alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-11-0479-CR 

IN THE COURT OF APPEALS 

FOR THE SEVENTH DISTRICT OF TEXAS 

AT AMARILLO 

PANEL C 

DECEMBER 12, 2011 

______________________________ 

MICHAEL PINA MONTION, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

_________________________________ 

FROM THE 64TH DISTRICT COURT OF HALE COUNTY; 

NO. A18655-1012; HONORABLE WALLY HATCH, JUDGE 

_______________________________ 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. 

MEMORANDUM OPINION 

 Following a conviction for burglary of a habitation,1

 on March 3, 2011, Appellant, 

Michael Pina Montion, was sentenced to six years confinement, suspended in favor of 

community supervision, and assessed a $1,000 fine. The State filed a motion to revoke 

community supervision for violations of the terms and conditions thereof. On October 

 

1

Tex. Penal Code Ann. § 30.02(a) (West 2011). 
2 

24, 2011, following a hearing, the trial court granted the State's motion, revoked 

Appellant's community supervision and imposed the original sentence. Appellant filed a 

notice of appeal on November 30, 2011. We dismiss for want of jurisdiction. 

 A timely and proper notice of appeal invokes this Court=s jurisdiction. State v. 

Riewe, 13 S.W.3d 408, 410 (Tex.Crim.App. 2000). When no motion for new trial is filed, 

a notice of appeal must be filed within thirty days after the day sentence is imposed. 

Tex. R. App. P. 26.2(a)(1). The deadline may be extended if, within fifteen days, the 

party files the notice with the trial court clerk and files in this Court a motion for 

extension of time in compliance with Rule 10.5(b) of the Texas Rules of Appellate 

Procedure.2

 See Tex. R. App. P. 26.3. (Emphasis added). This Court has no authority 

to invoke Rule 2 of the Texas Rules of Appellate Procedure to enlarge the time in which 

to file the notice of appeal or the motion for extension of time. Tex. R. App. P. 2; Slaton 

v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). 

The judgment reflects that Appellant's sentence was imposed on October 24, 

2011. Because no motion for new trial was filed, Appellant's notice of appeal was due 

to be filed with the trial court clerk on or before November 23, 2011. Notwithstanding 

that the notice of appeal was filed in the trial court on November 30, 2011, within the 

fifteen day period provided by Rule 26.3, no motion for extension of time was timely filed 

in this Court. Consequently, this Court is without authority to extend the time to file the 

 

2

Unlike in civil cases, the motion for extension of time reasonably explaining the delay cannot be implied. 

Cf. Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex. 1997). 
3 

notice of appeal and the untimely notice of appeal prevents this Court from exercising 

jurisdiction over this case.3

 

Accordingly, this appeal is dismissed for want of jurisdiction.

 Patrick A. Pirtle 

 Justice 

 

3

Appellant may be entitled to relief by way of an out-of-time appeal by filing a post-conviction writ of 

habeas corpus returnable to the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07 

(West Supp. 2011).
§ 1080.5 Application procedures for States. ( a ) Each State requesting funds under the Emergency Community Services Homeless Grant Program shall submit to the Office of Community Services an application for funds for each fiscal year, at a time established by the Secretary. Approval must be requested of and received from the Office of Community Services before a State may implement changes to the information requested by paragraph (b) of this section after an application has been approved.
( b ) The application may be in any format, but must include a description of the agencies, organizations, and activities that the State intends to support with the amounts received. In addition, the application must include the following assurances, signed by the Governor or his/her designee: ( 1 ) The State will award not less than 95 percent of the amounts it receives to: ( i ) Community action agencies and other organizations that are eligible to receive amounts under section 675(c)(2)(A) of the Community Services Block Grant Act (42 U.S.C. 9904(c)(2)(A));
( ii ) Organizations serving migrant and seasonal farmworkers; and
( iii ) Any organization to which a State, that applied for and received a waiver from the Secretary under Public Law 98-139, made a grant under the Community Services Block Grant Act (42 U.S.C. 9901 *et seq.*) for fiscal year 1984;
( 2 ) No amount received will be used to supplant other programs for homeless individuals administered by the State;
( 3 ) Not more than 5 percent of the amount received will be used to defray State administrative costs;
( 4 ) Every effort will be made to award the funds within 60 days of their receipt;
( 5 ) Not more than 25 percent of the amounts received will be used for the purpose described in § 1080.4(e) of these regulations; and
( 6 ) The State will have mechanisms in place to assure coordination among State and local agencies serving the homeless. This will include coordination at the State level with the agency responsible for developing the Comprehensive Homeless Assistance Plan or the Comprehensive Housing Affordability Strategy as required by section 401 of such Act (42 U.S.C. 11361), as amended by section 836 of the Cranston-Gonzalez National Affordable Housing Act.
( 7 ) The State will have procedures in place to assure compliance with the provisions of the National Historic Preservation Act prior to the awarding of any amounts to be used for renovating any properties that are listed on, or eligible for inclusion on, the National Register of Historic Places.
(Information collection requirements are approved by the Office of Management and Budget under control number 0970-0088) [54 FR 6372, Feb. 9, 1989, as amended at 57 FR 27946, June 23, 1992]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7327
WILSON ATKINSON, Plaintiff - Appellant, versusPARKER EVATT, Commissioner, South Carolina Department of Corrections; KENNETH D. MCKELLAR, Deputy Regional Administrator, South Carolina Department of Corrections; KENNETH WOODINGTON,Employee, Headquarters, South Carolina Department of Corrections; WILLIAM H. DAVIS, Warden, Evans Correctional Institution; L. J. ALLEN, Regional Administrator; WILLIAM CATOE, Deputy Commissioner of Operations; GASTON FAIREY, Attorney for "Nelson" Decree; JOHN SHUPPER, Plaintiff Monitor for "Nelson" Decree, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-94-2236-3-19-BC) Submitted: January 18, 1996 Decided: February 1, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.2 Wilson Atkinson, Appellant Pro Se. William Llewellyn Pope, POPE & RODGERS, Columbia, South Carolina; John Christopher Mills, FAIREY, PARISE & MILLS, P.A., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant app eals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewedthe record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Atkinson v. Evatt , No. CA-94-2236-3-19-BC (D.S.C. July 27, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
§ 1000.3 Requirements. ( a ) A qualified entity, other than a State or local government agency or tribal government, shall establish a Reserve Fund for use in the Assets for Independence program. Each reserve fund established by a qualified entity, other than a State or local government agency or tribal government, is subject to the Department of Health and Human Services' uniform administrative requirements under 45 CFR part 75.
( b ) Any reserve fund established by a qualified entity that is a State or local government agency or tribal government is subject to the Department of Health and Human Services' uniform administrative requirements under 45 CFR part 75.
[66 FR 48972, Sept. 25, 2001, as amended at 81 FR 3021, Jan. 20, 2016]
# EUR-Lex - 12006E270 - EN

Important legal notice

*|*

# 12006E270

**Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE II - Financial provisions - Article 270 **

*
Official Journal C 321 E , 29/12/2006 P. 0164 - 0164 Official Journal C 325 , 24/12/2002 P. 0140 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0287 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0070 - Consolidated version *

Article 270

With a view to maintaining budgetary discipline, the Commission shall not make any proposal for a Community act, or alter its proposals, or adopt any implementing measure which is likely to have appreciable implications for the budget without providing the assurance that that proposal or that measure is capable of being financed within the limit of the Community's own resources arising under provisions laid down by the Council pursuant to Article 269.

--------------------------------------------------
CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report on Form 10-K of Legend Media, Inc. (the
“Company”) for the year ended June 30, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), Jeffrey Dash, Chief
Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
§1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that:





(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.





Dated:
      October 14, 2009
            By:
            /s/
      Jeffrey DashJeffrey
      DashChief
      Financial Officer





A signed
original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
§ 73.11 Federal Interagency Panel for World Heritage. ( a ) *Responsibilities.* The Federal Interagency Panel for World Heritage is established to advise the Department of the Interior on implementation of the World Heritage Convention. Among other things, the panel assists in the following activities: ( 1 ) The development of policy and procedures for effectively implementing the Convention in the U.S.;
( 2 ) The evaluation of draft U.S. nomination documents;
( 3 ) The making of recommendations for approval of U.S. nominations;
( 4 ) The dissemination of information on the Convention within other Federal agencies; and
( 5 ) The promotion of increased awareness and understanding of the importance of heritage conservation.
( b ) *Composition.* ( 1 ) The Federal Interagency Panel for World Heritage is composed of representatives, named by their respective agencies, from the following agencies and offices: ( i ) The Office of the Assistant Secretary for Fish and Wildlife and Parks, U.S. Department of the Interior;
( ii ) The National Park Service, U.S. Department of the Interior;
( iii ) The U.S. Fish and Wildlife Service, U.S. Department of the Interior;
( iv ) The President's Council on Environmental Quality;
( v ) The Smithsonian Institution;
( vi ) The Advisory Council on Historic Preservation;
( vii ) The National Oceanic and Atmospheric Administration, Department of Commerce; and
( viii ) The Department of State.
( 2 ) Additional representatives from other Federal agencies with mandates and expertise in heritage conservation may be requested to participate in the Panel from time to time.
( 3 ) The Assistant Secretary, or his/her designee, chairs the Panel, and sets its agenda and schedule. The NPS provides staff support to the Panel.
#### The Oriental Bank, Respondent, *v.*Saverio Gallo, Appellant.

(Submitted April 19, 1907;

decided May 7, 1907.)

*Oriental Bank*v. *Gallo,*112 App. Div. 360, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered Hay 18, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover the amount of a certified check deposited by the defendant with the plaintiff bank upon the ground that the indorsement prior to defendant’s was a forgery.

*J. Stewart Boss*and *Effingham L. Holywell*for appellant.

*He Witt Bailey*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J.; Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

January 29, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 131066(39) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 131066 

 COA: 263118 

Lenawee CC: 81-021336-FY 

GARY FRANCIS FREEMAN BAUBLITZ,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s September 

26, 2006 order is considered, and it is DENIED, because it does not appear that the order 

was entered erroneously. 

d0122 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

January 29, 2007 

 Clerk
# C o u rt o f

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A1 9 A0 56 3 . CI A RA J OHNSON v . CHARLES W ALDEN LANE.

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was t ran s ferred to ju v en i l e co u rt b ecau s e t h ere was a rel at ed cas e p en d i n g th ere, an d

t h e ju v en i l e co urt ap p aren t l y en t ered a fi n al ju d g m en t i n M ay 2 0 1 6. Defen d an t Ci ara

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n o t i ce of t h e fi n al ju d g m en t an d as k i n g t h e s u p e r i o r co u rt t o re-en t er t h e ju d g m en t

p u rs u an t t o O CGA § 9 -1 1 -6 0 (g ). Th e su p eri o r co u rt d en i ed t h e m o t i o n o n t h e

g ro u nd t h at i t was t h e ju v en i le co u rt

– n ot t h e s u peri or co u rt

– t h at i s s u ed t h e o rd er

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s u b ject t o d i rect ap p e a l

. See Cr a wf o r d v. Kr o g er Co

. , 1 8 3 Ga. Ap p

. 8 3 6 (1 ) (3 6 0

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an ap p eal i n a d o m es t i c rel a t i o n s cas e m u s t b e in i t i at ed b y fi l i ng an ap p l i cat i o n fo r

d i s cret i o n ary re v i ew. See OCGA § 5 -6 -3 5 (a) (2 ), (b ); Cl o u d v. No r wo o d

, 3 2 1 Ga.

Ap p

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, 1 7 4 Ga. Ap p

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SE2 d 4 8 ) (1 9 8 5 ). “ [C] o m p l i an ce wi t h t h e d i s cret io n ary ap p eal s p ro ced u re i s

j u ri s d i ct i on al .” Fa b e v. Fl o yd

, 1 9 9 Ga. Ap p

. 3 2 2

, 3 3 2 (1 ) (4 0 5 SE2 d 2 65 ) (1 9 9 1 ).

J o h n s on ’ s fai l u re t o fo ll o w t h e d i s cret i o nary rev i ew p ro ced u re dep ri v es u s o f

ju ri s d i ct i o n o v er t hi s ap p eal

, wh i ch i s h ereb y DISM ISSED. See Cl o u d

, 3 2 1 Ga. Ap p.

at 2 1 8 ; Fl o

yd , 1 99 Ga. Ap p . at 3 3 2 (1 ). December 06, 2018C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a tr u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

.

W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 12/06/2018
§ 9.304 Application requirements. ( a ) By February 15 of each year, the designated coordinator of each AMRAP agency will forward to the Regional Director an application pursuant to § 9.304(b) for proposed AMRAP projects and activities discussed and reviewed at the annual coordination meeting held under § 9.303(b). Applications requiring additional information will be promptly returned to, or discussed with, the coordinator of the involved AMRAP agency to resolve any deficiencies.
( b ) Applications will be submitted in a form and manner prescribed by the Regional Director and will contain at a minimum: ( 1 ) The name of the AMRAP agency and responsible office and, where applicable, its designated contractual representative that will conduct the proposed activities;
( 2 ) The name, office address and telephone numbers of the AMRAP agency persons or contractor persons who will supervise the proposed activities, and a list of all individual's names, addresses and telephone numbers who will be present at field activities;
( 3 ) A list of any previous AMRAP activities or prior geologic and mineral resource assessments that have occurred in the proposed study area;
( 4 ) A discussion of overall project objectives, schedules and products, and how the proposed activities for the current application relate to those objectives;
( 5 ) A description of the activities proposed for approval, including a detailed description of the collection techniques, sampling methods and equipment to be used in each area;
( 6 ) Topographic maps identifying the specific areas in units of the National Park System where the agency proposes to conduct each AMRAP activity;
( 7 ) The approximate dates on which the AMRAP activities for each area are proposed to be commenced and completed;
( 8 ) A description of access means and routes for each area in which work is proposed including an estimate of the number of flights or number of vehicle trips;
( 9 ) A description of the field support requirements proposed for locations on lands within units of the National Park System, including camp sites, fuel storage areas, and any other requirements;
( 10 ) A discussion which documents that proposed activities will be carried out in an environmentally sound manner utilizing the least impacting technology suitable for the purposes of the project; and
( 11 ) A description of how any disturbed areas, such as camp sites, will be reclaimed.
[56 FR 22652, May 16, 1991. Redesignated and amended at 81 FR 77992, 78005, Nov. 4, 2016]
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

       In connection with the Quarterly Report of Integrated EnvironmentalTechnologies, Ltd. (the "Company") on Form 10-QSB for the period endedJune 30, 2004, as filed with the Securities and Exchange Commission on the datehereof (the "Report"), I, William E. Prince, President and ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

> 
(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of  the Securities Exchange Act of 1934; and

> 
(2)  The information contained in the Report fairly presents, in all material  respects, the financial condition and results of operations of the Company.

 

/S/WilliamE. Prince

WilliamE. Prince

Presidentand Chief Executive Officer

August23,2004
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

VINTAVOUS LANARD DELAFIELD, 

Appellant, 

v.

Case No. 5D21-788

LT Case No. 2020-CF-000708

STATE OF FLORIDA, 

Appellee. 

________________________________/ 

Decision filed May 24, 2022 

Appeal from the Circuit Court 

for St. Johns County, 

R. Lee Smith, Judge.

Tiffany Gatesh Fearing, of Suncoast 

Legal Group, P.L., Spring Hill, for 

Appellant. 

Ashley Moody, Attorney General, 

Tallahassee, and Carmen F. Corrente, 

Assistant Attorney General, Daytona 

Beach, for Appellee. 

PER CURIAM. 

AFFIRMED. 

LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Defense

###### Office of the Secretary

# AGENCY:

Missile Defense Agency (MDA).

# ACTION:

Notice of Closed Meeting.

# SUMMARY:

The Missile Defense Advisory Committee will meet in closed session on November 28-29, 2006, in Washington, DC.

The mission of the Missile Defense Advisory Committee is to provide the Department of Defense advice on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Missile Defense System (BMDS) to enter the acquisition process. At this meeting, the Committee will conduct classified discussions on capability-based acquisition.

# FOR FURTHER INFORMATION CONTACT:

                        COL David R. Wolf, Designated Federal Official (DFO) at                         *david.wolf@mda.mil*, phone/voice mail (703) 695-6438, or mail at 7100 Defense Pentagon, Washington, DC 20302-7100.                    

# SUPPLEMENTARY INFORMATION:

In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. 92-463, as amended (5 U.S.C. App. II), it has been determined that this Missile Defense Advisory Committee meeting concerns matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meeting will be closed to the public.

Dated: October 19, 2006.

C.R. Choate,

Alternate OSD Federal Register Liaison Office, Department of Defense.

[FR Doc. 06-8868 Filed 10-24-06; 8:45 am]

BILLING CODE 5001-06-M