Obed Joseph Rodriguez v. State, 01-15-00021-CR

Obed Joseph Rodriguez v. State

01-15-00021-CR

| Tex. App. | Mar 23, 2015

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Case Information

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

OBEED SOEEDM PESPILALLE?

APPEIIANT

VS.

THE STATE OF TEXAS

APPEIIEE

OpiGINAL CONVICTION IN THE 20821 JUDICIAL DISTRICT COURT HARRIS COUNTY, TEXAS CAUSE NO: 1399946 1407828

APPEALED FROM TRE COURT OF APPEALS NO: 01-15-00021-CA 01-15-00022-CA

APPEIIANTS PETITION FOR DISCRETIONARY REVIEN

OBEED IT. PODRIGIIE? TDC. TY 1948981 JV. All RED UNIT 2101 FM 369 N. IDWARPAK, TX 76367 APPEIIANT.PRO.SE

TABLE OF CONTENTS

INDEX OF AUTHORITIES. ..... ii Petition FdA DisCPEtionary PEsien. ..... 1 STATEMENT OF THE NATUAE OF THE CASE ..... 1 STATEMENT OF PROCEDUPAI HISTORY ..... 1 STATEMENT PEEAAPOING ORAL APELIMENT ..... 1 GROUNDS FOR PENIELN ..... 2 DID THE COURT OF APPEALS ERPOP IN AFFIRMING THE TRIALCOURT, WHERE THE RECORD PEFIECTS APPELANT FIEd A TIMEIY MOTION-FOR-NEW-TRIALON OCCOPEER. 7 2014 TITLED "MOTION-FOR-BENCH WARRANT?" DID THE COURT OF APPEALS ERROF IN AFFIRMING THE TRIAL COURT, WHERE THE RECORD PEFIECTS IN THE COURT'S DOCUET SHEET THAT "MOTION-TO-WITHORAN PIER WAS AEG EIEID ON OCTOPEER. 7.2014? PRAYER FOR PERIET. ..... 5 CEPITIFICATE OF SERVICE ..... 5

INDEX OF AUTHORITIES

CASELAM AUTHORITY

DUSSENGERFY V. STATE, 915 S.W. 2d 947,949 TEX.APR-HOUSTONL'ST DIST. 1996. WAIT. PERD) ..... 3 STATE V. EVANS. 843 S.W. 2d 576,578(TCA 1992) ..... 3 MOIET V. McDonnell. 418 U.S. 539,558 (1974) ..... 3 STATE STATITES TEX. P. APP. P. ANN. 66.3(a),(b) (F) (VERNON PAMPH. 2012) ..... 2 TEX. P. APP. P. ANN. 69.1 (VEPNON PAMPH. 2012) ..... 4

PETITION FOR DISCEPTIONARY REVIEN TO THE HONDRENCE COURT OF CRIMINAL APPEALS OF TEXAS DEED SOSETH PRODRIELLEZ, THE APPEIIANT, FIELS HIS PETITION FOR DISCRETIONARY REVIELU PUBSLANT TO PLUE 6B OF THE TEXAS PULES OF APPEIIATE PROCEDURE REGUE- STING, THE COURT TO REVIEN AND TREEXETER, PENEPSSE THE OPINION ISSUED BY THE FIRST COURT OF APPEALS IN CAUSE NO 01-15-00021-CA AND 01-15-00022-CA, RODRIGUEZ V. STATE AND WOULD SHOW AS FOLIOWS:

STATEMENT OF THE NATURE OF THE CASE This APPEAL LLES FROM APPEIIANTS CONVICYION IN THE STATE OF TEXAS V. ORED SOSETH PRODRIELLEZ. CAUSE NO. 1544446 AND 1401828 IN THE 208th JUOICIAL DISTRICT COURT, HAPERS COUNTY, TEXAS. THE RECORD REFLECTS THE DEPENDANT PuerdeO GUIITY IN EACH OF THE REOVE TRIAL COURT CAUSE NUMERERS TO CARTAL NUMERER, ON SEPTEMEER 10 2014, THE TRIAL COURT ASSESSED APPEIIANTS PUNISHMENT AS A CONCURRENTE SENTENCE OF OF LIFE IN PREON WITHOUT PROLE, IN ACCORDANCE WITH THE TERMS OF HIS PIEA PAPERAN WITH THE STATE. THE TRIAL COURT CEPITIFIED THAT THESE AGE BOTH PIEA-PAPERAN CASES AND THAT APPEIIANTHAS NO RIGHT OF APPEAL. APPEIIANT FIIED A "MOTION FOR BENCH WARMANT" ON OCTOBER 7.2014. A "NOTICE OF APPEAL WAS FIIED ON, DECEMEER 22.2014. NO HERPANDS WERE HELD ON APPEIIANTS MOTIONS.

STATEMENT OF PROCEDIRAL HISTORY THE FIRST COURT OF APPEALS ATTÍANED APPEIIANTS CONVICYION ON FEBRUARY 14, 2015.

STATEMENT REGARDING ORAL ARGUMENTS APPEIIANT DOES NOT REGUEST ORAL ARGUMENT.

G:POUNDS FOR PEVIRU

DID THE COURT OF APPEALS ERPOP IN AFFIRMINS THE TRIAL COURT. WHERE THE PECDRd REFLECTS APPEIIANT FIED A TIMEIY NOTION-FOR-NEW TRIAL ON OCTOPEP 7.2014 TITIED "NOTION-FOR-PENCHWARRANT'?

DID THE COURT OF APPEALS ERPOP IN AFFIRMINS THE TRIAL COURT. WHERE THE PECDRd REFLECTS IN THE COURTS DOCHETSHEET THAT "NOTION-TO WITHDRAW PER" WAS AED FIED ON OCTOPEP 7. 2014?

REASONS FOR CIRAMTING TRE PEtition

THIS COURT SHOULD CRANT THIS PETITION ON THE GROUNDS THAT: 1) THE COURT OF APPEALS DECLAPED UNCONSTITUTIONAL OP, APPEAPS TO HAVE MYSCONSTAWED, ASTATURE, RULE, REECLIATION OR ORDINANCE; 2) THE COURT OF APPEALS DECISION DEPARTED SO FAR FROM THE ACEETED AND USUAL COURSE OF JUDICIAL PROCEEDINGS, OR SANCTIONED SUCH A DEPARTILAE BY A LOWER COURT, AS TO CAII FOP: THE EXERCISE OF THE COURT OF CRIMINAL APPEALS TOWEER OF SUPENVISION. TEX. P. APP. P. ANN. 66.3 (a), (c) $ϕ (f)$ (VERNON PAMPH. 2012).

GROUNDS FDP REVIEN

APPEIIANTS FIRST GROUND FDP REVIEN)

DID THE COURT OF APPEALS ERPOP IN AFFIRMINS THE TRIAL COURT: WHERE THE PECDRd REFLECTS APPEIIANT FIED A TIMEIY NOTION-FOR-NEW TRIAL ON OCTOPEP 7.2014 HEADED"NOTION-FOR-BENCHWARRANT?

APPEIIANTS SECOND GROUND FOP REVIEN

DID THE COURT OF APPEALS ERPOP IN AFFIRMINS THE TRIAL COURT. WHERE THE PECDRd REFLECTS IN THE HARRIS COUNTY COURTS DOCKET SHEET THAT"NOTION-TO-WITHDRAW PER" WAS AEDF FIED ON OCTOPEP 7.2014?

*6 I. JURISDICTION WAS VESTED TO THE FIRST COURT OF APPEALS WHEN NOTICE OF APPEAL WAS TIMELY FILED THROUGH MOTION-FOR-BENCH WARPANIT.

FIRST APPELANT CONTENDS THE FIRST COURT OF APPEALS EFFOPEED IN ITS CONCLUSION THAT IT CANNOT EXEPCISER JURISDICTION OVER APPERLANTS APPEAL UNIFESS A NOTICE OF APPEAL IS FILED IN COMPRANCE WITH RULE 26 OF THE TEXAS RULES OF APPERLATE PROCEDURE. (OPINION AT 2).

THE RECORD REFLECTS THAT APPERLANT FILED HIS "MOTION FOR BENCH WARPANT" ON OCTOPEER 7, 2014. THROUGH WHICH WHICH APPERLANT PRESUESTED A HEAPPING IN OPESEP TO "WITHIRAN [HIS] PIEA OR ARREST THE SUDEEMEANT PROSE TO THE COURT AS ACCORDING TO APT. 44.02. T.C.C. P.

SEE: APPERLANTS-MOTIONS ATTACHED). APPERLANT CONCEDES THAT A MOTION-TO-WITHIRAN PIEA' IS FUNCTIONALLY INDISTINELISHABLE FPOWN A "MOTION-FOR-WEIN TRIAL." DILSENPEERY VISTATE 415 S.W. 2d 947,949 (TEX.APP.

HOUSENEN [IN DIST.] 1996. WHIT. P.EFD) (CITING STATE V. EVANS 843 S.W. 2d 576,578 (TEX.CRIM.APP. 1992).

AUTHOUGH THE RECORD DOES NOT SHOW WITHER THE TRIAL COURT CONSTRALED APPERLANTS MOTION-FOR-BENCH WARPANT AS A MOTION FOR NEW TRIAL OR THE TRIAL COURT RULING ON THAT MOTION THE YECCORD DOES REF IELT THAT APPERLANT FILED A TIMELY MOTIONS PRESUESTING A HEAPPING TO "WITHIRAN [HIS]PIEAN." ON OCTOPEER 7, 2014.

THE TRIAL COURT, IN THE INTERESTS OF JUSTICE SHOULD HAVE CONSTRALED APPERLANT PRO SE MOTION AS A MOTION-FOR-WEIN TRIAL AND AFTERDED APPERLANT THE 90-DAY PERIOD IN OPESE, TO FILE A NOTICE-OF-APPEAL (SEE: TEX.P. APP. P. 4.1 (a), 9.2 (b)(1)(A), 25.2 (b),(c) (1), 26.2 (d)(2)). HAD THE TRIAL COURT RULED ON APPERLANTS PRESUEST TO WITHIRAN PIEA: APPERLANTS DECEMBER 22, 2014 NOTICE-OF-APPEAL WOULD NOT HAVE BEEN PROCEDURALLY DEFAULTEED. THIS COURT IS PRESENTED WITH A CPSE WHERE IT IS EUDENT THAT APPERLANT HAS ATTEMPTED TO DIIGENTLY PLESSUE HIS CONSTITUTIONAL APPERL RIGHTS AS OUURANTEED BY THE UNITED STATES CONSTITUTION AND THE TRIAL COURT HAS VIOIATED APPERLANTS FOLUPTEENTH APPELONMENT RIGHT TO DUE PROCESS WHICH APPLIES TO STATE AND LOCAL INMATES. WOIEE V. McDONHEH 418 U.S. 539,558 (1974).

"THE TOUCHISTONE OF DUE PROCESS IS PROTECTION OF THE INOIVIDUAL AGAINST AFFRITMARY ACTION OF EOVEENIMENT."

*7 This COURT SHOULD GRANT APPRIANTS PETITION FOR DISCRETIONARY REVIEN ON THESE GROUNDS AND ORDER, THE TRIAL COURT TO ADDRESS APPRIANTS MOTION FOR NEW TRIAL AND TO GRANT APPRIANTS NOTICE OF APPEAL. TEX. R. APP. P. 69. (VERNEN PAMPH 2012)

II. THE TRIAL COURT EREEND IN its RULING THAT APPRIANT FRIED TO TIMELY FIIE A MOTION-FOR-NEW-TRIAL WHICH PRESUDICALLY AFFECTED APPRIANTS PIGHT TO NOTICE OF APPEAL.

THE COURT OF APPEALS INCORECTLY CONCLUDED THAT APPRIANTS ONLY TIMELY POST-JUDEEEMENT MOTION WAS ENTITIED, MOTION-FOR GENCH WARRANT, FIIED ON OCTOBER 7.2014, AND, THIS, BECAUSE APPRIANT DID NOT FIIE A MOTION FOR A NEW TRIAL... (DRINONAT3)

THE RECORD REFLECT'S THAT CONTEARLY TO THE TRIAL COURTS RECORD AND THE ORIGIN OF THE COURT OF APPERAS APPRIANT DID FIIE A TIMELY MOTION PRO-SE TO WITHDRAW PER. (SEEI HARAS COUNTS CArMINAL DICKET SHEET ENTRY DATED ON 10-8-14 ATTACHED AND SEIF WARTTEN MOTION'S DATE-STARP-FIIED OCTOBER 7.2014 ALSO ATTACHED)

This COURT SHOULD GRANT APPRIANTS PETITION FOR DISCRETIONARY REVIEN ON THESE GROUNDS AND ORDER, THIS CRASE PERMANDED EXCH TO THE POINT OF APPRIANTS TIME TO FIIE A NOTICE OF APPEAL. TEX. R. APP. P. 69. (VERNEN PAMPH. 2012).

PAayer for Relief

WHEREFORE PREMISES CONSIDERED, APPRIANT PRRISFIIS HONORANGE COURT TO CONSIDER, THE GROUNDS FOR PENIELY PRASED HEAE IN, TO EIRANT THIS PETITION FOR DISCRETIONAAY PENIELY AND TO ORDER, A FUII AND COMPLETE HEARING ON THE NEGITS WITH BRITS.

RESPECTFULY SUBAIITTED,

QBED I RODRICHEZ TOC I#/9189E/ All RED UNIT 2101 FM 369 N. IOWA.PARИ.TX. 76367 APPEIIANT PRO-SE.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT ON THIS IX DAY OF 2015, 2015, A TRUE AND CORRECT COPY OF THE FORE ECING BRIEF WAS FANTAA FORWARDED VIA U.S. MAIL TO THE STATE PROSECUTIONS ATTERNEY AT: PO. BOX.12308, AUSTIN, TEXAS 78711, HON. LISA C.MEMINN. AND ONE IECIP,IE COPY HAS BEEN FORWARDED VIA U.S. MAII TO THE: CIRRU OF THE FIRST COURT OF APPENS. 301 FANNIN STREET HOLSTON, TEXAS 77002-2066

*9 FILER CHRIS DANIEL DISTRICT CLERN HARRIS COUNTY, TEXA

2014 OCT - 7 PM 12: 07

CALSE RONIS99946 BY CRIMINAL CUSTUMER SERVICE

THE STATE OF TEXAS VS ORED ROORIEUEZ

IN THE EOSEPTUOICIAL DISTRICT CURRT OF HARRIS COUNTY, TEXAS

MOTION TO WITHORAL QLEA TO THE HONORANGE TUDGE OF SAID COURT:

COMES NOUS ORED ROORIEUEZ (PETITIONER) IN THE ABOVE STYLED AND NUMBERED CAGE, PRO-SE PURSUANT ART WHOZ OF THE TEX CODE OF CRIMINAL PROCEDURE PETITIONER, WILL SHOUL CAGE.

JE, AUTHORITY A DEFENDANT ORED ROORIEUEZ IN ANY CRIMINAL ACTION HAS THE RIGHT OF APPERAL UNIDER THE RULES HEREINAFTER PERSONSIBED PROVIDED, HOLJEVER BEFORE THE DEFENDANT WHO HAS BEEN CONVicted upon either his part OF EULTY OR part OF NOUS CONTENDERE BEFORE THE QUATT.

JE CURDOS DELICTI THE STATE OF TEXAS AND, ACOMBLISH TEXAS DEN CODE § 7.02 (a)(2) TACKSON AND CTHERS, COUNSEL INFECTIVE ASSENTANCE FALL TO SUPPRESS EVIDENCE, FUTHER SCHH

*10 UNIREFORDNESS By the state AND Appoincted CONNAEL. THE TENE FENCTION OF ADMINISTRATION OF STATICE EXCCEDURE UNDER THE $4^{TH}$ APPENDMENTS OF the United States for trial. Highly unconstitution AND the Defendant is NOT ReRdy for trial AND CURT Appoin'ted CONNAEL. PUT DEFTENDANT UNDER INTEST AND COERION. THE STATE HAS EXCERSIZE DUEDALGENC KNAWINE/OR AFTONDANCE OF SUPPRESSINE. ACOMPulsH STATEMENTS / Gign CONFESSIONS ABNINST. THE CAUSE PAGE.

DRAUER

WHEREFORE, PREMISES CONSIDERED, THE DEFTENDANT RESPECTTULY PRAYS THAT THIS HONORABLE CURT DRAINTS This the Defendant's Motion of Withdrawn. DIEA.

RESPETTUALLY SUMINTED DEST TIONER, PRO. SE PRINTED NAME: OBEID RODRIGUEZ TOCSE 1918981 TOCT UNIT. BYRO 21 EM 249 HUNTSVILLE, TEXAS 19320

*11

ORDER

ON THIS THE $1^{st}$ DAY OF 102014 , CAME TD BE MEAFD DEFENDANTS MOTION FDR WITHDRAW DIER AND DUE CONSIDERATION FOR SAME HAVINE BEEN GIVEN By this COURT, the DEFENDANTS MOTION

15 HEREBY:

GRANTED

DENIED AND it is

JUDGE PRESIDING

*12

CERTIFICATE OF SERVICE

I. DEED ROBRIEWET, DO HEREEY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ABOVE AND FOREGOING DEFENDANTS MOTION FOR WITHDRAW DIER AND ORDER HAVE BEEN FORWARDED EY UNITED STATES MAIL, POSTAGE PREPAID, FIRST CLASS TO THE 208TH DISTRICT COURT PROSECUTINGY ATTORNEY FOR HARRIS COUNTY. TEXAS 208TH COURTHOUSE, HARRIS TEXAS 77002 ON THIS THE 1ST DAY OF 10 2014

EHRIY

DEFENDANT, PRO SE PRINTED NAME: DEED ROBRIEUEZ TOCS: 1949981 TOCS UNIT EYRD 21-FM 243 HUNTSVILLE, TEXAS 77320

*13

THE STATE OF TEXAS VS. CRED ROORIEMEZ

IN THE COS: JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS.

MOTION FOR BENCH WARRANT

TO THE HONDRAEIE STUBE OF SAID COURT.

COMES NOW OBEED ROORIEMEZ (DEPENDANT) IN THE ABOVE-STYLED AND NUMBERED CASE AND STATES: "My NAME IS OBEED ROORIEMEZ (PETITIONER). MY OFFENDER NUMBER IS 1948981. I AM COMPETENT TO MAKE THIS AFFIDAVID. I AM PRESENTLY INCARCERATED IN THE BYRD UNIT LCCATED AT 2164247 IN HUNTSVIME (City) TEXAS (STATE). I REGUEST THE COURT TO ISSUE A WARRANT FROM BENCH ORDORING THE SHERIFF OF WALKER (NAME OF COUNTY INWICH. YOU ARE INCARCERATED) COUNTY, TO TRANSPORT ME TO THIS COURT FOR HEARING IN THIS MATTER SO THAT I may WITH DRAW my DLEA OR REST THE TUDOMENT PRO-SE TO THE COURT UNDER OF AUTHORITY OF ART. 44.02 TEX.CODE CRINT.PROD.

*14

PETITIONER RESPECTFULY PRAYS THAT THIS COURT GRANT THIS NOTION AND ORDER, THE SHERETE OF WALKER COURTY TO TRANSPERT PETITIONER TO THE HEARING OF THIS CAUSE.

RespectFUUY SUAmitted.

a.

PETITIONER, DRO SE PRINTED NAME: OSBD ROONIEUEZ TOOCT# 1949981 TOXS UNIT EWARD UNIT 21 FIM 249 ADDRESS HUNTEWILLE, TEXAS 77920

*15

CAUSE NO 139994 C MOTB2B

TRESTATE OF TEXAS $1 / 3$ OREO ROSEKENEZ

IN THE 208th JUDICAL DISTRICT COURT OF HARRIS COUNTY, TEXAS

ORDER

TO THE MONCRABLE JUDGE OF SAID COURT:

ON THIS THE $\frac{15 T}{DAY}$ OF 10 2014 CAME ON TO BE HEAKD THE DEFENDANT'S REGUEST FOR BENCH WARRANT AND AFTER DUE CONSIDERATION OF THE SAMEITIS.

ORDERED THAT THE DEFENDANT'S REGUEST FOR A HARRISINE is (GRANTED/ DENIED); AND THE CERCK OF THE COURT IS TO NOTIFY SAID DEFENDANT REBARDINE THE BENCH WARRANT OF THE DEFENDANT TO THIS COUNTY FOR SAID TRIAL.

JUDGE presidine

*16

CERTIFICATE OF SERVICE

I. OBEO ROOKIEVE, DO MERE BY CERTIFY THAT A true and correct copy of the REEve AND REReEcive DEPENDANTS MOTION FOR BENCH WARRANT AND ORDER HAVE BEEN FERWARDED BY UNITED STATES MAIL, ESTRICE PREPAID, FIRST CLASS, TO THE 208" DISTRICT COURT PROSECUTIVE ATTORNEY FOR HARRIS COUNITY TEXAS, 208TH COURTHOUSE, HARRIS, TEXAS 77002 ON THIS THE 15th DAY OF 10 2014.

RQg

DEPENDANT, PRO SE PRINTED NAME: OBEO ROOKIEVE TDCJE ISHIPED TOCT UNT: ByRD

FM 219

HUNTSGILE, TEXAS 73320

*17

Harris County Criminal District Docket Sheet

Bond: $0 Next Setting: Case Disposition: Disposed Case Status: Appeal Defendant Status: JAIL

Docket Sheet Entries

| Date | Comment | | :--: | :--: | | $11 / 8 / 2013$ | Felony Complaint Filed OFFENSE: CAPITAL MURDER Bond Amount: $$ 0$ | | $11 / 8 / 2013$ | PRELIMINARY ASSIGNED COURT APPEARANCE SETTING: 11/11/2013 9:00 AM | | $11 / 10 / 2013$ | PROBABLE CAUSE FOUND | | $11 / 11 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared without counsel | | $11 / 11 / 2013$ | Reset By Agreement Of Both Parties, 11/13/2013 09:00 AM Arraignment | | $11 / 13 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared without counsel | | $11 / 13 / 2013$ | The defendant filed a sworn pauper's oath, and JUDGE COLLINS, DENISE J ordered SCARDINO, JOSEPH PHILIP | | $11 / 13 / 2013$ | Reset By Agreement Of Both Parties, 12/17/2013 09:00 AM Arraignment | | $12 / 17 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | $12 / 17 / 2013$ | Reset By Agreement Of Both Parties, 1/28/2014 09:00 AM Arraignment | | $1 / 8 / 2014$ | GRAND JURY ACTION: Felony indictment GJ COURT: 351 OFFENSE: CAPITAL MURDER BOND AMOUNT: $0 | | $1 / 8 / 2014$ | Precept issued to serve copy of indictment | | $1 / 28 / 2014$ | Reset By Court, 2/28/2014 09:00 AM Disposition | | $2 / 28 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | $2 / 28 / 2014$ | Reset By Agreement Of Both Parties, 4/03/2014 09:00 AM Disposition | | $4 / 3 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | $4 / 3 / 2014$ | Reset By Agreement Of Both Parties, 5/15/2014 09:00 AM Disposition | | $5 / 15 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | $5 / 15 / 2014$ | Reset By Agreement Of Both Parties, 7/02/2014 09:00 AM Disposition | | $6 / 3 / 2014$ | MOTION FILED: ST DNA RETEST NOTIFI | | $7 / 2 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | $7 / 2 / 2014$ | Reset By Agreement Of Both Parties, 8/14/2014 09:00 AM Disposition | | $8 / 14 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. |

*18 | 8/14/2014 | Reset By Agreement Of Both Parties, 9/11/2014 09:00 AM Disposition | | :--: | :--: | | 9/11/2014 | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | 9/11/2014 | Reset By Agreement Of Both Parties 9/12/2014 09:00 AM Disposition | | 9/12/2014 | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel SCARDINO, JOSEPH PHILIP. | | 9/12/2014 | MOTION FILED: NTC INTNT DSTRY EVID | | 9/12/2014 | Delivery Order Issued
Location: Texas Department of Criminal Justice | | 9/12/2014 | Defendant RODRIGUEZ, OBED JOSEPH appeared in person with Counsel SCARDINO, PHILLIP, GRABER, JERALD &; MORROW, ROBERT A. III. LANCE LONG appeared for the State. Court Reporter: CHERYL PIERCE Judge Presiding: COLLINS, DENISE Defendant waived arraignment and entered a plea of GUILTY. Defendant, appearing to the Court to be sane, is admonished by the Court of the consequences of said plea. Penalty recommendation of the State is: LIFE WITHOUT PAROLE. The Court found the defendant guilty and assessed punishment at LIFE WITHOUT PAROLE. Defendant sentenced to LIFE WITHOUT PAROLE in the INSTITUTIONAL DIVISION TDCJ. | | 10/8/2014 | MOTION FILED: PROSE BENCH WAR! | | 10/8/2014 | MOTION FILED: PROSE WIDRAW PLEA | | 12/1/2014 | ORDER: ATTORNEY FEE VOUCHER
FEE AMOUNT: $$ 11, 400$ | | 12/29/2014 | MOTION FILED: PROSE:EXT OF TIME | | 12/29/2014 | MOTION FILED: PROSE:COMPEL | | 12/29/2014 | Notice of Appeal Filed | | 12/30/2014 | Delivery Order Issued
Location: Texas Department of Criminal Justice awaiting mandate | | 1/6/2015 | Assigned to 1st Court of Appeals |

Bond: $$ 0$ Next Setting: Case Disposition: Disposed Case Status: Appeal Defendant Status: JAIL

| Docket Sheet Entries | | | :--: | :--: | | Date | Comment | | $3 / 3 / 1933$ | Transfer, 12/17/2013 09:00 AM Disposition | | $9 / 1 / 2013$ | Felony Complaint Filed OFFENSE: CAPITAL MURDER Bond Amount: $$ 0$ | | $9 / 1 / 2013$ | PROBABLE CAUSE FOUND | | $9 / 1 / 2013$ | WARRANT ISSUED BOND AMOUNT: $$ 0$ | | $9 / 1 / 2013$ | PRELIMINARY ASSIGNED COURT APPEARANCE SETTING: 9/4/2013 9:00 AM | | $9 / 4 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH did not appear. | | $9 / 4 / 2013$ | NO ARREST | | $9 / 4 / 2013$ | Continued 9/09/2013 09:00 AM Preliminary Assigned Court Appearance | | $9 / 5 / 2013$ | STATUTORY WARNINGS GIVEN TO DEFENDANT | | $9 / 5 / 2013$ | MOTION FILED: REQ APPT COUNSEL | | $9 / 9 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared without counsel | | $9 / 9 / 2013$ | The defendant filed a sworn pauper's oath, and JUDGE BOND, STACEY WEBB ordered GRABER, JERALD KAPLAN appointed as Appointed Defense Attorney | | $9 / 9 / 2013$ | Reset By Operation Of Law, 10/23/2013 09:00 AM Arraignment | | $10 / 10 / 2013$ | MOTION FILED: FUNDS MITIG EXPERT | | $10 / 10 / 2013$ | MOTION FILED: FUNDS INVEST | | $10 / 10 / 2013$ | ORDER: FUNDS MITIG EXPERT GRANTED | | $10 / 10 / 2013$ | ORDER: FUNDS INVEST GRANTED | | $10 / 15 / 2013$ | The defendant filed a sworn pauper's oath, and JUDGE BOND, STACEY WEBB ordered MORROW, ROBERT A, III appointed as Appointed Defense Attorney | | $10 / 23 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A, III. | | $10 / 23 / 2013$ | Continued 3/03/1933 09:00 AM NA | | $11 / 26 / 2013$ | GRAND JURY ACTION: Felony Indictment GJ COURT: 232 OFFENSE: CAPITAL MURDER C Level Felony BOND AMOUNT: $$ 0$ | | $11 / 26 / 2013$ | Precept issued to serve copy of indictment | | $11 / 27 / 2013$ | Case transferred to the 176th District Court. Reason: Capital Murder |

*20 Harris County Criminal District Docket Sheet

| $11 / 27 / 2013$ | Case transferred to the 208th District Court. Reason: Capital Murder | | :--: | :--: | | $12 / 3 / 2013$ | ORDER: DEF ACCESS TO INTRVW RM GRT | | $12 / 17 / 2013$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $12 / 17 / 2013$ | Reset By Agreement Of Both Parties, 1/28/2014 09:00 AM Disposition | | $1 / 28 / 2014$ | Reset By Court, 2/28/2014 09:00 AM Disposition | | $2 / 5 / 2014$ | MOTION FILED: SEALED MO INTRPTR | | $2 / 5 / 2014$ | ORDER: GRTD SEALED INTERPRETER | | $2 / 28 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $2 / 28 / 2014$ | Reset By Agreement Of Both Parties, 4/03/2014 09:00 AM Disposition | | $4 / 3 / 2014$ | Reset By Agreement Of Both Parties, 5/15/2014 09:00 AM Disposition | | $5 / 15 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $5 / 15 / 2014$ | MOTION FILED: UNSEAL RECORDS | | $5 / 15 / 2014$ | ORDER: GRTD UNSEAL RECORDS | | $5 / 15 / 2014$ | Reset By Agreement Of Both Parties, 7/02/2014 09:00 AM Disposition | | $6 / 3 / 2014$ | MOTION FILED: ST DNA RETEST NOTIFI | | $6 / 3 / 2014$ | MOTION FILED: ST DNA RETEST NOTIFI | | $6 / 13 / 2014$ | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 3, 499$ | | $7 / 2 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $7 / 2 / 2014$ | Reset By Agreement Of Both Parties, 8/14/2014 09:00 AM Disposition | | $7 / 9 / 2014$ | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 1, 497$ | | $8 / 14 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $8 / 14 / 2014$ | Reset By Agreement Of Both Parties, 9/11/2014 09:00 AM Disposition | | $8 / 25 / 2014$ | MOTION FILED: PRO-SE DEF DISM ATTY | | $9 / 11 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $9 / 11 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared in person with Counsel SCARDINO, PHILLIP, GRABER, JERALD &; MORROW, ROBERT A. III. LANCE LONG appeared for the State. Court Reporter: CHERYL PIERCE Judge Presiding: COLLINS, DENISE | | | AT 11:06AM MATTERS WERE HEARD ON THE RECORD TO DISCUSS THE OFFER OF THE STATE EXPIRING AS OF $9 / 11 / 2014$ .
THE DEFENDANT WAS ADMONISHED BY THE COURT THAT THE STATES OFFER WILL BE OFF THE TABLE AT THE END OF THE BUSINESS DAY TODAY. | | $9 / 11 / 2014$ | Reset By Agreement Of Both Parties 9/12/2014 09:00 AM Disposition | | $9 / 12 / 2014$ | Defendant RODRIGUEZ, OBED JOSEPH appeared with counsel MORROW, ROBERT A. III. | | $9 / 12 / 2014$ | MOTION FILED: NTC INTNT DSTRY EVID | | $9 / 12 / 2014$ | Delivery Order Issued Location: Texas Department of Criminal Justice |

*21 | 9/12/2014 | Defendant RODRIGUEZ, OBED JOSEPH appeared in person with Counsel SCARDINO, PHILLIP, GRABER, JERALD &; MORROW, ROBERT A. III. LANCE LONG appeared for the State. Court Reporter: CHERYL PIERCE Judge Presiding: COLLINS, DENISE | | :--: | :--: | | | Defendant waived arraignment and entered a plea of GUILTY.
Defendant, appearing to the Court to be sane, is admonished by the Court of the consequences of said plea. Penalty recommendation of the State is: LIFE WITHOUT PAROLE.
The Court found the defendant guilty and assessed punishment at LIFE WITHOUT PAROLE.
Defendant sentenced to LIFE WITHOUT PAROLE in the INSTITUTIONAL DIVISION TDCJ. | | 10/6/2014 | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 26, 650$ | | 10/6/2014 | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 1, 061$ | | 10/8/2014 | MOTION FILED: PROSE BENCH WARRI | | 10/8/2014 | MOTION FILED: PROSE WID PLEA | | 10/10/2014 | MOTION FILED: PAY OVER MAX | | 10/10/2014 | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 13, 400$ | | 10/10/2014 | ORDER: GRTD PAY OVER MAX | | 10/13/2014 | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 1, 491$ | | 10/13/2014 | ORDER: ATTORNEY FEE VOUCHER FEE AMOUNT: $$ 711$ | | 10/31/2014 | MOTION FILED: ADD FUNDS | | 10/31/2014 | ORDER: ADD FUNDS GRANTED | | 12/29/2014 | MOTION FILED: PROSE:COMPEL | | 12/29/2014 | Notice of Appeal Filed | | 12/30/2014 | MOTION FILED: PROSE:EXT OF TIME | | 12/30/2014 | Delivery Order Issued
Location: Texas Department of Criminal Justice awaiting mandate | | $1 / 6 / 2015$ | Assigned to 1st Court of Appeals |

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