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

San Antonio, Texas

September 24, 2019

No. 04-19-00628-CR

Roy TIPPITT,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2018CR13262

Honorable Stephanie R. Boyd, Judge Presiding

ORDER

Roy Tippitt entered into a plea bargain with the State, pursuant to which he pled nolo 

contendere to the charged offense. The trial court imposed sentence in accordance with the 

agreement on June 3, 2019, and signed a certificate stating this “is a plea-bargain case, and the 

defendant has NO right of appeal” and “the defendant has waived the right of appeal.” See TEX.

R. APP. P. 25.2(a)(2). Tippitt did not file a motion for new trial. Therefore, a notice of appeal 

was due July 3, 2019, or the notice and a motion for extension of time to file, were due fifteen 

days later on July 18, 2019. TEX. R. APP. P. 26.2(a)(1), 26.3. The record does not contain a notice 

of appeal, but Tippitt filed an untimely motion for extension of time to file the notice of appeal

on September 11, 2019. 

The clerk’s record includes the trial court’s Rule 25.2(a)(2) certification and the written 

plea bargain agreement. See TEX. R. APP. P. 25.2(d). The record appears to support the trial 

court’s certification that Tippitt does not have a right to appeal and waived any right of appeal. 

See Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005) (holding that court of appeals should 

review clerk’s record to determine whether trial court’s certification is accurate). This court must 

dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been 

made part of the record.” TEX. R. APP. P. 25.2(d).

Tippitt is given notice that this appeal will be dismissed unless, by October 14, 2019, (1) 

he files a response establishing that a notice of appeal and a motion for extension of time to file a 

notice of appeal were timely filed and (2) an amended certification showing that Tippitt has the 

right to appeal is made part of the appellate record. See Olivo v. State, 918 S.W.2d 519, 522 
(Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of 

appeals’ jurisdiction); TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. 

App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 

(July 2, 2003, pet. ref’d) (not designated for publication). If appellant fails to satisfactorily 

respond within the time provided, the appeal will be dismissed. 

We order all appellate deadlines are suspended until further order of the court. We 

further order the clerk of this court to serve copies of this order on the attorneys of record and 

the court reporter.

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 24th day of September, 2019.

___________________________________

LUZ ESTRADA,

Chief Deputy Clerk
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations fr om the official paper ve rsion filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 STATE OF NEW MEXICO, 2 Plaintiff-Appellee, 3

v. NO. 34,013 4 DAVID MCBRIDE, 5 Defendant-Appellant. 6 APPEAL FROM THE DISTRICT COURT OF LUNA COUNTY 7 Daniel Viramontes, District Judge 8 Hector H. Balderas, Attorney General 9 Santa Fe, NM 10 for Appellee 11 Jorge A. Alvarado, Chief Public Defender 12 Kathleen T. Baldridge, Assistant Appellate Defender 13 Santa Fe, NM 14 for Appellant 15 MEMORANDUM OPINION 16 VANZI, Judge. 17 {1} Defendant David McBride appeals his c onvictions for robbery and conspiracy 18 to commit robbery. In our notice of proposed summary disposition, we proposed to 192 affirm. Defendant has filed a memora ndum in opposition, which we have duly 1 considered. Because we do not find Defendant ’s arguments persua sive, we affirm. 2 Sufficiency of the Evidence 3 {2} Defendant contends that th ere was insufficient evidence to support his 4 convictions. [DS 3-4] He claims that Victim’s identification of Defendant was 5 insufficient because Victim initially testifie d he could not identif y Defendant, and then 6 Victim was recalled to testify and identified Defendant as the third person who beat 7 and robbed him. [DS 2-3] In this Court’s notice of proposed summary disposition, we 8 proposed to hold that the evid ence was sufficient. We pointed out that, as an appellate 9 court, we will not second guess the jury’s credibility determinations, reweigh the 10 evidence, or substitute our judgment for that of the jury, as long as there is sufficient 11 evidence to support the jury’s verdict. State v. Garcia , 2011-NMSC-003, ¶ 5, 149 12 N.M. 185, 246 P.3d 1057. 13 {3} In Defendant’s memorandum in opposition, he continues to argue that Victim 14 was not credible. [MIO 5] However, he provides no authority that would permit this 15 Court to reweigh the evidence in the manner that he proposes. 16 {4} Accordingly, for the reasons stated here and in our notice, we hold that the 17 evidence was sufficient. 183 Ineffective Assistance of Counsel 1 {5} In his docketing statement, Defendant al so raised an ineffective assistance of 2 counsel claim because trial c ounsel failed to file a docketing statement. [DS 5] In his 3 memorandum in opposition, Defendant withdraws this claim. [MIO 6] 4 {6} Therefore, for the reasons stated here and in our notice of proposed summary 5 disposition, we affirm. 6 {7} IT IS SO ORDERED. 7

__________________________________ 8 LINDA M. VANZI, Judge 9 WE CONCUR: 10

_________________________________ 11 RODERICK T. KENNEDY, Judge 12

_________________________________ 13 TIMOTHY L. GARCIA, Judge 14
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RT01-67-000]

Take notice that on October 16, 2000, Florida Power & Light Company, Florida Power Corporation, and Tampa Electric Company (collectively, the Applicants), pursuant to Sections 203 and 205 of the Federal Power Act, jointly filed their Order No. 2000 compliance filing providing for the creation of a Regional Transmission Organization (RTO). In a Notice of Filng issued October 20, 2000, the date for interventions, comments, and protests with respect to that filing was established as November 20, 2000.

The Applicants have requested, to facilitate the continuing collaborative process, that interested parties be permitted additional  time to submit their comments on the portion of their Application for which an additional filing will be make on December 15, 2000.

Accordingly, any person desiring to be heard or to protest should file a motion to intervene, comments, or protests with the Federal Energy Regulatory Commission, 888 First Street, N.W., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions, comments and protests with respect to the matters for which Applicants have requested expedited treatment should be filed on or before November 20, 2000. All such motions, comments and protests with respect to the matters for which Applicants have not requested expedited treatment will be due within 30 days from the date Applicants make their additional filing implementing details of their RTO proposal. Beginning November 1, 2000, comments and protests may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http;//www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 00-27858 Filed 10-30-00; 8:45 am]

BILLING CODE 6717-01-M
<PAGE>   1
                                                                      EXHIBIT 24


                  Power of Attorney of Director and/or Officer

The undersigned director of Titan Motorcycle Co. of America, does hereby make,
constitute and appoint Frank S. Keery and Robert P. Lobban, and either of them,
the undersigned's true and lawful attorneys-in-fact, with power of substitution,
for the undersigned and in the undersigned's name, place and stead, to sign and
affix the undersigned's name as such director of said Corporation to an Annual
Report on Form 10-K or other applicable form, and all amendments thereto, to be
filed by said Corporation with the Securities and Exchange Commission,
Washington, D.C., under the Securities Act of 1934, as amended, with all
exhibits thereto and other supporting documents, granting unto said
attorneys-in-fact, and either of them, full power and authority to do and
perform any and all acts necessary or incidental to the performance and
execution of the powers herein expressly granted.

IN WITNESS WHEREOF, the undersigned has hereunto set the undersigned's hand this
___ day of March, 2000.



                                           /s/ Tony Turner
                                           ---------------------------------
                                           H.B. Tony Turner

                  Power of Attorney of Director and/or Officer

The undersigned director of Titan Motorcycle Co. of America, does hereby make,
constitute and appoint Frank S. Keery and Robert P. Lobban, and either of them,
the undersigned's true and lawful attorneys-in-fact, with power of substitution,
for the undersigned and in the undersigned's name, place and stead, to sign and
affix the undersigned's name as such director of said Corporation to an Annual
Report on Form 10-K or other applicable form, and all amendments thereto, to be
filed by said Corporation with the Securities and Exchange Commission,
Washington, D.C., under the Securities Act of 1934, as amended, with all
exhibits thereto and other supporting documents, granting unto said
attorneys-in-fact, and either of them, full power and authority to do and
perform any and all acts necessary or incidental to the performance and
execution of the powers herein expressly granted.

 IN WITNESS WHEREOF, the undersigned has hereunto set the undersigned's hand
this ___ day of March, 2000.


                                            -------------------------------
                                            Harry H. Birkenruth
[Federal Register Volume 65, Number 215 (Monday, November 6, 2000)]
[Notices]
[Page 66554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28314]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


Cape Cod National Seashore, South Wellfleet, MA; Cape Cod 
National Seashore Advisory Commission Two Hundred Thirty-First Meeting; 
Notice of Meeting

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act (Pub. L. 92-463, 86 Stat. 770 U.S.C. App 1, section 10), 
that a meeting of the Cape Cod National Seashore Advisory Commission 
will be held on Thursday, November 16, 2000.
    The Commission was reestablished pursuant to Public Law 87-126 as 
amended by Public Law 105-280. The purpose of the Commission is to 
consult with the Secretary of the Interior, or his designee, with 
respect to matters relating to the development of Cape Cod National 
Seashore, and with respect to carrying out the provisions of sections 4 
and 5 of the Act establishing the Seashore.
    The Commission members will meet at 1:00 p.m. at Headquarters, 
Marconi Station, Wellfleet, Massachusetts for the regular business 
meeting to discuss the following:

1. Adoption of Agenda
2. Approval of minutes of previous meeting (September 22, 2000)
3. Reports of Officers
4. Committee Reports
    Nickerson Committee--B. Boleyn
    ORV Subcommittee--E. Francis
5. Superintendent's Report
    Dune Shacks
    Penniman House
    USGS Water Study
    PWC Update
    Salt Pond Visitor Center
    ``Soundscape'' Director's Order
    Highlands Center
    News from Washington
6. Old Business
    Advisory Commission Handbook
7. New Business
8. Agenda for next meeting--January 5, 2001
9. Public comment and
10. Adjournment
    The meeting is open to the public. It is expected that 15 
persons will be able to attend the meeting in addition to Commission 
members.
    Interested persons may make oral/written presentations to the 
Commission during the business meeting or file written statements. 
Such requests should be made to the park superintendent at least 
seven days prior to the meeting. Further information concerning the 
meeting may be obtained from the Superintendent, Cape Cod National 
Seashore, 99 Marconi Site Road, Wellfleet, MA 02667.

    Dated: October 23, 2000.
Maria Burks,
Superintendent.
[FR Doc. 00-28314 Filed 11-3-00; 8:45 am]
BILLING CODE 4310-70-P
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of J.Crew Group, Inc. (the Company) on Form 10-K for the period ended January 31, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the Report), we, Millard S. Drexler, Chief Executive Officer of the Company, and James S. Scully, Chief Administrative Officer and Chief Financial 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 to the best of each of our knowledge:



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 23, 2009



|                                                                     
|---------------------------------------------------------------------
|/s/    MILLARD DREXLER                                               
|Millard Drexler Chief Executive Officer                              
|                                                                     
|/s/    JAMES SCULLY                                                  
|James Scully Chief Administrative Officer and Chief Financial Officer

The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and is not being filed as part of the Report or as a separate disclosure document.

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.
<PAGE>   1
                                                                   EXHIBIT 10.10


                     RESTATED INTERCOMPANY NOTE: MIDDLETOWN

$69,350,000                                                    February 22, 2000


                  FOR VALUE RECEIVED, MIDDLETOWN POWER LLC, a Delaware limited
liability company, (the "Borrower"), hereby promises to pay to the order of NRG
NORTHEAST GENERATING LLC, a Delaware limited liability company, its successors
and assigns (the "Lender"), on demand in lawful money of the United States in
immediately available funds, at the office of the Lender located at 1221
Nicollet Mall, Suite 700, Minneapolis, MN 55403, the principal sum of SIXTY-NINE
MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($69,350,000) or, if less, the
aggregate unpaid principal amount of the loan remaining outstanding hereunder.

                  The Borrower also promises to pay as interest on the unpaid
principal amount hereof semi-annually on June 15 and December 15 of each year,
beginning on June 15, 2000 in like money at said office from the date hereof
until paid, an amount equal to nine and two tenths percent (9.2%) (its
"Proportionate Share") of the interest due in respect of certain bonds issued by
the Issuer pursuant to an indenture entered into by the Issuer, certain
guarantors thereto and the Chase Manhattan Bank, as trustee, of even date
herewith.

                  The Borrower may voluntarily prepay this Note, in whole or in
part provided, however, the Borrower may not prepay more than its Proportionate
Share of the principal amounts set forth in Schedule A hereto before the date
specified on such schedule without the prior written consent of the Lender. The
Lender shall record all such prepayments of principal, and the principal sum due
under this Note shall be reduced accordingly.

                  The Borrower hereby waives presentment, demand, protest or
notice of any kind in connection with this Note. All amounts payable under this
Note are payable without relief from valuation and appraisement laws.


<PAGE>   2


                  This Restated Intercompany Note shall be construed in
accordance with and be governed by the law of the State of New York.

                                            MIDDLETOWN POWER LLC

                                            By:   /s/ Brian B. Bird
                                                  ------------------------------
                                                  Name:  Brian B. Bird
                                                  Title: Treasurer


                                        2
#### WEBB v. STATE.

No. 26355.

Court of Criminal Appeals of Texas.

April 8, 1953.

*573No attorney on appeal for appellant.

Wesley Dice, State’s Atty., of Austin, for the State.

MORRISON, Judge.

The offense is aggravated assault with a deadly weapon; the punishment, a fine of $225.

The record is before us without a statement of facts or bills of exception.

All the proceedings appearing regular and nothing being presented for our review, the judgment of the trial court is affirmed.
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60240 Conference Calendar

EDWARD CHARLES STATEUM, Plaintiff-Appellant,

versus STATE OF MISSISSIPPI, The State of Mississippi; THE SCHOOL DEPARTMENT IN LAMBERT, MISS. 38643; JOB CORPS DEPARTMENT IN GULFPORT, MISS. 39501; COAHOMA COUNTY SHERIFF DEPARTMENT; SOCIAL SECURITY DISABILITY SERVICE DISTRICT OFFICE, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 2:95CV145-B-B

- - - - - - - - - - June 26, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM: * Edward Charles Stateum appeals from the district court’s dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(d). Stateum’s appeal is without factual or legal basis and is thus frivolous. See Howard v. King , 707 F.2d 215,No. 96-60240 - 2 - 219-20 (5th Cir. 1983). Accordingly, his appeal is DISMISSED AS FRIVOLOUS. 5th Cir. R. 42.2. We caution Stateum that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Stateum is cautioned further to review any pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this court.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

TERRY A. MITCHELL, ) ) Appellant, ) ) v. ) Case No. 2D18-2836 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed September 11, 2019. Appeal from the Circuit Court for Hillsborough County; Nick Nazaretian, Judge. Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

KHOUZAM, C.J., and ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF TEXAS

MARIA DE FATIMA HERNANDEZ

NUNO

DE LA ROSA, et al.,

Plaintiffs,

v.

UNITED STATES CITIZENSHIP AND

IMMIGRATION SERVICES, et al.

Defendants.

Case No. 3:22-cv-00565-K

NOTICE OF VOLUNTARY DISMISSAL

PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i)

Since the filing of this lawsuit, Defendants have finally adjudicated the long-pending

applications of the Plaintiffs Maria De Fatima Hernandez Nuno De La Rosa and Gonzalo Munoz

Sanz. As such, the present lawsuit is now moot.

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs Maria De Fatima Hernandez Nuno

De La Rosa and Gonzalo Munoz Sanz hereby voluntarily dismiss the instant action with

prejudice. Each side to bear their own fees and costs.

/s/ James O. Hacking, III

James O. Hacking, III, MO Bar # 46728

Hacking Immigration Law, LLC

10900 Manchester Rd., Suite 203

St. Louis, MO 63122

Phone: 314.961-8200

Fax: 314.961.8201

Email: jim@hackingimmigrationlaw.com

ATTORNEYS FOR PLAINTIFF

Case 3:22-cv-00565-K Document 8 Filed 04/26/22 Page 1 of 2 PageID 49
CERTIFICATE OF SERVICE

I hereby certify that on April 26, 2022, the foregoing Notice of Voluntary Dismissal was

filed electronically with the Clerk of the Court to be served by operation of the Court’s electronic

filing system.

/s/ James. O. Hacking, III

James O. Hacking, III, MO Bar # 46728

Hacking Immigration Law, LLC

Case 3:22-cv-00565-K Document 8 Filed 04/26/22 Page 2 of 2 PageID 50