Joseph Smith v. State, 14-15-00625-CR

Joseph Smith v. State

14-15-00625-CR

| Tex. App. | Jul 23, 2015

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Case Information

June 23, 2015 MARK KRATOVIL ATTORNEY OF RECORD 1201 FRANKLIN, $13^{T H}$ FL HOUSTON, TX 77002

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/23/2015 8:36:36 AM CHRISTOPHER A. PRINE Clerk

Defendant's Name: JOSEPH SMITH Cause No: 1397699 Court: $228^{T H}$ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 6/16/15 Sentence Imposed Date: 6/05/15 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: MARK KRATOVIL

Sincerely,

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

MARY LISA MILLS (DELIVERED VIA E-MAIL)

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

Jeopardy. This, Dr. Andreat readers this notice as evidence of his desire to appeal conviction in Cause of 1397699.

Respectfully Submitted,

Joseph Smith DEFENDANT

Joseph Smith SPSH 0259244, being presently incarcerated in the Harris County

*4 This is to certify that on June 11, 2015, a tour and correct copy of the above and keeping document was sent through the Harris County Jail by best- class U.S. Ma't to the Harris County District Clarks office at the following address: Criminal Justice Building 3rd Floor 1201 Franklin St. Hundra, TX 77002

THE STATE OF TEXAS v.

SMITH, JOSEPH ANTHONY

, Defendant

County Criminal Court at Law No. Harris County, Texas

Trial Court's Certification of Defendant's Right of APPEAl*

I, judge 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 [or] is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal.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] 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] is deffendant has waived the right of appeal.

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 opportunity to file a pro se petition for discretionary review.

Merck Kretou 161

Defendant's Counsel

MAjfing Address:

Telephone number: Fax number (if any):

State Bar of Texas ID number: 24076098 Mailing Address: 1201 Frenklin, 17th Fost Telephone number: 1713 2274-6728 Fax number (if any): $(718) 437 - 4339$

PAUPER'S OATH ON APPEAL

CAUSE NO.: 1397699 THE STATE OF TEXAS VS. Joseph Smith OFFENSE: Muider

OF HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Joseph Smih. 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)

On The court orders that $\frac{WhiH Kiatsi (PD)}{The}$ is appointed to represent defendant/appellant on appeal. The court reporter is ordered to prepare and file the reporter's record without charge to the defendant/appellant.

It is further ordered that the clerk of this court mail a the order to the court reporter:

AFFIRMATION

I, Mark Kratoull (P.O. Box. atc.) 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 appropriate action as deemed necessary.

*7 APPEAL CARD \S-4-15

The State of Texas Vs SMITH JOSEPH (p-S-15 Date Notice Of Appeal: $0101615$

Presentation: Vol. Pg. Judgment: Vol. Pg. Judge Presiding YN CARTER Court Reporter L MILLS Court Reporter Court Reporter Attorney on Trial K SARDINO Attorney on Appeal M K RATOVIL Appointed Hired Offense MURDER Jury Trial Yes No Punishment 30 YT Assessed 1336900

Companion Cases (If Known) 1336900

Amount of Appeal Bond Appellant Confined: Yes No 321999

Date Submitted To Appeal Section 041915

Deputy Clerk

NOTES

* "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).