CHRIS DANIEL

9 £ HARRIS COUNTS DISTRICT CLERK

9&OF"t$

March 27, 2015

K. E. MCCOY

ATTORNEY OF RECORD

PO BOX 53347

HOUSTON, TEXAS 77052

Defendant’s Name: HARVEY SMITH

Cause No: 1421605

Court: 176m DISTRICT COURT

Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 03/23/2015

Sentence Imposed Date: 03/23/2015

Court of Appeals Assignment: First Court of Appeals

Appeal Attorney of Record: K. E. MCCOY

Sincerely,

7sl N. Salinas

Criminal Post Trial Deputy

CC: Devon Anderson

District Attorney

Appellate Division

Harris County, Texas

JUDY FOX (DELIVERED VIA E-MAIL)

This is your notice to inform any and all substitute reporters in this cause.

1201 Franklin PO. Box 4651 Houston, Texas 77210-4651

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/7/2015 12:59:19 PM CHRISTOPHER A. PRINE Clerk
* 4

Cause No.

THE STATE OF TEXAS

V. y «T~KT A/K/A/

17(STUS- District Court / County Criminal Court at Law No.

Harris County', Texas

NOTICE OF APPEAL

(date), the defendant in the above numberjtyjÿicÿsylÿjjause gives

Deputy ' «

TO THE HONORABLE JUDGE OF SAID COURT:

•Ml

F APPEAI

On L5L

NOTICE o L of his conviction.

By. The undersigned attorney (check appropriate box):

pC. MOVES to withdraw.

ADVISES the court that he will CONTINUE to represent the defendant on appeal

Date Attorney (Signature) *

\)4 /ÿAffg-tyfey $/yy (

f?fr

Defendant (Printed name)

ocA£- lÿrAyyÿS

Attorney (Printed name) 1

0Q7S7Q 0>S

State Bar Number

Address f-Uo '7'7ÿ30—C&l3

Telephone Number,ÿ

pC.REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT

appellate counsel to represent him.

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.

The defendant (check all that apply):

r

tfThZvfrj 5M<Hrf

>efendanr(Signature) Defendant’s Printed name

2 3 7015

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy District Clerk of Harris County, Texas-;

C \Users\mmdy ochsner\Desktop\Notice of Appeal (2 pages-wout Affirmation) doc

1/09/08

Page I of?
ORDER

On'-- <; ' %'c the Court conducted a hearing and FINDS that defendant / appellant

IS NOT indigent at this time.

GFÿindigent for the purpose of

employing counsel

paying for a clerk’s and court reporter’s record.

U3employing counsel or paying for a clerk’s and court reporter’s record

The CountORDERS that

Counsel's motion to withdraw it EN1ED.

Defendant / appellant’s motion (to be found indigent) is DENIED.

cPÿDefÿdapPi/ appellant's motion is GRANTED and

(attorney’s name & bar card number)

is 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

Tp,SdNTlNUE

at $

_

as presently set.

DENIED and is SET at No BOND. (Felony Only)

,MAft DATE SIGNED: 9 A

3 TUDGE PRESIDING,ÿ/"

_DISTRICT£0URT /

COUNTY CRIMINAL COURT AT LAW NO

HARRIS COUNTY, TEXAS

C \Users\mmdy ochsner\Desktop\Notice of Appeal (2 pages-wout Affirmation) doc

1/09/08

Page 2 of 2
Cause No. /

THE STATE OF TEXAS IN THE/ÿÿÿPISTRICT COURT

V. COUNTY CRIMINAL COURT AT LAW NO.

M SÿviTÿr-, Defendant HARRIS COUNTY, TEXAS

TRIAL COURT’S CERTIFICATION OF DEFENDANT’S RIGHT OF APPEAL*

I, judge of the trial court, certify this criminal case:

|ÿ[ is not a plea-bargain case, and the defendant has the right of appeal, [or]

I I is a plea-bargain case, but matters were raised by written motion filed and

not withdrawn or waived, and the defendant has the right of appeal, [or]

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

right of appeal, [or] !

’

I I is a plea-bargain case, and the defendant has NO right of appeal, [or]

CD the defendant has waived the right of appeal.

lec#rund

Time:. "County. >o*°a "Harris

By. Deputy

/LA 3

Judge 7 Date Signed

I have received a copy of this certification. 1 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

Texas Rules of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of

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 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 pro se petition for discretionary review.

r

Defendanr Defendant's Counsel

Mailing Address: /V<A5<vco<U') (TiS-AHrÿi State Bar of Texas ni Law

Mailing Address: SBN: 00787665 SRN: 50787665

nr- 1 i . Houston, Texas 77230-0833 Telephone nunyjÿÿ 660.76,,6 Fox. (713) 66Q.0203

Fax number (if anvf-Mail: lhayne5i,®prodl9>, nel

Telephone number: (jtO

Fax number (if any):

* "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,

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)

case in
.

APPEAL CARD

6

The State of Texas

WirvlA/ÿ

V/5V/s Date Notice

Of Appeal:

Presentation: Vol. Pg-.

Judgment: Vol. Pg-.

Judge Presiding n/y

Court Reporter WcWvÿCtÿ

Court Reporter

_

rTkf More .Uayc<;

/TU5'

Court Reporter

Attorne

on Trial

Attorney

on Appeal

Appointed Hired

flobb-IQPart1iaÿ\ ytO

Yes No_

as lysTpc

Offens

Jury Trial:

Punishment

Assessed_

Companion Cases

(If Known)_

Amount

Appeal Bond

of b.nQ

Appellant

Confined: Yes No

Date Submitted

To Appeal Section _

DeputyCkfjA A U (lX2

°\°Y*