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

San Antonio, Texas

April 18, 2013

N o. 04

- 13

- 00236

- CR

Esain Orlando CARMONA

, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 386th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR4882

Honorable Laura Par ker, Judge Presiding



### ORDER

Pursuant to a plea bargain agreement, appellant pled nolo contendere to aggravated robbery. The trial court’s certification of defendant’s right to appeal states this “is a plea

- bargain case, and the defendant has NO right of appeal.” See T EX

. R. A PP

. P. 25.2(a)(2). After appellant filed his notice of appeal, the court clerk sent copies of the certification and notice of appeal to this court. See T EX

. R.

A PP

. P. 25.2(e).

Appellant filed two pro se notices of appeal, in whi ch he asserts a written pre

- trial motion to suppress was denied on June 27, 2012. The clerk’s record contains a written plea bargain agreement, and the punishment assessed did not exceed the punishment recommended by the State and agreed to by the appella nt. The clerk’s record also contains two motions to suppress, but does not contain any orders ruling on any pre

- trial motions.

“In a plea bargain case . . . a defendant may appeal only: (A) those matters that were raised by written motion filed and rul ed on before trial, or (B) after getting the trial court’s permission to appeal.” T EX

. R. A PP

. P . 25.2(a)(2). This court must dismiss an appeal “if a certification that shows the defendant has the right of appeal has not been made a part of the record.” T EX

. R. A PP

. P

. 25.2(d).

It is therefore ORDERED this appeal will be dismissed pursuant to Texas Rule of Appellate Procedure 25.2(d), unless an amended trial court certification that shows appellant has the right of appeal has been made part of the appel late record by May 17, 2013

. See Daniels v. State , 110 S.W.3d 174 (Tex. App.

C San Antonio 2003, order); T EX

. R. A PP

. P. 25.2(d); 37.1.

All other appellate deadlines are SUSPENDED pending our resolution of the certification

issue.

### _________________________________ Sandee Bryan Marion, Justice

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

court on this 18 th day of April, 2013

.

____________________________________ Keith E. Hottle

Clerk of Court
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS STATEMENT CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
BALANCE SHEET, STATEMENTS OF INCOME AND CASH FLOW, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<CIK> 0000077231
<NAME> PENNSYLVANIA ENTERPRISES, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                  239,422,000
<OTHER-PROPERTY-AND-INVEST>                  9,548,000
<TOTAL-CURRENT-ASSETS>                      82,297,000
<TOTAL-DEFERRED-CHARGES>                    35,543,000
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                             366,810,000
<COMMON>                                    48,040,000
<CAPITAL-SURPLUS-PAID-IN>                   20,391,000
<RETAINED-EARNINGS>                         49,220,000
<TOTAL-COMMON-STOCKHOLDERS-EQ>             117,651,000
<PREFERRED-MANDATORY>                          739,000
<PREFERRED>                                 18,851,000
<LONG-TERM-DEBT-NET>                        75,000,000
<SHORT-TERM-NOTES>                          10,000,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>               38,721,000
<PREFERRED-STOCK-CURRENT>                      115,000
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>             105,733,000
<TOT-CAPITALIZATION-AND-LIAB>              366,810,000
<GROSS-OPERATING-REVENUE>                  184,480,000
<INCOME-TAX-EXPENSE>                         5,800,000
<OTHER-OPERATING-EXPENSES>                 160,420,000
<TOTAL-OPERATING-EXPENSES>                 166,220,000
<OPERATING-INCOME-LOSS>                     18,260,000
<OTHER-INCOME-NET>                           1,726,000
<INCOME-BEFORE-INTEREST-EXPEN>              19,986,000
<TOTAL-INTEREST-EXPENSE>                    10,192,000
<NET-INCOME>                                 8,314,000
<PREFERRED-STOCK-DIVIDENDS>                  1,730,000
<EARNINGS-AVAILABLE-FOR-COMM>                6,584,000
<COMMON-STOCK-DIVIDENDS>                    11,174,000
<TOTAL-INTEREST-ON-BONDS>                    4,837,000
<CASH-FLOW-OPERATIONS>                    (52,983,000)
<EPS-PRIMARY>                                      .51
<EPS-DILUTED>                                      .51
        


</TABLE>
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41129 Conference Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JAIME SILVA

- MENDOZA , Defendant

- Appellant
Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 442

- 1

Before REAVLEY, ELROD, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jaime Silva

- Mendoza raises an argument that is foreclosed by United States v. Teran

- Salas , 767 F.3d 453, 458

- 62 (5th Cir. 2014), cert. denied , 135 S. Ct. 1892 (2015). In Teran

- Salas , we determined that the appellant was n ot entitled to relief based merely on the existence of a theoretical possibility that a defendant could be convicted under Texas Health & Safety Code § 481.112(a ) for conduct that would not qualify as

* Pursuant to 5 TH C IR

. R. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 20 , 2016 Lyle W. Cayce Clerk Case: 15-41129 Document: 00513472060 Page: 1 Date Filed: 04/20/2016No. 15

- 41129

2 a federal drug trafficking offense. See Teran

- Salas , 7 67 F.3d at 458

. Silva

Mendoza has not demonstrated “a realistic probability that Texas would prosecute under an ‘administering’ theory in a way that does not also constitute either ‘dispensing’ or ‘distributing’ under the federal sentencing guidelines.” See id. at 461

- 62. Silva

- Mendoza also raises an argument that is foreclosed by our holding in United States v. Martinez

- Lugo , 782 F.3d 198 (5th Cir.), cert. denied , 136 S. Ct. 533 (2015). In Martinez

- Lugo , 782 F.3d at 204

- 05, we held that an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a prior felony conviction of a drug trafficking offense is warranted regardless whether the conviction for the prior offense required proof of remuneration or commercial activity

. Accordingly, the Government’s unoppo sed motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. Case: 15-41129 Document: 00513472060 Page: 2 Date Filed: 04/20/2016
[Letterhead of KPMG Hungaria Kft.]

                       Report of the Independent Auditor
         to the Shareholders of Retail Chains Hungary Kereskedelmi Kft.

We have audited the balance sheet of Retail Chains Hungary Kereskedelmi Kft.
(the company) as at 31 December 1996 and 1995, and the consolidated balance
sheets of the company and its subsidiaries as at such dates, and the related
statements of income, shareholders' equity and cash flows for the years ended on
such dates (hereafter financial statements). These financial statements are the
responsibility of the Company's Board of Directors and its management. Our
responsibility is to express an opinion on these financial statements based on
our audit.

We conducted our audits in accordance with generally accepted auditing
standards, including standards prescribed by the Auditors' Regulations (Manner
of Auditor's Performance) 1973. Those standards require that we plan and perform
the audit to obtain reasonable assurance that the financial statements are free
of material misstatement, whether due to error or intentional misrepresentation.
An audit includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements. An audit also includes assessing
the accounting principles used and significant estimates made by the Board of
Directors and by management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable basis
for our opinion.

The above mentioned financial statements were prepared on the basis of the
historical cost convention, in historical values adjusted for the changes in the
general purchasing power of the Israeli currency, in accordance with opinions of
the Institute of Certified Public Accountants in Israel. Condensed data in
nominal historical values, on the basis of which the adjusted financial
statements were prepared, is presented in Note 21.

In our opinion, the above financial statements present fairly, in all material
respects, the financial position of the company and the consolidated financial
position of the company and its subsidiaries as at 31 December 1996 and 1995 and
the results of its operations, the changes in the shareholders' equity and its
cash flows for each of the years ended in such dates, in conformity with
generally accepted accounting principles.

Without qualifying our opinion, we draw your attention to note 19, post balance
sheet events, which discusses the decision made by the quotaholders to start a
liquidation process from 15 January 1997.

February 28, 1997

KPMG Hungaria Kft.

/s/ Michael Kevehazi

Michael Kevehazi
Partner
# C_2023258EN.01000301.xml

| 21.7.2023 | EN | Official Journal of the European Union | C 258/3 |
| --- | --- | --- | --- |

21.7.2023

EN

Official Journal of the European Union

C 258/3

---

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union

Cases where the Commission raises no objections

SA.108217

(Text with EEA relevance)

(2023/C 258/02)

| Date of adoption of the decision | 6.7.2023 |
| --- | --- |
| Aid number | SA.108217 |
| Member State | Malta |
| Region | Malta |
| Title (title and/or name of the beneficiary) | State aid measure to support undertakings involved in the maritime transport of persons and goods by high-speed craft between Malta and Sicily (Amendment to SA.104238, as amended by SA.104983) |
| Legal basis | Administrative measure adopted by the Ministry for Transport, Infrastructure and Capital Projects, based on Article 6(1)(b) of the Authority for Transport in Malta Act (CAP 499 of the Laws of Malta). |
| Type of measure | Scheme |
| Objective | Remedy for a serious disturbance in the economy, Coordination of transport |
| Form of aid | Direct grant |
| Budget | Overall budget: 4 000 000 EUR
  Annual budget: 2 000 000 EUR |
| Intensity | |
| Duration | Until 31.12.2023 |
| Economic sectors | Sea and coastal passenger water transport |
| Name and address of the granting authority | Ministry for Transport, Infrastructure and Capital Projects |
| ‘Casa Leoni’, St. Joseph High Street, St. Venera |

Date of adoption of the decision

6.7.2023

Aid number

SA.108217

Member State

Malta

Region

Malta

Title (title and/or name of the beneficiary)

State aid measure to support undertakings involved in the maritime transport of persons and goods by high-speed craft between Malta and Sicily (Amendment to SA.104238, as amended by SA.104983)

Legal basis

Administrative measure adopted by the Ministry for Transport, Infrastructure and Capital Projects, based on Article 6(1)(b) of the Authority for Transport in Malta Act (CAP 499 of the Laws of Malta).

Type of measure

Scheme

Objective

Remedy for a serious disturbance in the economy, Coordination of transport

Form of aid

Direct grant

Budget

Overall budget: 4 000 000 EUR

Annual budget: 2 000 000 EUR

Intensity

Duration

Until 31.12.2023

Economic sectors

Sea and coastal passenger water transport

Name and address of the granting authority

Ministry for Transport, Infrastructure and Capital Projects

‘Casa Leoni’, St. Joseph High Street, St. Venera

Other information

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

https://ec.europa.eu/competition/elojade/isef/index.cfm

---
##### 



EXHIBIT 32 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 In connection with the Quarterly Report on Form 10-Q for the three months ended
June 30, 2004 (the Report), by Xybernaut Corporation (the Registrant), the
undersigned hereby certifies that, to his knowledge:  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) 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 the Registrant. /s/ EDWARD G. NEWMANEdward G. NewmanChief Executive Officer andChairman of the Board of DirectorsAugust 6, 2004/s/ THOMAS D. DAVISThomas D. DavisSenior Vice President andChief Financial OfficerAugust 6, 2004/s/ STEVEN A. NEWMANSteven A. NewmanPresident, Chief Operating Officer andVice Chairman of the Board of DirectorsAugust 6, 2004
 A signed original of this written statement required by Section 906 has been provided to
Xybernaut Corporation and will be retained by Xybernaut Corporation, and furnished to the
Securities and Exchange Commission or its staff upon request.
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

In connection with the Quarterly Report of EP MedSystems, Inc. (the Company) on Form 10-Q for
the period ended June 30, 2007 as filed with the Securities and Exchange Commission (the Report), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 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) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                                                                      
|--------------------- |  |  |  | ---------------------------------------------------------------------
|                      |  | 
|Date: August 14, 2007 |  |  |  | /s/ James J. Caruso                                                  
|                      |  |  |  | James J. Caruso Chief Financial Officer (Principal Financial Officer)



26
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

In connection with Quarterly Report of Park Bancorp, Inc., (the Company) on Form 10-Q for the period ended June 30, 2010, as filed with
the Securities and Exchange Commission on August 16, 2010, (the Report), I, Victor E. Caputo, Treasurer and Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Victor E. CaputoVictor E. CaputoTreasurer and Chief Financial OfficerAugust 16, 2010




24
#### TAYLOR v. STATE.

No. 19356.

Court of Criminal Appeals of Texas.

Feb. 2, 1938.

*190H.L. Lewis, Jr., of Navasota, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

GRAVES, Judge.

Conviction for violating the Texas Liquor Control Act, Vernon’s Ann.P.C. arts. 666 — 1 et seq., 667 — 1 et seq., punishment being assessed at a fine of $150.

The record is before this court without a statement of facts or bills of exception. All matters of procedure appear regular.

No error appearing, the judgment will be affirmed.
Exhibit (23)
                                                                    ------------



                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent  public  accountants,  we hereby consent to the  incorporation by
reference of our report  dated  January 23,  2002,  included in Owens  Corning's
annual  report on Form 10-K for the year ended  December  31,  2001,  into Owens
Corning's previously filed Registration Statements,  File Nos. 33-9563, 33-9986,
33-9987, 33-18262,  33-20997,  33-27209, 33-31687, 33-48707, 33-57886, 33-60487,
333-09367,  333-24501,  333-48153,  333-47961,  333-76715, 333-76717, 333-76765,
333-40824 and 333-40818.



                                               /s/  ARTHUR ANDERSEN LLP



March 18, 2002.
Toledo, Ohio,
<TABLE> <S> <C>

<ARTICLE>           5
<MULTIPLIER>                    1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1995
<PERIOD-START>                              NOV-1-1994
<PERIOD-END>                               OCT-31-1995
<CASH>                                          33,662
<SECURITIES>                                         0
<RECEIVABLES>                                   64,338
<ALLOWANCES>                                      (986)
<INVENTORY>                                     36,709
<CURRENT-ASSETS>                               145,838
<PP&E>                                         271,010
<DEPRECIATION>                                 166,369
<TOTAL-ASSETS>                                 292,585
<CURRENT-LIABILITIES>                           66,837
<BONDS>                                         40,000
<COMMON>                                         9,389
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     168,769
<TOTAL-LIABILITY-AND-EQUITY>                   292,585
<SALES>                                        364,877
<TOTAL-REVENUES>                               374,906
<CGS>                                          229,512
<TOTAL-COSTS>                                  349,733
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,006
<INTEREST-EXPENSE>                               3,278
<INCOME-PRETAX>                                  8,114
<INCOME-TAX>                                     1,884
<INCOME-CONTINUING>                              6,230
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,230
<EPS-PRIMARY>                                     0.55
<EPS-DILUTED>                                     0.55
        

</TABLE>
# C_2022333EN.01001601.xml

| 1.9.2022 | EN | Official Journal of the European Union | C 333/16 |
| --- | --- | --- | --- |

1.9.2022

EN

Official Journal of the European Union

C 333/16

---

Prior notification of a concentration

(Case M.10612 – NIS / HIPP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2022/C 333/13)

1.

This notification concerns the following undertakings:

| — | Naftna Industrija Srbije a.d. Novi Sad (‘NIS’, Serbia), controlled by PJSC Gazprom (‘Gazprom’, Russia), |
| --- | --- |

—

Naftna Industrija Srbije a.d. Novi Sad (‘NIS’, Serbia), controlled by PJSC Gazprom (‘Gazprom’, Russia),

| — | HIP-Petrohemija LLC Pancevo (‘HIPP’, Serbia), controlled by the Republic of Serbia. |
| --- | --- |

—

HIP-Petrohemija LLC Pancevo (‘HIPP’, Serbia), controlled by the Republic of Serbia.

NIS will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of HIPP.

The concentration is accomplished by way of purchase of shares.

2.

| — | Gazprom is a Russian majority state-owned multinational energy corporation. NIS is a vertically integrated energy company active in research, production and refining of oil and natural gas, sales and distribution of a wide range of petroleum products, as well as the realisation of projects in the fields of petro-chemistry and energetics, |
| --- | --- |

—

Gazprom is a Russian majority state-owned multinational energy corporation. NIS is a vertically integrated energy company active in research, production and refining of oil and natural gas, sales and distribution of a wide range of petroleum products, as well as the realisation of projects in the fields of petro-chemistry and energetics,

| — | HIPP is a petrochemical company active in the production and distribution of products such as ethylene, polyethylene and synthetic rubber. |
| --- | --- |

—

HIPP is a petrochemical company active in the production and distribution of products such as ethylene, polyethylene and synthetic rubber.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.10612 – NIS / HIPP

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| European Commission |
| --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

1

(2)  OJ C 366, 14.12.2013, p. 5.

2

---