alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION N o. 04

- 23

- 00882

- CR Wesley HENDERSON , Appellant

v. The STATE of Texas, Appellee From the 175th Judicial District Court , Bexar County, Texas Trial Court No. 2021CR4006 Honorable Kevin M. O ’ Connell , Judge Presiding PER CURIAM Sitting: Irene Rios , Justice Beth Watkins , Justice Liza A. Rodriguez , Justice Delivered and Filed: December 13, 2023 DI SMISSED FOR LACK OF JURISDICTION A timely notice of appeal is necessary to invoke the jurisdiction of a court of appeals. Taylor v. State , 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if filed within thirty days af ter the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial.” Id. (citing T EX . R. A PP . P. 26.2(a)). The trial court imposed sentence in the underlying cause on June 30, 2023. B ecause appellant timely filed a motion for new trial, the notice of appeal was due to be filed on04

- 23

- 00882

- CR

- 2

- September 28, 2023. T EX . R. A PP . P. 26.2(a)( 2 ). A motion for extension of time to file the notice of appeal was due on October 13, 2023. T EX . R. A PP . P. 26 .3. Appellant filed his notice of appeal on October 3, 2023, but did not file a motion for extension of time to file the notice of appeal. “When a notice of appeal is filed within the fifteen

- day period [after the notice of appeal is due] but no timely m otion for extension of time is filed, the appellate court lacks jurisdiction.” Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). On October 24, 2023, we ordered appellant to show cause why th is appeal should not be dismissed for lack of jurisdic tion. In his response, appellant concedes the notice of appeal is untimel y; however, appellant requests we grant him leave to file an out

- of

- time notice of appeal. We do not have jurisdiction to grant leave to file an out

- of

- time appeal. See Constancio v. State , No. 04

- 00

- 00248

- CR, 2000 WL 1154629, at *1 (Tex. App.

— San Antonio Aug. 16, 2000, no pet.) (mem. op., not designated for publication)

. “The appellant in a criminal case may pur sue an out
of

- time appeal by filing a writ of habeas corpus with the Court of Criminal Appeals.” Id. ; see also Charles v. State , 809 S.W.2d 574, 576 (Tex. App.

— San Antonio 1991, no writ) (“Under the circumstances of this case, the appropriate procedure wo uld be a post

- conviction writ of habeas corpus seeking an out

- of

- time appeal.”). Accordingly, appellant’s motion for leave to file an out

of

- time appeal is denied and we dismiss th is appeal for lack of jurisdiction.
PER CURIAM Do not publish
II

105TH CONGRESS

2D SESSION S. 1991

To require the Secretary of Transportation to issue regulations to provide

for improvements in the conspicuity of rail cars of rail carriers.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1998

Mr. JOHNSON introduced the following bill; which was read twice and referred

to the Committee on Commerce, Science, and Transportation

A BILL

To require the Secretary of Transportation to issue regulations to provide for improvements in the conspicuity of

rail cars of rail carriers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. IMPROVED CONSPICUITY OF RAIL CARS.

4 (a) IN GENERAL.—Section 20132 of title 49, United

5 States Code, is amended—

6 (1) by striking the heading and inserting the

7 following:

8 ‘‘§ 20132. Visible markers for train cars’’;

9 and

10 (2) by adding at the end the following:
2

•S 1991 IS

1 ‘‘(c) IMPROVED CONSPICUITY.—Not later than 180

2 days after the date of enactment of this subsection, the

3 Secretary of Transportation shall—

4 ‘‘(1) develop and implement a plan to ensure

5 that the requirements of this section are met; and

6 ‘‘(2) issue regulations that require that, not

7 later than 2 years after the date of issuance of the

8 regulations, all cars of freight, passenger, or com9 muter trains be equipped, and, if necessary, retro10 fitted, with at least 1 highly visible marker (includ11 ing reflective tape or appropriate lighting).’’.

12 (b) CONFORMING AMENDMENT.—The analysis for

13 chapter 201 of title 49, United States Code, is amended

14 by striking the item relating to section 20132 and insert15 ing the following:

‘‘20132. Visible markers for train cars.’’.

Æ
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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 Fisher
Communications, Inc. (the Company) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Hassan Natha, Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 10, 2011



/s/ Hassan N. NathaHassan N. NathaVice President andChief Financial Officer
#### The People of the State of New York, Respondent, v Lawrence Bilello, Sr., and Eugene Hecht, Appellants.

The defendant Hecht’s contention that the court erred is permitting the People to introduce rebuttal testimony is without merit. Pursuant to CPL 260.30 (7), it is within a trial court’s discretion to admit evidence in rebuttal.

We also find unpersuasive the defendant Bilello’s claim that the court should not have permitted the People’s witnesses to testify regarding the hearsay statements of his codefendant. "[T]he declarations of one coconspirator made in the course of and furtherance of a conspiracy are admissible against all other coconspirators as an exception to the general rule against hearsay” *(People v Sanders,*56 NY2d 51, 62).

Equally without merit is the defendant Bilello’s argument that the court should not have quashed his subpoena for the FBI agent and, having done so, should have given the re*666quested missing witness charge. Bilello refused to comply with the regulations governing the subpoena of Federal officials, and did not set forth his reasons for calling the witness. Under these circumstances, the court’s rulings were correct. The defendants’ remaining objections directed to the court’s charge to the jury are unpreserved and, in any event, are without merit.

Nor was there reversible error in the Trial Judge’s unobjected-to remark to the jury at the conclusion of the charge that "I think when you go in that jury room to deliberate that hopefully you might have a verdict this afternoon”. The fact that the jury continued its deliberations overnight demonstrates how little effect this allegedly coercive statement had upon it.

The defendant Hecht’s claim that the verdict as to him was repugnant is similarly without merit. The jury did not, when it acquitted Hecht of the first three counts of the indictment, of necessity, find that he did not commit an essential element of the fourth count, of which he was found guilty *(see, e.g., People v Tucker,*55 NY2d 1).

The court properly exercised its sentencing discretion when it denied the defendant Hecht the right to purchase or sell used cars for a one-year period. In imposing a conditional discharge, the court may impose such conditions as it "deems reasonably necessary to insure that a defendant will lead a law-abiding life or to assist him to do so” (Penal Law § 65.10 [1]) and may require that a defendant "[wjork faithfully at a suitable employment” (Penal Law § 65.10 [2] [c]).

The court did, however, abuse its discretion when it based the amount of the defendant Bilello’s fine upon the estimated cost of the trial. Such a factor is not a legitimate sentencing factor.

The defendants’ remaining contentions are without merit. Thompson, J. P., Bracken, Fiber and Spatt, JJ., concur.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          26,785
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     68,223
<INVESTMENTS-CARRYING>                          27,031
<INVESTMENTS-MARKET>                            26,869
<LOANS>                                        760,132
<ALLOWANCE>                                     11,034
<TOTAL-ASSETS>                                 901,555
<DEPOSITS>                                     736,398
<SHORT-TERM>                                    55,500
<LIABILITIES-OTHER>                              7,021
<LONG-TERM>                                      6,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        53,635
<OTHER-SE>                                      43,001
<TOTAL-LIABILITIES-AND-EQUITY>                 901,555
<INTEREST-LOAN>                                 55,874
<INTEREST-INVEST>                                5,863
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                61,737
<INTEREST-DEPOSIT>                              29,302
<INTEREST-EXPENSE>                              31,452
<INTEREST-INCOME-NET>                           30,285
<LOAN-LOSSES>                                    1,900
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 13,886
<INCOME-PRETAX>                                 15,419
<INCOME-PRE-EXTRAORDINARY>                       9,108
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,108
<EPS-PRIMARY>                                     1.15
<EPS-DILUTED>                                     1.15
<YIELD-ACTUAL>                                   10.04
<LOANS-NON>                                      7,276
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                 1,389
<LOANS-PROBLEM>                                 10,346
<ALLOWANCE-OPEN>                                10,885
<CHARGE-OFFS>                                    1,855
<RECOVERIES>                                       104
<ALLOWANCE-CLOSE>                               11,034
<ALLOWANCE-DOMESTIC>                            11,034
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          4,913
        

</TABLE>
Exhibit








EXHIBIT 10.5




Taylor Morrison, Inc.




C. David Cone 
EMAIL DELIVERY
 
April 8, 2020




Dear Dave,


This letter (this “Agreement”) reflects the agreement between you and Taylor Morrison, Inc. (the “Company”) regarding your offer to temporarily reduce your gross annual base salary from $550,000 per annum to $412,500 per annum in recognition of the unusual circumstances expected to continue to impact the Company’s operations as a result of the COVID-19 pandemic. You acknowledge and agree that the reduction will apply beginning April 8, 2020 (and will be reflected in your April 10, 2020 paycheck), and the suspension of the payment of the amounts so reduced will continue through the duration of substantial social distancing/economic shut down restrictions, as such date is determined by the Company (the “Salary Suspension End Date”); provided, that if such restrictions continue beyond June 30, 2020, the Compensation Committee of Taylor Morrison Home Corporation will revisit compensation determinations with respect to your base salary.  


The Company agrees to reinstate your current gross annual base salary in effect on the date immediately preceding April 8, 2020, effective as of the Salary Suspension End Date.  In addition, the Company will compensate you in an amount equal to the compensation you gave up as a result of the temporary reduction in your annual gross salary from April 8, 2020, through the Salary Suspension End Date; provided that such payment will be made on or before December 31, 2020.  


You hereby acknowledge and agree that this reduction in your gross annual base salary will not constitute Good Reason for purposes of your Amended and Restated Employment Agreement with the Company, dated as of June 15, 2018 (the “Employment Agreement”).  The reduction in your annual base salary will be disregarded for purposes of any severance benefits that may become payable to you under the Employment Agreement.  You represent that your decision to enter into this Agreement is completely 









voluntary. Except as modified by this Agreement, the Employment Agreement will remain in full force and effect.


Thank you for your service to Taylor Morrison Home Corporation and the Company in these challenging times. Please indicate your acceptance of the terms of this letter by signing below and returning a copy to me.


Very truly yours,


Taylor Morrison, Inc.
	
				
	By: /s/ Darrell C. Sherman
	 
	 
	 

	Darrell Sherman
	 
	 
	 

	Executive Vice President, Chief Legal Officer


	 
	 
	 












Acknowledged and Agreed to:
	
		
	By: /s/ C. David Cone
	 

	C. David Cone
	 












2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,181
<SECURITIES>                                         0
<RECEIVABLES>                                    1,955
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  47,520
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            86
<OTHER-SE>                                       6,904
<TOTAL-LIABILITY-AND-EQUITY>                    47,520
<SALES>                                          9,568
<TOTAL-REVENUES>                                11,560
<CGS>                                            8,912
<TOTAL-COSTS>                                   12,278
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (718)
<INCOME-TAX>                                     (254)
<INCOME-CONTINUING>                              (464)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (464)
<EPS-PRIMARY>                                   (0.23)
<EPS-DILUTED>                                   (0.23)     
        

</TABLE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1974 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1974

To amend the Internal Revenue Code of 1986 to exclude from gross income 
  any Alaska Permanent Fund dividend received by a child under age 14.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1998

 Mr. Murkowski (for himself and Mr. Stevens) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to exclude from gross income 
  any Alaska Permanent Fund dividend received by a child under age 14.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCOME TAX EXCLUSION FOR ALASKA PERMANENT FUND DIVIDENDS 
              RECEIVED BY CHILDREN UNDER AGE 14.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by redesignating section 138 as section 
139 and by inserting after section 137 the following new section:

``SEC. 138. ALASKA PERMANENT DIVIDENDS TO CHILDREN UNDER AGE 14.

    ``Gross income shall not include any Alaska Permanent Fund dividend 
received by an individual during a taxable year if the individual has 
not attained age 14 before the close of the taxable year.''
    (b) Conforming Amendments.--
            (1) Section 1(g)(7)(A)(i) of the Internal Revenue Code of 
        1986 is amended by striking ``(including Alaska permanent fund 
        dividends)''.
            (2) The table of sections for part III of subchapter B of 
        chapter 1 of such Code is amended by striking the item relating 
        to section 138 and inserting:

                              ``Sec. 138. Alaska Permanent Fund 
                                        dividends to children under age 
                                        14.
                              ``Sec. 139. Cross references to other 
                                        Acts.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1997.
                                 <all>
```
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
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