Roosevelt Hart v. State

Case Information

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

May 18, 2015 TONYA ROLLAND MCLAUGHLIN ATTORNEY OF RECORD 4301 YOAKUM BLVD. HOUSTON TEXAS 77006

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS

5/29/2015 3:12:16 PM CHRISTOPHER A. PRINE Clerk

Defendant's Name: ROOSEVELT HART Cause No: 1425126 Court: ${185}^{\mathrm{T}\mathrm{H}}$ Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 05/07/2015 Sentence Imposed Date: 05/07/2015 Court of Appeals Assignment: Fourteenth Court of Appeals Appeal Attorney of Record: TONYA ROLLAND MCLAUGHLIN Pauper's Oath 05/07/2015

Sincerely, - N. Salinas

Criminal Post Trial Deputy CC: Devon Anderson District Attorney Appellate Division Harris County, Texas CARRIE LOGAN (DELIVERED VIA E-MAIL)

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

185 District Court / County Criminal Court at Law No.

Harris County, Texas

Notice of appeal

TO THE HONORABLE JUDGE OF SAID COURT:

On $$ $5-7-15$ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

The undersigned attorney (check appropriate box): $\mathcal{C}$ MOVES to withdraw. a ADVISES the court that he will CONTINUE to represent the defendant on appeal.

Date

Roosever HART

Defendant (Printed name) F I E D Chris Daniel District Clerk MAY 072015 Time: Harris County, Texas By $$ Attorney (Signature) T. B. Too Dufour $=$ Attorney (Printed name) 24004189

State Bar Number

2500 EAST T C Testa 8/10 Address (7) $682-1800$

Telephone Number

The defendant (cleck all that apply): $\mathcal{A}$ REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. $\mathcal{A}$ 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.

$\frac{\text{Hirsut}}{}$

Defendant (Signature)

Roosever HART

Defendant's Printed name MAY 072015

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas $$

ORDER

On $$ MAY 81202 the Court conducted a hearing and FinDS that defendant / appellant $◻$ is NOT indigent at this time. $◻$ s indigent for the purpose of $◻$ employing counsel $◻$ paying 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 $◻$ Counsel's motion to withdraw is Granted / Denied.

• Defendant / appellant's motion (to be found indigent) is Denied. 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: a SET at $\$$

• To CONTINUE as presently set.
• DenIED and is SET at No BOND. (Felony Only)

DATE SIGNED: $\frac{\text{MAY}3\text{i}2:23}{5-7-15}$

Cause No. 1425126

In the 185 District Court

County Criminal Court at Law No. ___

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] 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.

Judge MAY 072015 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.

Defendant Mailing Address: $$ MAY 072015

Fax number (if any): $\frac{\text{Time:}}{\text{Byn}}$ Harris County, Texas

$\begin{array}{cccc}\hfill & amp;1\text{By}\hfill & amp;1\text{Deputy}\hfill & amp;\hfill \end{array}$

1. B. 1000 putent $=$
Defendant's Counsel

State Bar of Texas ID number: 24404187 Mailing Address: 2500 EAFT T.C. 36168, Telephone number: (7) 682 - 1800

Fax number (if any): (7) 682 - 1875

• "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).

PAUPER'S OATH ON APPEAL

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES $$ $$ 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)

SUBSCRIBED AND SWORN to before me, this $$ day of $$ A.D., $20\mid 5$

On $$ the court conducted a hearing and found that the defendant is indigent. X The court orders that $$ 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 copy of the order to the court reporter: (1) wee LOHAN), by certified mail return receipt requested.

AFFIRMATION

I. $$ 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.

APPEAL CARD

Court Pug. Pur. Cause No. 1425126

The State of Texas

Roosevelt HART Date Notice Of Appeal:

5,715 MAY 872015

Presentation: Vol. Pg.

Judgment: Vol. Pg.

Judge Presiding Cousin' BROUGH Court Reporter (AFRIS LOSSIN) Court Reporter Court Reporter

Attorney on Trial Thomas (TobD) DUPENT

Attorney on Appeal TENYA ZOHLAND HIST Appointed Hired

Offense Foss of PIRALSUNM 402-5146

Jury Trial: Yes No

Punishment Assessed 28 yrs TOC 14 POK TIME

Companion Cases (If Known) 14,25137/1436430 142981/1439692

Amount of Appeal Bond —

Appellant Confined: Yes No

Date Submitted To Appeal Section — 12-16

Deputy Clerk Caspina 1429

Case Details

Case Name: Roosevelt Hart v. State

Court Name: Court of Appeals of Texas

Date Published: May 29, 2015

Docket Number: 14-15-00468-CR

Court Abbreviation: Tex. App.