*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 4/21/2015 2:44:31 PM CATHY S. LUSK Clerk *1 ACCEPTED 12-15-00100-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 4/21/2015 2:44:31 PM App ;llate Docket Number: 12.15-00100 CATHY LUSK CLERK App jliate Case Style: Style: JOHNSON, DARRIAN DEWAYNE JR

State of Texas

Com panion Case: 12-15-00099

Ami :nded/corrected statement: [ []

DOCKETING STAIHMENT (Criminal) Appellate Court: 12th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) n. Appellant Attoniey(s) h J Appellant

Firsi Name: Darrian • Lead Attorney die Name: Dewayne First Name: Forrest Johnson Middle Name: K

Suflf ix: Jr Last Name: Phifer

App ellant Incarcerated? ^ Yes • No Suffix:

Am< ^ Appointed Q District/County Attorney )unt of Bond: $0.00

Pro Se: O • Retained • Public Defender

Firm Name: Law Office of Forrest K. Phifer Address 1: P.O.Box 829 Address 2:

City: Rusk State: Texas Zip+4: 75785-0829 Telephone:

Email: phiferiawoffice@suddenlink.net SBN:

Add Another Appellant/ Attome>^ Page 1 ot5 *2 rv. Appellee AttorneyCs)

DDL Appellee ^ Lead Attorney

First Name: State of Texas First Name: Charles He Name: Middle Name: J x: Last Name: Breaux

Suff illee Incarcerated? • Yes • No Suffix: Jr.

App • Appointed ^ District/County Attorney

Am( luntofBond: • Retained Q Public Defender

Pro 5e: O

Firm Name: District Attomey*s Office Address 1: P.O. Box 450 Address 2:

City: REusk State: Texas Zip+4: 75785450 Telephone:

Email: charlesb@cocherokee.org 1 Add Another Appellee/ SBN: Attomey V. Perfection Of Appeal, Judgment And Sentencing Was the trial by: • jury or ^ non-jury?

Natl ire of Case (Subject matter . ^ . . r. C Ofrenses against persons (other) ort> pe Oi case). Date notice of appeal filed in trial court: 01/20/2015

Typ e of Judgment: Bench Trial If mailed to the trial court clerk, also give the date mailed : 1 trial court imposed or suspended sentence in open court or date DBLU trial court entered appealable order: 01/008/2015 Punishment assessed: two (2) years State Jail w/ 150 days credit

Off( nse charged: Abandon.Endanger Child-Criminal Neglect 5 of offense: 07/21/2012 Is the appeal from a pre-trial order? D Yes ^ No

Dat( Does the appeal involve the constitutionality or the validity of a jndant's plea: Guilty

Defi statute, rule or ordinance? lilty, does defendant have the trial court's certificate to appeal? I f gi • Yes I ^ No ^es D NO

V I. Actions Extending Time To Perfect Appeal

Mot ion for New Trial: Yes • No If yes, date filed 04/15/2015

Mot ion in Arrest of Judgment: Q Yes • No If yes, date filed

0th 3r: ^ Y es • No If yes, date filed

Ifot her, please specify: M TA Order issued l/8/12;Order appointir ig atty issued 2/12/15, but filed 3/17/15 & served 3/25/15

V II Indigency Of Party: (Attach flle^tamped copy of motion and affidavit)

Mot ion and affidavit filed: K | Y es Q NO • N A If yes, date filed: 01/20/2015 5 of hearing: K NA

Dat 5 of order: 02/12/2015 • NA

Dat

Rul ng on motion: ^ Oatited • Denied • NA If granted or denied, date of ruling: 02/12/2015

V II I Trial Court And Record

Coul t: Seeond Judicial District Court Clerk's Record:

Cou ity: Cherokee County Trial Court Clerk: ^ District • County

Trial Court Docket Number (Cause no): Was clerk's record requested? ^ Yes • No Court Judge (who tried or disposed of the case): If yes, date requested: 04/15/2015

Tria

If no, date it will be requested: Name: Bascom Were payment arrangements made with clerk? First ile Name: W • Yes • No ^ Indigent

M id

Last Name: Bentley

Suff ix: HL

Add ressl: 135 S. Main

Add ress 2:

City Rusk

Stat J : Texas Zip + 4: 75785

Tele phone: 903-683-2236 ext. 903-683-2238

Ema i l:

Rep( jrter's or Recorder's Record:

Isth jre a reporter's record? ^ Yes • No

Was reporter's record requested? ^ Yes D NO

Was the reporter's record electronically recorded? ^ Yes n No

Ify« IS, date requested: 04/15/2015

Wer e payment arrangements made with the court reporter/court recorder? [H Yes • No ^ Indigent

IS Court Reporter • Court Recorder • Official n Substitute

Firs ; Name: Nncy die Name: Adams

Suf! ix:

Add ressl:

Add ress 2:

City Rusk

Stat B : Texas Zip + 4: 75785

Tele {phone:

Fax

Emi dl:

I X.

List iny pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number 12-15-0009 Court 12th Judicial Court of Appeals

Style: Johnson, Darrian Dewayne Jr

Vs. State of Texas

X* Slllgiidtare

Sign iture of counsel (or Pro Se Party) Date 04/21/2015 State Bar No: 15908570

Printjed Name: Name Forrest K. Phifer

Electronic Signatui e /s/ Forrest K. Phifer

(Optional)

X I. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court*s

ordelr or judgment as follows on

Signature of counsel (or pro se party) Electronic Signature /s/Forrest K. Phifer

(Optional)

State Bar No

Persin Served:

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must

state (1) the date and manner of service;

(2) the name and address of each person served, and

(3) if the pei-son served is a party's attomey, the name of the party represented by that attomey *5 Please enter the following for each person served:

Datd Served: j

Manjtier Served Fax

FirstI Nam e Charles <

Middle Name I

Last Name Braux

Sufijx: |r.;

Law Firm Name District Attotncys Office

Addi -essl

Addi-ess2. P.O. Box 450

City Kusk

Stati Texas Zip+4.75785

Telephone 9(8

Email:

P^eSof 5