Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 10:50:01 AM CHRISTOPHER A. PRINE Clerk
*1 CHRIS DANIEL 9 HARRIS COUNTY DISTRICT CLERK July 24, 2015 HONORABLE CATHERINE EVANS 180TH DISTRICT COURT HARRIS COUNTY Defendant’s Name: JAY COLBY FITZGERALD Cause No: 1474585 Court: 1 80th 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
incerely. L Arriagÿ _ J Criminal Post Trial Deputy CC: 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. 1201 Franklin P.O.Box 4651 Houston, Texas 77210-465 1 *2 (U I Cause No. THE STATE OF TEXAS
V.
JSCvu\ PlK-folÿ PlTÿfroZAift A/K/A/ District Court / Couuty Ciii UtCourt at LuwNo. D
®s?sa
By _ _ Harris County, Texas JUL 23 2015
Time:
NOTICE OF APPEAL :°unijr( TMJT TO THE HONORABLE JUDGE OF SAID COURT:
On (date), the defendant in the above numbered and styled cause gives lor APPEAL of his conviction. NOTICE The undersigned attorney (check appropriate box):
to withdraw. ADVISES the court that he will CONTINUE to represent the defendant on appeal. bÿ£
%
\Dctfi, n Date Attorney (Signature) <1piny (/YnV\ <1 Q-] h'jlnPiQld Defendant (Printed name) Attorney (Printed name) / . State Bar Number BrntLA 32-0
j
Qn l4}0bi£ Address S3 S& Telephone Numburÿ Tbe defendant (check all that apply): n REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. er 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. Defendant's printed naml 7<r Depend i iignatui v-e * / xs 'SWORN TO AND SUBSCRIBED BEFORE ME ON [2] o I By Deputy District Clerk of Harris County, Texas \°X .-'vv hnpÿ/hcdco-imranet/Craninal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (3 pages-w AfTirmaiiofiJ.docx Page I ot’3
ORDER
*3 'Vy*y\<> the Court conducted a hearing and FINDS that defendant / appellant On IS NOT indigent at this time. IS indigent for the purpose of
employing counsel paying for a clerk’s and court reporter’s record.
counsel or paying for a clerk’s and court reporter’s record. The Court ORDERS that /<ÿ\\ Counsel’s motion to withdraw i /DENIED. Defendant / appellant's motion (to be found indigent) is DENIED. Defendant’s / appellant’s motion is GRANTED and
S' S' (attorney’s name & bar card number) is APPOINTED to represent defendant / appellant on appeal. COURT REPORTER is ORDERED to prepare and file the reporter’s record without charge to S defendant / appel lant. SET at $ _ BAIL IS: TO CONTINUE as presently set. DENIED and is SET at No BOND. (Felony Only)
. _ DATE SIGNED: ’
NS
4 JUDGE PRESIDING, x.4 £ / DISTRICT COURT/ \« o COUNTY CRIMINAL COURT AT LAÿ BO/. HARRIS COUNTY, TEXAS o W \o
-- — \ d>\.
\
dO htip://hcdco-intranet/Criminal/Crirntnal Courls/SOPs and Forms Librsry/Criminal Forms/Noiice of Appeal (3 pages-w Affirmation). doex Page [2] of3 *4 mmss’.s © V
Cause No. 7ÿ INTHEI<?<9 DISTRICT COURT THE STATE OF TEXAS COUNTY CRIMINAL COURT AT LAW NO.
V.
_ , Defendant
HARRIS
COUNTY, TEXAS TRIAL COURT'S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL* l, 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]
I~1
is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or]
["I
is a plea-bargain case, and the defendant has NO right of appeal, [or] f~1 the defendant has waived the right of appeal. n.Q 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. 1 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.
/ befeu&mtÿ * * Defendant’s Counsel Mailing Address: _
FILED
State Bar of Texas ID number Telephone number: _ Chri» Daniel fc8f',h District Clerk Mailing Address: Tl Coi-' JUL 23 2015 Fax number (if anyÿm( Telephone number - «nrrl» County, TaxEt* Fax number (if any): 7)/ 3
Dopulj
* “A defendant in a criminal case has the right of appeal under these rules. The Ural court shall enter a cettification: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 die trial court's permission to appeal." TEXAS RULES OF APPELLATE PROCEDURE 25.2(a)(2).
CLERK
*5 ?z PAUPER'S OATH ON APPEAL mm-sspo [mÿss' r OFFENSE: A£i£-y
CAUSE
NO.: jU I DISTRICT COUR'Pfÿ THE STATE OF TEXAS
OF
VS.
J°L 24 HARRIS COUNTY, TE&A£ TO THE HONORABLE IUDGE OF SAID COURT: Ojpjp%sÿÿ AAÿ(LQC£XJ P \\ fa P(£ALQ defendant in the above styled andnumBSred
NOW
COMES cause, and states under oath that lie is without funds, property or income. The defendant respectfully petitions the court to: (check all that apply)
Appoint appellate counsel to represent him. Asks the court to order that a free record be provided to him.
/ DpENB&fT V dav of~ÿU-ÿ A.D., 20 15T SUBSCRIBED AND SWORN to before me, this iternty DISTRICT CLERK 1)0 DISTRICT COURT [ARRIS COUNTY, TEXAS
ORDER OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent. The court orders thatÿÿ cVvoxi?. PP\ÿ -£r\f IMjs appoi $3) nted 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.
r\ vu\ k) IC _ , by certified mtuTretum retfeip) requested. * It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter
JUDGWRESII5ING
iXO DISTRICT COURT HARRIS COUNTY, TEXAS AFFIRMATION
K\ A-ÿÿttomey at Law, swear or affirm that I will be solely
I,
responsible for writing a brief and representing the appellant on appeal. If 1 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. ATTORNEY (SIGNATURE! V
BAWSPN NUMBER
ADDRESS
*6 CITY STATE ZIP in PW ?Tr 7 PHONE FAX NUMBER tu rVt n rop/S)
ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME ON
DJSTÿCT CLERK (SIGNATURE) DEPUTY DISTRICT CLERK „ Cause No.
THE
STATE OF TEXAS
<3 A-C| P-|T7faKlPA*fV A/K/A/ \toTYf District Court / County CHlnlmU Coui I at Luw-Ntr. Harris County, Texas OATH OF APPOINTED ATTORNEY ON APPEAL 1/ Attorney at Law, swear or affirm that I will be solely
I,
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. U*.
!3 Attomey-at-Law (Signature) BAR Number / SPN 9P.?2 >X Address City / State / Zip '13 ~V3_ Phone FAX * _0/ÿ w II SWORN TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas
\r: / & N,, tic's'll /ÿ *7 hnp://hcdco-intranctATrimjnfll/CriminaJ Coura/SOPs and Forms Library/CrimirmJ Forms/Nolice of Appeal (3 pages-w Aflirmaiion),docx Page [3] of [3] 06/01/06 APPEAL CARD
IET
The State of Texas Vs , NCUA
IT?
Of Appeal: __ Date Notice Vol. Pg.. Presentation:
Vol.. Pg*. Judgment: Court Reporter _ Judge PrÿidinpOiVTl\0iZVVAÿ EMA'MS
OEM ~P Court Reporter Court Reporter
(riOH \M \CA*
Attorney
on Appeal. Tt> foC bgTBfcfftiMgQ
Appointed _ Hired Offense v/ No Yes Jury Trial Assessed _
dr<0 Punishment M D (If Known) _ *8 Companion Cases
l«?o jzr Amount of Appeal Bond. Appellant Yes No Confined: To Appeal Section _ Date Submitted J[)j g
T
Deputy Clerk