Mason, William Michael, AP-77,064

Mason, William Michael

AP-77,064

| Tex. App. | Dec 8, 2015

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Case Information

December 1, 2015 PATRICK F. MCCAIN ATTORNEY OF RECORD 909 TEXAS AVENUE #205 HOUSTON TX 77002 Defendant's Name: WILLIAM MICHAEL MASON Cause No: 0620074 Court: 228TH DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 11/19/15 Sentence Imposed Date: 11/19/15 Court of Appeals Assignment: Court of Criminal Appeals Appeal Attorney of Record: PATRICK F. MCCAIN

FILED IN

COURT OF CRIMINAL APPEALS DEC 082015

Abel Acosta, Clerk

AbeI Acosta, Clerk

FILED IN

COURT OF CRIMINAL APPEALS DEC 082015

Abel Acosta, Clerk

CC: Devon Anderson
District Attorney
Appellate Division
Harris County, Texas

LISA MILLS (DELIVERED VIA E-MAIL) MATTIE KIMBLE (DELIVERED VIA E - MAIL) This is your notice to inform any and all substitute reporters in this cause.

228 District Court / County Criminal Court at Law No.

Harris County, Texas

Notice of Appeal

TO THE HONORABLE JUDGE OF SAID COURT:

On $\frac{11 / 19 / 15}{N_{L}}$ (date), the defendant in the above numbered and styled cause gives NOTICE OF APPEAL of his conviction.

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

$11 / 19 / 15$

Date WILLIAM MICHAEL MASON Defendant (Printed name) F I L E D Chris Daniel District Clerk NOV 192015 Time: Harris County, Texas

By By Copyright (check all that apply): $ℱ$ REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. $ℋ$ ASKS the Court to ORDER that a free record be provided to him. a ASKS the court to set BALL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief. $\underset{Defendant (Signature)}{WILLIAM MICHAEL MASON}$

WILLIAM MICHAEL MASON

Defendant's Printed name (1-19-15 By Deputy District Clerk of Harris County, Texas

*3 On $11 - 19 - 15$ 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. $Δ$ employing counsel or paying for a clerk's and court reporter's record. The Court ORDERS that $✓$ Counsel's motion to withdraw is (i) (i) DenIED. a Defendant / appellant's motion (to be found indigent) is DENIED. $✓$ Defendant's / appellant's motion is GRANTEd and $✓$ $\frac{PARKCK MCCANN}{(attorney's name &; bar card number)}$ 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: 11-19-15

The State of Texas

MASON, WILLIAM MICHAEL Defendant

In the 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. 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 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 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.

XMUllon M. Mrasow

Defendant

7822250 Cmise

Defendant's Counsel

Mailing Address: 1 L. E. 1 State Bar of Texas ID number: 07572500 Telephone number: Mailing Address: NQV 19205

Fax number (if any): www.munneconsumy. Texas Telephone number: Fax number (if any):

*5 APPEALCARD CA

1-1/6-110

Court 222

Cause No. 01020074

The State of Texas Vs MASON, WILLIAM MICHAE 11-1/4-15

Date Notice Of Appeal: 11-1/4-15

Presentation: Vol. Pg.

Judgment: Vol. Pg.

Judge Presiding M CAKTER Court Reporter L YMILLS Court Reporter M KIMBLE

Court Reporter KURT WENTZ, ROBERT Attorney SCOT, & TERRAILLE GASER on Trial

Attorney on Appeal PATEICIC MECANN

Appointed Hired

Offense CAPIM MURDER

Jury Trial Yes. No.

Punishment Assessed DEATH

Companion Cases (If Known) 01001302,058874

Amount of Appeal Bond Appellant Confined: Yes. No.

Date Submitted To Appeal Section 11-20-15

Deputy Clerk JAG

William Michael Mason

Plea to Enhancement Findings on Enhancement

Puritement

Death

The Defendant having been indicted in the above entitled and numbered cause for the felony offense indicated above and this cause being this day called for trial, the State appeared by her District Attorney as named above and the Defendant named above appeared in person with Counsel as named above, and both parties announced ready for trial.

A Jury composed of $M_{sustion} K_{Kand}$ and eleven others was selected, isponailed, and sworn. The indictment was read to the Jury and the Defendant, entered a plea of not guilty thereto, after having heard the evidence submitted; and having been charged by the Court as to their duty to determine the guilt or innocence of the Defendant and the argument of counsel, the Jury retired in charge of the proper offiear and returned into open court on the day of March, 1943, the following verdict, which was received by the Court and is here entered or record upon the minutes: "We, the Jury, find the defendant, William Michael Mason, guilty of capital murder, as charged in the indictment."

Thereupon, the jury, in accordance with law, heard further evidence, and having been again charged by the Court, the jury retired in charge of the proper offiear and returned into open Court on the 16 day of March, 1943, the following verdict, which was received by the Court and is here entered of record upon the minutes:

SPECIAL ISSUE NO. 1 Was the conduct of the defendant, William Michael Mason, that caused the death of the deceased committed deliberately and with the reasonable expectation, that the death of the deceased or another would result?

ANSWER We, the jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes." As/ Christine P. Kunkel

SPECIAL ISSUE NO. 2 POREMAN OR FORELADY OF THE JURY Is there a probability that the defendant, William Micheal Mason, would commit criminal acts of violence that would constitute a continuing threat to society?

ANSWER We, the jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes." /s/ Christine P. Kunkel

It is therefore considered, ordered, and adjudged by the Court that the Defendant is guilty of the offense indicated above, a fallacy, as found by the verdict of the jury, and that the said Defendant consided the said offense on the data indicated above, and that he be punished, as has been determined by the Jury, by death, and that Defendant be reaended to jail to await further orders of this court.

And thereupon, the said Defendant was asked by the Court whether he had anything to say why sentence should not be pronounced against him, and he answered nothing in her thereof.

Whereupon the Court proceeded, in presence of said Defendant to pronounce sentence against him as follows, to wit, "It is the order of the Court that the Defendant named above, who has been adjudged to be guilty of the offense indicated above and whose punishment has been assessed by the verdict of the jury and the judgment of the Court at Death, shall be delivered by the Sheriff of Harris County, Texas immediately to the Director of Corrections of the State of Texas, or any other person legally authorized to received such convicts, and said Defendant shall be confined in said Department of Corrections in accordance with the provisions of the law governing the Texas Department of Corrections until a date of execution of the said Defendant is imposed by this Court after receipt in this Court of mands of offtrance by the Court of Criminal Apperts of the State of Texas.

The said Defendant is reaended to jail until said Sheriff can obey the directions of this sentence. From which sentence on appeal is taken as a matter of law to the Court of Criminal Apperts of the State of Texas, Austin, Texas.

Signed and entered on this the day of $\frac{MAR 161892}{19}$ .

Housin

Judge, N.A. District Court Harris County, Texas

COPY TO .7K

JUJ JOY!OPT J

ou the ou th day of October, MAY, MAWORN of AFTERMANE RECEIVED FROM THE COURT OF CRIMONAL ANASALS.

H-19-15 - JURYFOUND #1 YES, #2 YES, #3 NO.

COURT SENTENCED DEPENDANT TO DEATH H-19-15- NOTICE OF APPERL FILED

NOTES

* "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).