Case Information

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July 24, 2015 HONORABLE CATHERINE EVANS ${180}^{\mathrm{T}\mathrm{H}}$ DISTRICT COURT HARRIS COUNTY

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

FILED IN

1st COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 10:48:27 AM CHRISTOPHER A. PRINE Clerk

Defendant's Name: JAY COLBY FITZGERALD Cause No: 1474580 Court: ${180}^{\mathrm{T}\mathrm{H}}$ DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 7-23-15 Sentence Imposed Date: 7-23-15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED

C&;: Devon Anderson District Attorney Appellate Division Harris County, Texas

KATHERINE POWERS (DELIVERED VIA E-MAIL)

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

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On $$ $7-23-15$ the Court conducted a hearing and Finds that defendant / appellant $◻$ is NOT indigent at this time. $◻$ - is 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 a Counsel's motion to withdraw (s Granted)/DENIED. a Defendant / appellant's motion (to be found indigent) is DENIED. a Defendant's / appellant's motion is GRANtED and

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 $\$$

a TO CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only) DATE SIGNED: $$ 7-23-15 $$ EXAS

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is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and not withdrawn or waived, and the defendant has the right of appeal.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

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.

• "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).

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ORDER

On July 23,2015, the court conducted a hearing and found that the defendant is indigent. 30 The court orders that $\frac{\text{Michael}}{}$ he 2 ncuis appointed to represent defendant/appellant on appeal. 30 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: $\frac{1}{1}\frac{13596550}{BAR/SPN}$ NUMBERS $\frac{1}{2}\frac{1}{2}\frac{1}{2}\frac{1057\times }{CTTY}\frac{1}{2}\frac{1}{2}\frac{10}{2}\frac{1}{2}\frac{1}{2}\frac{1}{2}\frac{1}{2}$ $\frac{1}{2}\frac{1359648587}{FAXNUMBER}$ $\frac{1}{2}\frac{1359648587}{FAXNUMBER}$ BANCENHYG JUStae.com EMAL ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ON $\frac{1359648587}{1-24-15}$

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Cause No. 1474580 |1474585
THE STATE OF TEXAS
JAYLOLPH EITZEPALD, AKIN

180TH
District Court / County Criminal Court at Law No.

Harris County, Texas

Oath of Appointed Attorney on APPEal

I. Hichard A Mcguddy 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 perform my duties as appellate counsel, I will notify the Court immediately, so that the Court may take the appropriate action as deemed necessary.

13599050

Attorney-at-Law (Signature) PO. 80x 70978 Address 713 862 - 1475 Phone

BAR Number / SPN Hopgton Te 77270 City / State / Zip 713 864 8587 FAX

SWORN TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas

*7 APPEAL CARD

Court

1/2/45
Cause No. 11/11/80

The State of Texas Vs JAY COURY FITZGERALD

Date Notice
1/23-15

DETEER
Of Appeal:
VOL.
Pg.

Judgment:
Vol.
Pg.

Judge Presiding ATTRENNE EVANS

Court Reporter KATHLEEN POWERS

Court Reporter

Court Reporter

Attorney on Trial TERONE GODINICH

Attorney on Appeal ID DE DETERMINED

Appointed Hired

Offense AGGRNATED ROBBERY

Jury Trial
Yes V.
No.

Punishment Assessed
US (gum TDES-DI)

Companion Cases (If Known)
11/145/85

Amount of Appeal Bond

Appellant Confined:
Yes V.
No.

Date Submitted
VOL 2 4 2015

To Appeal Section

Deputy Clerk
1/4/45