alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

Nos. 04-16-00775-CR & 04-16-00776-CR

Samuel Chacon MENCHACA, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Kerr County, Texas

Trial Court Nos. A15427 & A15428

Honorable N. Keith Williams, Judge Presiding

Opinion by: Sandee Bryan Marion, Chief Justice

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: December 13, 2017

AFFIRMED

Samuel Chacon Menchaca, Jr. entered an open plea of guilty to two offenses of delivery of 

a controlled substance in a drug free zone. Menchaca also pled true to two enhancement 

paragraphs in the indictments. The trial court sentenced Menchaca as a habitual offender to thirtyfive years’ imprisonment for each offense with the sentences to run concurrently.

Menchaca’s court-appointed attorney filed a brief containing a professional evaluation of 

the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes the 

appeal has no merit. Counsel provided Menchaca with a copy of the brief and informed him of 
04-16-00775-CR & 04-16-00776-CR

- 2 -

his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 

(Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—

San Antonio 1996, no pet.). Menchaca did not file a pro se brief.

After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and 

without merit. The judgment of the trial court is affirmed. Appellate counsel’s request to withdraw 

is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will 

be appointed. Should Menchaca wish to seek further review of this case by the Texas Court of 

Criminal Appeals, Menchaca must either retain an attorney to file a petition for discretionary 

review or Menchaca must file a pro se petition for discretionary review. Any petition for 

discretionary review must be filed within thirty days from the later of: (1) the date of this opinion; 

or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 

68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. 

See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the 

requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.

Sandee Bryan Marion, Chief Justice

DO NOT PUBLISH
----

**Exh**
**ibit      32**

**CERTIFICATION      PURSUANT TO **

**18      U.S.C. SECTION 1350, **

**AS      ADOPTED PURSUANT TO **

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002 **

|   | /s/                  Charles C. Handly                                                                                                                                                                                                                |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Charles                  C. Handly, President and Chief Executive Officer of Rio Vista GP                  LLC, the                  general partner of Rio Vista Energy Partners L.P.                                                                |
|   | August                  14, 2006                                                                                                                                                                                                                      |
|   |                                                                                                                                                                                                                                                  |
|   |                                                                                                                                                                                                                                                  |
|   | /s/                  Ian T. Bothwell                                                                                                                                                                                                                  |
|   | Ian                  T. Bothwell, Chief Financial Officer (principal accounting and                  financial                  officer) of Rio Vista GP LLC, the general partner of Rio Vista                  Energy                  Partners L.P. |
|   | August                  14, 2006                                                                                                                                                                                                                      |

----
EXHIBIT 32.1

                            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  Quarterly  Report on Form 10-Q of WNC Housing Tax
Credit Fund VI, L.P., Series 12 (the  "Partnership")  for the quarter ended June
30, 2005 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify 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 result of operations of
          the Partnership.




/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
August 10, 2005
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSE ALFREDO SOTO, No. CIV-S-04-2122 MCE/PAN P

Petitioner, 

v. ORDER

D. ADAMS, 

Respondent.

___________________________/

Petitioner, a state prisoner proceeding pro se, has filed an

application for a writ of habeas corpus pursuant to 28 U.S.C.

§ 2254. The matter was referred to a United States Magistrate

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General

Order No. 262.

On April 13, 2005, the magistrate judge filed findings and

recommendations herein which were served on all parties and which

contained notice to all parties that any objections to the

findings and recommendations were to be filed within twenty days. 

///

Case 2:04-cv-02122-MCE -EFB Document 17 Filed 06/02/05 Page 1 of 2
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Neither party has filed objections to the findings and

recommendations.

The court has reviewed the file and finds the findings and

recommendations to be supported by the record and by the

magistrate judge’s analysis. Accordingly, IT IS HEREBY ORDERED

that:

1. The findings and recommendations filed April 13, 2005,

are adopted in full; 

2. Respondent’s December 16, 2004, motion is denied;

3. Petitioner is permitted 60 days to file an amended

petition containing only his exhausted claims and a motion to

stay this action and hold it in abeyance while he exhausts his

other claims.

DATE: June 2, 2005

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-02122-MCE -EFB Document 17 Filed 06/02/05 Page 2 of 2
#### Perryman & Mojonier *v.*United States

No. 7298.

Invoice dated London, England, June 10, 1946.

Certified June 23, 1946.

Entered at Los Angeles, Calif., July 17, 1946.

Entry No. DE 274.

(Decided June 19, 1947)

*Lawrence, Tuttle & Harper (George B. Tuttle*of counsel) for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

*192Olives, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930 as amended by the Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise identified as item 149, consisting of so-called “Zip toilet cases,” and that such value was Sterling 6-7-6 each, less 2)4 per cent, plus packing as invoiced. As to all other merchandise involved, I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of value, and that such values were the appraised values, less additions made by the importer on entry because of an advance made by the appraiser in similar cases.

Judgment will be rendered accordingly.
Cause No. 2015-004508-1 

To the Honorable Judge: 

Defendants file this motion for new trial and show as follows. 

Attorney’s Fees 

The trial court erred by awarding attorney’s fees for the following reasons. 

First, the Court erred by awarding attorney fees because no rule, statute, 

or case permits the award of attorney fees in this type of case.

Second, the Court erred by awarding attorney fees because plaintiff has 

no pleadings to support an award of attorney fees.

Third, the Court erred by awarding attorney fees because there is no evidence or, in the alternative, insufficient evidence to support the Court’s 

award of attorney fees.

In sum, this court did not and does not have jurisdiction over this matter. Therefore, this court should grant this motion for new trial and dismiss 

this action. 

Jimmy Ray Matthews, Jr. and 

Nicholas Matthews, 

plaintiffs

In the

v. County Court at Law No. 1

Marta Carrejo Martinez and all 

occupants, 

defendants

Tarrant County, Texas

Motion for New Trial

Motion for New Trial

Page 1 of 2

E-FILED

TARRANT COUNTY, TEXAS

10/26/2015 4:21:10 PM

MARY LOUISE GARCIA

COUNTY CLERK

BY: T.W. B.

 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 12/7/2015 5:07:30 PM DEBRA SPISAK Clerk
Respectfully submitted, 

/s/ Leigh W. Davis___________ 

(Mr.) Leigh W. Davis 

1901 Central Dr. 

Suite 708 LB 57 

Bedford, TX 76021 

817.868.9500 

817.887.2401 (fax) 

State Bar No. 24029505

leighwdavis@gmail.com

Certificate of Service 

I certify that on October 26, 2015, a copy of this document was served on 

all counsel of record in this case by electronic mail service through the electronic case filing system. 

/s/ Leigh W. Davis____________ 

(Mr.) Leigh W. Davis

Motion for New Trial

Page 2 of 2
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED
PURSUANT TO SECTION 906 
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Guoshen Tu, the Chief Executive Officer of
CHINA SECURITY & SURVEILLANCE TECHNOLOGY, INC. (the Company), DOES HEREBY
CERTIFY that:

| | 1. | The Companys Quarterly Report on Form 10-Q for the
      quarter ended September 30, 2009 (the Report), fully complies with the
      requirements of Section 13(a) of the Securities Exchange Act of 1934;
      and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                                                                                         
| | 2. | Information contained in the Report fairly presents, in
      all material respects, the financial condition and results of operation of
      the Company.                                                             
| |    |                                                                                                                                                                                                                         
| |    | IN WITNESS WHEREOF, each of the undersigned has executed
      this statement this 28th day of October 2009.                                                                                                            

/s/ Guoshen TuGuoshen Tu Chief
Executive Officer (Principal Executive Officer)

A signed original of this written statement required by Section
906 has been provided to China Security & Surveillance Technology, Inc. and
will be retained by China Security & Surveillance Technology, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
(Reap. Dec. 10477)

#### W. R. Zanes & Co. of La., Inc. *v.*United States

Entry Nos. 2494; 3387.

(Decided April 4,1963)

*Siegel, Mandell & Davidson*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Ford, Judge:

The appeals for reappraisement listed above have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS STIPULATED AND AGREED by and between the respective parties hereto, subject to the approval of the Oonrt, as follows:

> *436That the merchandise covered by the appeals for reappraisement noted above consist of motorseooters, plus extra parts, exported from Italy during 1960.

> That at the time of export such or similar merchandise was not freely offered for sale to all purchasers in the principal markets of Italy for home consumption or for export to the United States nor was it freely offered for sale to all purchasers in the principal market of the United States for domestic consumption.

> That “cost of production” as defined in Section 402a (f) of the Tariff Act of 1930 for such merchandise at the time immediately preceding the date of exportation was as follows:

> For Model 125/LI — Lira 108,010.00, plus extras, as invoiced, packed.

> For Model 150/LI — Lira 121,375.00, plus extras, as invoiced, packed.

Accepting this stipulation as a statement of fact, I find and bold cost of production, as that value is defined in section 402a (f) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise covered by the appeals listed above, the value of the merchandise described on the invoice as model 125/LI, being lira 108,010, plus extras, as invoiced, packed; the value of the merchandise described on the invoice as model 150/LI, being lira 121,3/5, plus extras, as invoiced, packed.

Judgment will be rendered accordingly.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Tammie A. Quinlan, Executive Vice President and Chief Financial Officer, certifies
that (1) this Quarterly Report of CNL Income Properties, Inc. (the Company) on Form 10-Q for the period ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (this 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 this Report fairly presents, in all material respects, the financial condition of the
Company as of June 30, 2006 and December 31, 2005, and its results of operations for the quarters and six months ended June 30, 2006 and 2005.



|                      |  |                                                            
|--------------------- |  | -----------------------------------------------------------
|                      |  | /s/ Tammie A. Quinlan                                      
|Date: August 11, 2006 |  | Name: Tammie A. Quinlan                                    
|                      |  | Title: Executive Vice President and Chief Financial Officer
Exhibit 32.2



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





The undersigned, Terence Yap, the Chief Financial Officer of CHINA SECURITY & SURVEILLANCE TECHNOLOGY, INC. (the Company), DOES HEREBY CERTIFY that:



1. The Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and



2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.



IN WITNESS WHEREOF, each of the undersigned has executed this statement this 4th day of August 2008.



/s/ Terence Yap



Terence Yap

Chief Financial Officer

(Principal Financial Officer)



A signed original of this written statement required by Section 906 has been provided to China Security & Surveillance Technology, Inc. and will be retained by China Security & Surveillance Technology, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

---
##### 



EXHIBIT 32.1
 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002
  1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended; and2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of Local.com Corporation.
 Date: November 3, 2006
    /s/ Heath B. ClarkeHeath B. ClarkeChief Executive Officer and Chairman
(Principal Executive Officer) /s/ Douglas S. NormanDouglas S. NormanChief Financial Officer and Secretary
(Principal Financial Officer)
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20- 0 304 STATE OF MONTANA,

Plaintiff and Appellee, v. WILLIAM EDDIE MOODY,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including September 13 , 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 6 2021

08/06/2021

Case Number: DA 20-0304
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

**AS ADDED BY**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report on Form 10-K of Fidelity D & D Bancorp, Inc. (the “Company”) for the year ended December 31, 2004, as filed with the Securities and Exchange Commission (the “Report”), I, Salvatore R. DeFrancesco, Jr., Treasurer****and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as added by § 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.               To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for the period covered by the Report.

 

 
| Date:  | March 29, 2004 | By:    | /s/ Salvatore R. DeFrancesco, Jr.                 |   |
|--------|----------------|--------|---------------------------------------------------|--------|
|   |           |   | Salvatore R. DeFrancesco, Jr.                     |
|   |           |   |   Treasurer and Chief Financial Officer |

 

82

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No. 64942.

#### E. D. Magnus & Associates, Inc. *v.*United States,

protest 60/1095 (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of photoflash lamps the same in all material respects as those the subject of Abstract 64250, the claim of the plaintiff was sustained.
Before the Third Division,

November 16, 1960

No. 64894.

#### Schmidt, Pritchard & Co., Inc. *v.*United States,

protests 59/25962, 59/25963, and 59/25964 (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of beef similar in all material respects to that the subject of *United States*v. *J. H. Brown et al.*(46 C.C.P.A. 1, C.A.D. 686), the claim of the plaintiff was sustained.