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### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-11-00090- CR

Jerr id Dam ond B runt, Appellan t

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F B ELL COUNTY , 27TH JUDICI AL DISTRICT NO. 658 29, TH E H ONO RAB LE JO E CARROLL, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N Appellant, J err id Damond Br unt, pled g uilty and judicially confe ssed to the offe nse of felony driving while intox icated, a third-deg ree felony
. See Tex. Penal Code Ann. §§ 49.04(a) , 1 49.09(b)( 2) (West 2011). He enter ed h i s plea open to the court without benef it of a plea barg ain ag ree ment as to punishment. After revie wing the pre-sentenc e investi g ation repor t, the trial court found Br unt g uilty and assessed his punishm en t at confine ment for ten y ear s in the Texas Depa rtment of Criminal J ustice. See Tex. P enal Code A nn. § 12.34 (West 2011). Br unt’s court-a

ppointed attorney has filed a motion to withdraw supported by a brief concluding that the appea l is frivolous and without merit. The brief meets t h e re q u i re ments of Anders v. Calif

ornia , 386 U.S. 738, 744 (1967), by prese nting a profe ssional evalua tion o f t he
rec ord demonstrating why there are no arg uable g rounds to be advanc ed. See also Penson v. Ohio , We note that Br

unt simult aneously pled g uilty to ag g rava ted assault with a deadly wea pon, 1 a first-deg ree felony as indicted, arising out of the same incident. Br unt is not appea ling that case .488 U. S
. 7 5 (1 9 88); High v. State , 573 S.W .2d 807 (Tex. Crim. App. 1978); Currie v. State ,

516 S.W .2d 684 (Tex. Crim. App. 1974); Jack son v. State , 485 S.W .2d 553 (Tex. Crim. App. 1972); Gainous v. State , 436 S.W .2d 137 (Tex. Crim. App. 1969).

Br unt rec eived a copy of counsel’s brief and was advised of his rig ht to examine the ap p el l ate rec ord and to file a pro se brief. See Anders , 386 U.S. at 744. No pro se bri ef o r o t h er written re sponse has be en filed.

We have revie wed the rec ord, including appellate counsel’s brief, and find no
reve rsible err or. See Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State , 178 S.W .3d 824, 826-27 (Tex. Crim. App. 2005). We ag ree with counsel that the appea l is frivolous. Counsel’s motion to wit hdrawis gr anted.

The judg ment of the trial c ourt is affir med.

__________________________________________ Melissa Goodwin, Jus tice Be fore J ustices Pury ear , Rose and Goodwin Affir med Filed: Nove mber 8, 2011 Do Not Publish

2
**EXHIBIT23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

Board of Directors and Shareholders Fulton Bancshares Corporation

 

We consent to the incorporation by reference in registration statements(Form SB-2 No. 33-85626) of Fulton Bancshares Corporation of our report datedMarch 2, 2005 (except for Notes 14 and 15, as to which the date is March 29,2005), appearing in the 2004 Annual Report to Shareholders incorporated byreference in this Form 10-K of Fulton Bancshares Corporation for the year endedDecember 31, 2004.

 
|   | */S/ SMITH ELLIOTT KEARNS & COMPANY, LLC* |   |
|--------|-----------------------------------------------|--------|

 

 

*Chambersburg, PA*

*March 29,2005*

 

----
Exhibit 32.3





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





I, Keith S. Franz, Chief Financial Officer, in connection with the Quarterly Report of CĪON Investment Corporation (the “Company”) on Form 10-Q for the quarter ended June 30, 2017, as filed with the Securities and Exchange Commission on the date hereof (the “Quarterly Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|   |                                                                                                                                            
|-- | -------------------------------------------------------------------------------------------------------------------------------------------
|1. | The Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: August 11, 2017





/s/ Keith S. Franz


Keith S. Franz


Chief Financial Officer


(Principal Financial and Accounting Officer)


CĪON Investment Corporation
Exhibit


Exhibit 10.63


TESORO CORPORATION
DESCRIPTION OF 2016 INCENTIVE COMPENSATION PROGRAM


On January 28, 2016, the Compensation Committee approved the terms of the 2016 Incentive Compensation Program (the “2016 ICP” or the “2016 Program”). In addition, the Compensation Committee approved the target payouts for our Chief Executive Officer other named executive officers. The 2016 Program consists of two components: Corporate and Business Unit performance, which are outlined below. The performance results of Tesoro Corporation (the “Company”) and the individual business units may be adjusted to take into account unbudgeted business decisions, unusual or non-recurring items, and other factors, as approved by the Compensation Committee, to determine the total amount, if any, available under the 2016 ICP. The Compensation Committee also has discretion to adjust individual awards based on their assessment of an individual executive’s performance relative to successful achievement of goals, business plan execution, and other leadership attributes.


Component 1 - Corporate Performance - measured against target with the range of outcomes between 0% and 200%. Corporate performance metrics include the following:
		
	•
	Achievement of earnings before interest, taxes, depreciation and amortization (“EBITDA”) measured on a margin neutral basis (this is the most heavily weighted metric, constituting 50% of the bonus opportunity for the corporate performance component)




		
	•
	Safety - Targeted improvement in recordable incidents (this metric constitutes 5% of the bonus opportunity for the corporate performance component)




		
	•
	Process Safety Management - Targeted improvement in the number of process safety incidents (this metric constitutes 5% of the bonus opportunity for the corporate performance component)




		
	•
	Environmental - Targeted improvement in the number of environmental incidents (this metric constitutes 5% of the bonus opportunity for the corporate performance component)




		
	•
	Cost Management - Measurement of non-capital cash expenditure versus budget (this metric constitutes 17.5% of the bonus opportunity for the corporate performance component)




		
	•
	Business Improvement - Targeted improvements from capital improvement initiatives, synergies related to asset acquisitions and other projects and initiatives (this metric constitutes 17.5% of the bonus opportunity for the corporate performance component)




Component 2 - Business Unit Performance - measured against target with the range of outcomes between 0% to 200%. Business Unit performance is measured through balanced scorecards with performance metrics including, but not limited to:
		
	•
	Safety and Environmental




		
	•
	Cost Management




		
	•
	Improvements in EBITDA




		
	•
	Business improvements and value creation initiatives
#### The State *of*Ohio, Appellee, *v.*Altomare et al., Appellants.

(No. 30781

Decided November 13, 1946.)

*220
      *Mr. Frank W. Springer,*prosecuting attorney, and *Mr. James L. MacDonald,*for appellee.

*Mr. W. Edmund Peters,*for appellants.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Zimmerman, Williams, Turner, Matthias and Hart, JJ., concur.

Bell, J., not participating.
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## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 2 1 7 0

_____________________________
J EREMY J ERMAINE B ROOKS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Cou rt for Duval County

. Waddell A. Wallace , Judge

. January 22, 2019

P ER C URIAM

.
A FFIRMED

. W ETHERELL , R OWE , and W INOKUR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Andy Thomas, Public Defender, and Greg Caracci
, Assistant Public Defender, Tallahassee, for Appellant.2 Ashley B

. Moody , Attorney General, and Sharon Traxler
, Assistant Attorney General, Tallahassee, for Appellee.
EXHIBIT 31**CERTIFICATION**I, Remo Reale, certify that:1. I have reviewed this amendment on Form 10-K/A to the annual report on Form 10-K of BP Prudhoe Bay Royalty Trust, for whichThe Bank of New York acts as Trustee; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, cash earningsand distributions and changes in the Trust corpus of the registrant as of, and for, theperiods presented in this report; 4. I am responsible for establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:     (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under my supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report my conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and     (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the registrant’s auditors:     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and
 

 
     (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date:March 11, 2008                                                       /s/ Remo Reale   Remo Reale   Vice PresidentThe Bank of New York
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM S3
INCORPORATED CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME FOR
THE PERIOD ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> 0

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                          94,616
<SECURITIES>                                    62,768
<RECEIVABLES>                                   78,768
<ALLOWANCES>                                     2,648
<INVENTORY>                                     53,466
<CURRENT-ASSETS>                               321,339
<PP&E>                                          55,187
<DEPRECIATION>                                  21,140
<TOTAL-ASSETS>                                 480,462
<CURRENT-LIABILITIES>                           89,010
<BONDS>                                        103,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       169,411
<OTHER-SE>                                      97,689
<TOTAL-LIABILITY-AND-EQUITY>                   480,462
<SALES>                                        465,378
<TOTAL-REVENUES>                               465,378
<CGS>                                          281,013
<TOTAL-COSTS>                                  281,013
<OTHER-EXPENSES>                               112,182
<LOSS-PROVISION>                                 1,522
<INTEREST-EXPENSE>                               1,971
<INCOME-PRETAX>                                 74,412
<INCOME-TAX>                                    26,045
<INCOME-CONTINUING>                             48,367
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    48,367
<EPS-PRIMARY>                                     0.95
<EPS-DILUTED>                                     0.94


</TABLE>
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