s motion (to be found indigent) is DENIED. oÿDefendant’s / appellant’s motion is GRANTED and Attorney _ _ Bar Card Number__ SPN Number is APPOINTED to represent defendant / appellant on appeal.

Harris County Public Defender’s Office (HCPD) is APPOINTED to represent defendant/appellant on appeal.

Assistant Public Defender Assigned by HCPD SPN Number _ Bar Card Number 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.

OÿDENIED and is SET at No BOND. (Felony Only)

DATE SIGNED: AUG 2 6 2016 _ JUDGEÿPRESIDING, DISTRICT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

http //hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Ltbrary/Crimmal Forms/Notice of Appeal 012811 doc Page 2 of 3 1/28/1 1 Cause No. ILumi THE STATE OF TEXAS IN THE PÿTDISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. Hornes,& , Defendant HARRIS COUNTY, TEXAS 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] 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] t~l 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] the defendant has waived the right of appeal.

AUG 2 6 2016 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 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.

M Defendant cmm Detent ant's Counsel Mailing Address: _ FILED Chris Daniel State Bar of Texas ID number: 3* Y District Ciork Telephone number: /Min 26 ?nis Mailing Address: <7?7 fhSkiÿl Fax number (if any) Time: - Hairtq fiftunty. Texas Telephone number By.

Deputy Fax number (if any): _ * “A defendant in a criminal case has the right of appeal under 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 2(a)(2) CLERK 9/1/2011 PAUPER S OATH ON APPEAL CAUSE NO.: iMM OFFENSE: THE STATE OF TEXAS ISTRICT COURT VS. OF GÿOCVM ’fW|vNg.S HARRIS COUNTY, TEXAS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES l lA-ÿA _ , 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 him.

m _ DEFENDANT ' SUBSCRIBED AND SWORN to before me, this day oU A.D.. 20 /ST SLEfiOTY DISTRICT CLERK 2ÿZDISTRICT COURT ARRIS COUNTY, TEXAS ORDER On fjn/ is /> the court conducted a hearing and found t|aat mb defendant is indigent.

0ÿ The court orders that defendant/appellant on appeal. j/lfL 5o/\ is appointed ' -TK The court reporter is ordered to prepare and file the reporter’s record without charg7tothe\ defendant/appellant. \ It is further ordered that the clerk of this court mail a copy of the order to the court reporter: _ , by certified mail return recdptxequested.

JUDGE PRESIDING 1 _ DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION j/uL _ , Attorney at Law, swear or affirm that I will be solely responsible for writing a orief 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.

Qoy?SÿI ATTORNEY (SIGNATURE) BAR/SPN NUMBER 7/7 7PocA ZIP ADDRESS CITY STATE f7/?)337Vÿ0 (ill) 77ÿ7ÿ7 PHONE FAX NUMBER k'jjbfikfltfaAinfoo > A \AJ. CO/V\ EMAIL ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ON AUG 2 6 2016 -DEPUTY D CLERÿ(SIGNATURE) DISTRICT CLERK APPEAL CARD I CM OH 5 Cause No. Mmi The State ofTexas

Date Notice Of Appeal: Ofi'dfS- I S 2- 1 7-/5 Presentation: Vol. Pg..

Judgment: Vol. Pg- Judge Presiding Court Reporter _ CtZhti _ K&£hPfJ mSS, Court Reporter Court Reporter _ Attorney on Tran' Mnwjnf&p,. Tiwsm/ Attorney on Appeal Scimfximj jtijU R Appointed Hired Offense Ayjrawttcd hssajJt fmlluM&nfar Jury Trail: Yes No Punishment Assessed IJÿKIQL _ Companion Cases (If Known) Amount of Appeal Bond Appellant £ Confined: Yes No Date Submitted To Appeal Section > OHj !MQ j/S / _ Deputy ClerÿÿÿÿAÿ

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