Court of Civil Appeals of Texas, 2015

James Kirk Edmondson v. State

James Kirk Edmondson v. State
Court of Civil Appeals of Texas · Decided December 7, 2015

James Kirk Edmondson v. State

Opinion

01-15-01037-CR CHRIS DANIEL fSl $ HARRIS COUNTY DISTRICT CLERK FILED IN 1st COURT OF APPEALS December 4, 2015 HOUSTON, TEXAS 12/7/2015 11:34:18 AM HONORABLE RUBEN GUERRERO CHRISTOPHER A. PRINE 174™ DISTRICT COUT Clerk HARRIS COUNTY HOUSTON, TX Defendant’s Name: JAMES KIRK EDMONDSON Cause No: 1390554 Court: 174™ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 12/02/15 Sentence Imposed Date: 11/12/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

Sincerely,

Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas B.J. ORSACK (DELIVERED VIA E-MAIL)

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

RECORDER’S MEMORANDUM This instrument is of poor quality at the time of imaging 1201 Franklin P.O.Box 4651 Houston, Texas 77210-4651 Cause No. 37 & J~-S */ F Chris '& M I LDaniel • r District Clerk THE STATE OF TEXAS v. DEC 0 2 2015 A/K/A7 Tims:. Harris County, Texas

[79*' District Court / County Criminal Court at Law No. Deputy

Harris County, Texas

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

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

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

- \ Z Z- - >-OLS Date

Defendant (Printed name) Attorney (Signature) 'R-i'D Attorney (Printed name) State Bar Number — )

1 7&oc Address Telephone Number The defendant (check all that apply): CTÿREPRESENTS 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. ifÿASKS the court to SÿBAIL.

AccpfHjngly, flant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the refluÿstt? fief.

Defend auri(Signature) Defendant’s Printed name SW3l*N TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas

Page 1 of 3 ORDER

On the Court conducted a hearing and FINDS that defendant / appellant is NOT indigent at this time. indigent for the purpose of O'employing counsel Staying for a clerk’s and court reporter’s record. (ÿemploying counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that v Counsel’s motion to withdraw <fs GRANTED D.

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

Cl 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 $ _ DENIED and is SET at NO BOND. (Felony Only) DATE SIGNED: i/ati's •dtJÿGE PREÿMNGT fTÿDlSTRiCT COURT / COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, TEXAS

Page 2 of 3 rÿ- Cause No. Si '%s?/ TILE STATE OF TEXAS IN THE ' ( 1 DISTRICT COURT v. COUNTY CRIMINAL COURT AT LAW NO. ZJAÿS,U/v/ Defendant HARRIS COUNTY, TEXAS 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] 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] CH 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] I I the defendant has waived the right of appeal.

l (s' A 0£C 02 2015 Date Signed Tim®-. Hÿ7iT«ÿTexa3 Deputy 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 aj ititled to do so, it is my duty to inform my appellate attorney, by written communication, of any c hi in the address at which I am currently living or any change in my current prison unit. I understand that :ause of appellate deadlines, if I fail to timely inform my appellate attorney of any change in rpfy isTlÿfiay lose the opportunity to file a pro se petition for discretionary review. y Defendant z Defendant's Counsel Marfifig Address: _ State Bar of Texas ID number: L'ICK-JIZS Telephone number: Mailing Address: VgfflT Fax number (if any): Telephone number: *1/ c) 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 25.2(a)(2). RECORDER’S MEMORANDUM This instrument is of poor quality at the time of imaging nj APPEAL CARD \ I II - i U "

Court ,> Cause No. . (2MJSL The State of Texas Vs C SJAM S Qrÿj II I \>l\5 Date Notice Of Appeal: _(j2~(~i'0j I ZÿJ

Presentation: Vol. Pg, Judgment: Pg, Judge Presiding Court Reporterxÿfe?, c K Court Reporter Court Reporter Attorne on Trial Attorney on Appeal.

Appointed. Hired

Offense -3ÿ7 Mr Ck U- TZ?

Jury Trial Yes No Punishment Assessed _ LAJL _ Companion Cases (If Known) Amount of Appeal Bond Appellant Confined: Yes 1/ No Date Submitted To Appeal Section (l-'’ £ Deputy Clerk

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