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State of Texas Vs.

Appellate Docket Number:

Appellate Case Style: Style: Everett Burton

Companion Case:

Amended/corrected statement:

DOCKETING STATEMENT (Criminal)

Appellate Court: 5th Court of Appeals

(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

 I. Appellant II. Appellant Attorney(s)

Appellant Incarcerated? Yes No

Suffix:

Last Name: Burton

Middle Name:

First Name: Everett

Amount of Bond:

Pro Se:

Lead Attorney

Last Name: Hendrickson

SBN: 24081423

Email: nanette.hendrickson@dallascounty.org

Fax: (214) 875-236

Telephone: (214) 653-3582 ext. 2,361

State: Texas Zip+4: 75207

City: Dallas

Address 2:

Address 1: 133 North Riverfront Boulevard, Lock Box 2

Firm Name: Dallas County Public Defender's Office

Appointed Retained District Attorney Public Defender

Suffix:

Middle Name: Rene

First Name: Nanette

Add Another Appellant/

Attorney

05-15-01511-CR

ACCEPTED

05-15-01511-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

12/11/2015 2:04:07 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 12/11/2015 2:04:07 PM LISA MATZ Clerk
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 I. Appellant II. Appellant Attorney(s)

Appellant Incarcerated? Yes No

Suffix:

Last Name: Burton

Middle Name:

First Name: Everett

Amount of Bond:

Pro Se:

Lead Attorney

Last Name: Wev

SBN: 24084591

Email: elissa.wev@dallascounty.org

Fax: 214-

Telephone: 214-653-3565 ext.

State: Texas Zip+4: 75207

City: Dallas

Address 2:

Address 1: 133 North Riverfront Boulevard, Lock Box 2

Firm Name: Dallas County Public Defender's Office

Appointed Retained District Attorney Public Defender

Suffix:

Middle Name:

First Name: Elissa 

Add Another Appellant/

Attorney
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 III. Appellee

Pro Se:

Amount of Bond:

Yes No

Appointed Retained District Attorney Public Defender

Appellee Incarcerated?

Suffix:

Last Name:

Middle Name:

First Name: State of Texas

Add Another Appellee/

Attorney

Suffix:

Last Name: Hawk

Middle Name:

First Name: Susan

Lead Attorney

 IV. Appellee Attorney(s)

SBN: 00794284

Email: DCDAAppeals@dallascounty.org

Fax: (214) 653-3643

Telephone: (214) 653-3625 ext.

State: Texas Zip+4: 75207

City: Dallas

Address 2: 133 North Riverfront Boulevard, Lock Box 19

Address 1:

Firm Name: Dallas County District Attorney's Office

 V. Perfection Of Appeal, Judgment And Sentencing

Nature of Case (Subject matter 

or type of case):

 Does the appeal involve the constitutionality or the validity of a 

 statute, rule or ordinance?

Date notice of appeal filed in trial court: November 19, 2015

Was the trial by:

 If mailed to the trial court clerk, also give the date mailed :

 Is the appeal from a pre-trial order?

Punishment assessed: 9 days County Jail

Yes No

Yes No

jury or non-jury?

Type of Judgment: Jury Trial

Date trial court imposed or suspended sentence in open court or date 

trial court entered appealable order: October 29, 2015

Offense charged: Possession of Controlled Substance w/intent 

Date of offense: November 20, 2013

Defendant's plea: Not Guilty

If guilty, does defendant have the trial court's certificate to appeal?

Yes No

Public Order/Decency

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial:

Motion in Arrest of Judgment:

Other: Yes No

If other, please specify: 

Yes No

Yes No

If yes, date filed:

If yes, date filed:

If yes, date filed:

Yes No NA If yes, date filed:

VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)

Motion and affidavit filed:

Date of hearing: NA

Date of order: November 23, 2015 NA

Ruling on motion: Granted Denied NA If granted or denied, date of ruling:
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 VIII. Trial Court And Record

Trial Court Docket Number (Cause no): MB14-75028

County: Dallas

Court: Criminal County Court No. 7

Middle Name:

Suffix:

Last Name: Crowder

First Name: Elizabeth

Trial Court Judge (who tried or disposed of the case):

Address 1: 133 N. Riverfront Blvd., 4th floor

Address 2: 

City: Dallas

Email: svahala@dallascounty.org

Fax:

Telephone: (214) 653-5660 ext.

State: Texas Zip + 4: 75207

Clerk's Record:

Trial Court Clerk:

Yes No

Yes No

District County

Was clerk's record requested?

If yes, date requested: Dec 11, 2015

If no, date it will be requested:

Were payment arrangements made with clerk?

Yes No

Were payment arrangements made with the court reporter/court recorder? Yes No

Was the reporter's record electronically recorded? Yes No

Is there a reporter's record? Yes No

Reporter's or Recorder's Record:

Was reporter's record requested?

If yes, date requested: Dec 11, 2015

Email: trashuna.salaam@dallascounty.org

Fax:

Address 1: 133 N. Riverfront Blvd., LB54

Address 2:

City: Dallas

State: Texas Zip + 4: 75207

Telephone: (214) 653-5666 ext.

 Official Substitute

 Court Reporter Court Recorder

Suffix:

Last Name: Salaam

Middle Name:

First Name: Trashuna
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 1X. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number: Court:

Style:

Vs. State of Texas

 X. Signature

Signature of counsel (or Pro Se Party)

State Bar No: 24081423

Printed Name:

Date: December 11, 2015

Electronic Signature: Nanette Rene Hendrickson Name: Nanette Rene Hendrickson

(Optional)

 XI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's 

order or judgment as follows on .

State Bar No.: 24081423

Signature of counsel (or pro se party)

December 11, 2015

Electronic Signature: Nanette Rene Hendrickson

(Optional)

Person Served:

 (1) the date and manner of service; 

 (2) the name and address of each person served, and 

 (3) if the person served is a party's attorney, the name of the party represented by that attorney 

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must 

state:
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Address 2:

Email: DCDAAppeals@dallascounty.org

State Texas Zip+4: 75207

City: Dallas

Address 1: 133 North Riverfront Boulevard, Lock Box 19

Law Firm Name: Dallas County District Attorney's Office

Suffix:

Last Name: Hawk

Middle Name:

First Name: Susan

Manner Served: Regular Mail

Date Served: December 11, 2015

Please enter the following for each person served:
Cause No. fY1 /t / l {..r- 7'7 6J fS1 

,_ 

..... . , 

THE STATE OF TEXAS 

vs 

§ 

§ 

§ 

IN THE COUNTY CRIMINAL "~<-.. 

~ve<et-r 15uffon 

COURT NUMBER 

DALLAS COUNTY, TE 

/ .::-

~ '-'Oc;-

, 

TRIAL COURT'S CERTIFICATION OF DEFENDANT'~ilt~!i* J, Judge of the trial court, certify this criminal case: ' ·,,, -r4j ,> 

i' is not a plea-bargain case, and the defendant has the right of appeal, [or] "

0

¢'..o&;-r 

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] 

o is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has 

the right of appeal, LorJ 

O is a plea-bargain case, and the defendant has NO right of appeal, forl 

o the defendant has waived the right of appeal, [or] 

O other (please specify): ----------- - -----------

~;tdla~) Judg~ /O-JC/-Jot) 

Date Signed 

I have received a copy of this certification. I have also been informed of my rights concerning any appeal of this 

criminal case, inc1uding any right to file a prose 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' 

judgment and opinion to my last known address and that I have only 30 days in which lo tile 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 appe1late deadlines, if J fail to timely inform my appellate attorney of any change in my address, I may 

lose the opportunity to tile a pro se petition for discretionary review. 

C8Lan~ lfwnd ~=Dc =f.cn =-a-nt-'s_C_o_ns-e-1 - - ------

Mailing Address: (It/ j , w6tc~1ic:M TI:' 7gf)to Sta~e- Bar No.: ~C(O?fl/f</ I 

L1 """Jrr:? a"Z..1_

0 Ma1hng Address: 

Telephone #: :(I, , r>e.v ~ - 1 vlJJ ~< 

Fax# (if any): Telephone#: 

Fax# (if any): 

* A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of 

Lhe defendant's right to appeal in every case in which it enters a judgment of guilt or other appeal able order. In a plea 

bargain case- --- that is, a case in which a de fendant'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 wri tte n motion filed and ruled on before trial, or (B) after getting the trial 

court's permission to appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2). 
Cause No. MB14-75028 

EVERETT BURTON 

Appellant 

THE ST ATE OF TEXAS 

Appellee 

) 

) 

) 

) 

) 

) 

) 

IN THE COUNTY 

CRIMINAL COURT 

DALLAS COUNTY, TEXAS 

NOTICE OF APPEAL 

Comes now, EVERETT BURTON, the Defendant in this Cause, having 

been convicted on Octqber 29th, 2015 of Abuse of a Corpse, after a jury trial on the merits 

and having been sentenced to 9 days confinement and a $0 fine hereby gives notice of appeal. 

SIGNED IBIS /C?-t%ay of A)O~UJer , 2015. I 

ELISSA M. WEV 

Assistant Public Defender 

133 N . Riverfront Blvd., LB2 

Dallas, TX 75207 

(214) 653 - 3565 

State Bar No. 24084591 

ATTORNEY FOR DEFENDANT