alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-18-00250-CR 

ANTHONY ACOSTA, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 137th District Court 

Lubbock County, Texas 

Trial Court No. 2015-405,359, Honorable Bradley S. Underwood, Presiding 

 

February 28, 2019 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and PARKER, JJ. 

Appellant, Anthony Acosta, appeals his conviction for failure to stop and render 

aid. Through a single issue, he contends that the State violated his right to a fair 

punishment hearing by 1) injecting new facts into evidence, 2) suggesting that the 

maximum sentence was the only appropriate sentence, and 3) suggesting that the jury 

disregard the court’s instructions regarding probation. No objections were made below 

by appellant to the arguments in question. We affirm.

Appellant points out that “[w]hile the improper arguments were not objected to by
2

defense counsel, for reasons set forth below, [appellant] would request this Court to find 

that the error was of such a nature as to dispense with the need for objection because

the State’s improper arguments were so harmful and frequent that they deprived 

[appellant] of his fundamental right to a fair punishment phase of trial.

However, rights are usually forfeited by a failure to exercise them. Marin v. State, 

851 S.W.2d 275, 278 (Tex. Crim. App. 1993). Failure to insist upon a right "by objection, 

request, motion, or some other behavior calculated to exercise the right in a manner 

comprehensible" to the trial judge results in the loss of the claim. Id. at 279. The trial 

judge "has no duty to enforce forfeitable rights unless requested to do so.” Id.

“Accordingly, an important consequence of a party's failure to petition enforcement of his 

forfeitable rights in the trial court is that no error attends failure to enforce them and none 

is presented for review on appeal." Id. at 279-80.

Furthermore, ‘”[t]he right to a trial untainted by improper jury argument is 

forfeitable,” even if the argument is purportedly egregious. Hernandez v. State, 538 

S.W.3d 619, 622-23 (Tex. Crim. App. 2018) (citing Cockrell v. State, 933 S.W.2d 73, 89 

(Tex. Crim. App 1996)). “Erroneous jury argument must be preserved by objection 

pursued to an adverse ruling; otherwise, any error from it is waived.” Id. at 623. Because 

we must abide by precedent from our Court of Criminal Appeals and that court requires

preservation of complaints regarding improper jury argument, appellant waived the 

complaints at bar due to the lack of preservation. 

Accordingly, we affirm the judgment of the trial court.

Brian Quinn

Chief Justice

Do not publish.
Schedule of Severance Agreements



 EXHIBIT 10(a)(5) 
 SCHEDULE OF SEVERANCE AGREEMENTS 
  

			
	 OFFICER
	  	  
	 Patrick D. Henneberry
	  	
	 Louis T. Bolognini
<PAGE>

                                                                    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 Applied Microsystems
Corporation (the "Company") on Form 10-Q for the period ended June 30, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Robert C. Bateman, 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:

         (1)      The Report 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 Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.

Date: August 19, 2003

                                                     /s/ Robert C. Bateman
                                                     ---------------------------
                                                     Robert C. Bateman
                                                     Chief Financial Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Applied Microsystems Corporation
and will be retained by Applied Microsystems Corporation and furnished to the
Securities and Exchange Commission or its staff upon request.
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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Collaborations The Columbia Plateau Conservation Research Center has a long and productive history of collaborative research involving stakeholders.  Current collaborators and projects:  Resilient Dryland Farming Alliance: Opportunities to Reduce Fallow in Dryland Farming Soil Health and Crop Productivity in Pacific Northwest Dryland Wheat Production Systems Weed Management in Dryland Wheat-Fallow Systems Development of A Geospatial Database for Mapping Herbicide Resistant Weeds in the Pacific Northwest Dryland Wheat Production Region Intensified Dryland Production Systems in the Low and Intermediate Precipitation Regions of Eastern Oregon  DSSAT Winter Pea Model Development  Precision Nitrogen Mapping Proof of Concept


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Exhibit 32



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION

906 OF THE SARBAENES-OXLEY ACT OF 2002



In connection with the Quarterly Report of American Commerce Solutions, Inc. (the Company) on Form 10-QSB for the three months ended November 30, 2005, as filed with the Securities and Exchange
Commission on the date hereof (the Report), each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbaenes-Oxley Act of 2002, that to such
officers knowledge: Section 13(a)



| | (1) | The Report fully complies with the requirements of Section 13 (a) of Section 15 (d) of the Securities and 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 as of the dates and for the
periods expressed in the Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



In accordance
with the Exchange Act, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.



|                                         |  |                                                                    |  |                 
|---------------------------------------- |  | ------------------------------------------------------------------ |  | ----------------
|Signatures                               |  | Title                                                              |  | Date            
|/s/ Robert E. MaxwellRobert E. Maxwell   |  | Chairman of the Board & Director                                   |  | January 16, 2006
|                                         |  |                                                                   
|/s/ Daniel L. HefnerDaniel L. Hefner     |  | Chief Executive Officer, President & Director                      |  | January 16, 2006
|                                         |  |                                                                   
|/s/ Frank D. PuissegurFrank D. Puissegur |  | Chief Financial Officer (Principal Financial Officer) and Director |  | January 16, 2006
Exhibit 32.1



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 report of Impac Mortgage Holdings, Inc. (the Company) on Form 10-Q/A for the period ending June 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (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 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; 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/    JOSEPH R.
TOMKINSON
|Joseph R. Tomkinson       
|Chief Executive Officer   



August 15, 2005



|                         
|-------------------------
|                         
|/s/    RICHARD J.
JOHNSON
|Richard J. Johnson       
|Chief Financial Officer  



August 15, 2005



A signed original of this written statement required by Section 906 has been
provided to Impac Mortgage Holdings, Inc. and will be retained by Impac Mortgage Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

                        CERTIFICATION OF PERIODIC REPORT
                        --------------------------------
                      As adopted pursuant to Section 906 of
                         the Sarbanes-Oxley Act of 2002

I, E. Gerald Kay, the Chief Executive Officer of Integrated BioPharma,  Inc.
(the "Company"),  certify,  pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1)      the Annual Report on Form 10-KSB of the Company for the annual period
         ended June 30, 2004 (the "Report") 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 Report fairly presents,  in all
         material  respects,  the financial  condition and results of
         operations of the Company.

Dated:   September 28, 2004


                                  By: /s/ E. Gerald Kay
                                  ---------------------
                                  E. Gerald Kay
                                  Chief Executive Officer
Flow Ad Hoc Group (FLAHG)

• Developed Charge 

• Developed Objectives for Improvement and Objectives for Monitoring

• GCMRC Developed Hydrograph using Reclamation Scheduled Maintenance
Next Steps

•GCMRC develop Projected Effects of Hydrograph

•FLAHG review the Projected Effects and approve 

Hydrograph

•FLAHG recommends the Hydrograph to TWG

•???? 

•There are potential scheduling conflicts

•If approved the FLAHG will develop Monitoring 

Needs and Metrics for the Hydrograph
EXHIBIT 32.2



SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Quarterly Report on Form 10-Q of
Caremark Rx, Inc. (the Corporation) for the period ended March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, the Chief Financial Officer of the Corporation,
certifies 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 operations of the Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



Date: May 10, 2004



|                                                    
|----------------------------------------------------
|/s/ Howard A. McLure                                
|Howard A. McLure                                    
|Executive Vice President and Chief Financial Officer
Exhibit 31.2

I, Kenneth T. Myers, certify that:

1. I have reviewed this Annual Report on Form 10-K of Digital Lightwave, Inc.

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end
of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent function):

(a) All significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize, and report financial information; and

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants
internal controls over financial reporting.

Date: March 30, 2006



By:

/s/ KENNETH T. MYERSKenneth T. MyersInterim Chief Accounting Officer(Principal Financial Officer)
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1737 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  1st Session
                                H. R. 1737

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2015

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT

 
    To nullify certain guidance of the Bureau of Consumer Financial 
   Protection and to provide requirements for guidance issued by the 
             Bureau with respect to indirect auto lending.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reforming CFPB Indirect Auto 
Financing Guidance Act''.

SEC. 2. NULLIFICATION OF AUTO LENDING GUIDANCE.

    Bulletin 2013-02 of the Bureau of Consumer Financial Protection 
(published March 21, 2013) shall have no force or effect.

SEC. 3. GUIDANCE REQUIREMENTS.

    Section 1022(b) of the Consumer Financial Protection Act of 2010 
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
            ``(5) Guidance on indirect auto financing.--In proposing 
        and issuing guidance primarily related to indirect auto 
        financing, the Bureau shall--
                    ``(A) provide for a public notice and comment 
                period before issuing the guidance in final form;
                    ``(B) make available to the public, including on 
                the website of the Bureau, all studies, data, 
                methodologies, analyses, and other information relied 
                on by the Bureau in preparing such guidance;
                    ``(C) redact any information that is exempt from 
                disclosure under paragraph (3), (4), (6), (7), or (8) 
                of section 552(b) of title 5, United States Code;
                    ``(D) consult with the Board of Governors of the 
                Federal Reserve System, the Federal Trade Commission, 
                and the Department of Justice; and
                    ``(E) conduct a study on the costs and impacts of 
                such guidance to consumers and women-owned, minority-
                owned, veteran-owned, and small businesses, including 
                consumers and small businesses in rural areas.''.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to apply to guidance issued 
by the Bureau of Consumer Financial Protection that is not primarily 
related to indirect auto financing.

            Passed the House of Representatives November 18, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
EXHIBIT 32(A )

                            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 Annual Report of Murray United Development Corp.
on Form 10-KSB for the period ending July 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof, I, Dwight Foster, Chief Executive
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 Report 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 result of
         operations of the Company.


Date:  October 25, 2005                         / s /  Dwight Foster

                                                       DWIGHT FOSTER,
                                                       Chief Executive Officer
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
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