Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/14/2015 8:44:56 AM CHRISTOPHER A. PRINE Clerk

*1 CHRIS DANIEL 9 B HARRIS COI NTV DISTRICT CLERK December 11, 2015 HONORABLE KRISTIN GUINEY 179TH DISTRICT COURT HARRIS COUNTY HOUSTON. TX Defendant's Name: MERVIN RICHARD HAYE Cause No: 1416291 Court: 1 79th DISTRICT COURT Please note the following appeal updates on the above mentioned cause: Notice of Appeal Filed Date: 12/09/15 Sentence Imposed Date: 12/09/15 Court of Appeals Assignment: First Court of Appeals Appeal Attorney of Record: TO BE DETERMINED Sincerely,

( d Criminal Post Trial Deputy CC: Devon Anderson

District Attorney Appellate Division Harris County, Texas

RENEE REAGAN (DELIVERED VIA E-MAIL) This is your notice to inform any and all substitute reporters in this cause. RECORDER’S MEMORANDUM This instrument is of poor quality

at the time of imaging 1201 Franklin P.O.Box 4651 Houston. Texas 77210-4651 *2 I3JA29I Cause No. <(V

THE

STATE OF TEXAS V. A/K/A/ District Court / County Criminal Court at Law No. Harris County, Texas NOTICE OF APPEAL

TO

THE HONORABLE JUDGE OF SAID COURT:

(date), the defendant in the above numbered and styled causÿi\£s *ÿ 1ÿ-0ÿ-9'OI5

On

NOTICE OF APPEAL of his conviction.

*V- °£c o 3 The undersigned attorney (check appropriate box): % *0ÿ MOVES to withdraw. By ADVISES the court that he will CONTINUE to represent, the defendant on appeal. \fS Date Attorney (Signature) T- ItlewU U„ Defendant (Printed name) Attorney (Printed name)

State Bar Number Sfo, tflto. ~7 klh \'T5ÿ "1 "1 CM, 0 Address LAS Telephone Number The defendant (check all that apply): sa REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT appellate counsel to represent him. g/ASKS the Court to ORDER that a free record be provided to him. the court to set BAIL. Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order Granting the requested relief. nwv.-n u

u gtujvg l Defendant (Signature) Defendant’s Printed name DEC 0 9 2015 SWORN TO AND SUBSCRIBED BEFORE ME ON By Deputy District Clerk of Harris County, Texas hnp://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Library/Criminal Forms/Notice of Appeal (2 pages- without Affirmation).docPage I of 2

ORDER

*3 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. y employing counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that Counsel’s motion to withdraÿjÿÿSRANJfiÿ /DENIED. Defendant / appellant’s motion (to be found indigent) is DENIED.

aÿDefendant’ s / appellant’s motion is GRANTED and (attorney’s name & bar card number) 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: SET at $ _ TO CONTINUE as presently set. DENIED and is SET at NO BOND. (Felony Only)

DATE SIGNED: _ _ DISTRICT COURT / \ / \ JUDGE PRESIDING, COUNTY CRIMINAL COURT AT LAW NO. HARRIS COUNTY, THXAS \

http://hcdco-intranet/Criminal/Criminal Courts/SOPs and Forms Libraiy/Crimina! Forms/Notice of Appeal (2pages-without Affirmation).docPage ^[2] of ^[2] *4 m

Hjuai

Cause No. IN THE COURT THE STATE OF TEXAS v. COUNTY CRIMINAL COURT AT LAW NO.

_ , Defendant

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] O 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] l~~l is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, [or]

I~1 is a ploÿcargain case, and thÿdefendant has NO right of appeal, [or] / O thejrcfendant has waivedÿtne right of appeaLÿÿ"" Judge Date Sign I have received a copy at this certificaition. 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 ure. I have been admonished that my attorney must mail a copy of the court of Texas Rules of Appellate P 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 pranse petition for discretionary review.

lul f rrw, I iMbndant's Counsel Defendant Mailing Address: _

TW* — State Bar of Texas ID number: I \ frW / (ft kTl Telephone number: Address: ''$(.6ÿ _ number: Xj\

&oV>ff

Fax number (if any): Fax number (if any): _

Vi

* “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).

CLERK

*5 \ APPEAL CARD Court £0 The State of Texas f(fl '2lQMAd /?- DEC 0 9 2015 Date Notice Of Appeal: .

Vol. _ Pg. _ Pg-. Presentation: Vol. Judgment:

huIMÿ Judge Presidin Court Reporter Court Reporter Court Reporter Attorney

'OArVLCW i on Trial Attorney

I «J> on Appeal. Appointed Hired tuuepÿ- Offense Yes y No Jury Trial Assessed _

~7D — :

Punishment

(If Known) _ Companion Cases

40 6zW\ Amount of Appeal Bond.

Yes \/ No _

Appellant

Confined:

It-UW : Date Submitted v v<k To Appeal Sectionÿ

Aj;on uV- Deputy Clerk