alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-21-00207-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

 

JOSE HOMERO CEPEDA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

 

On appeal from the 445th District Court

of Cameron County, Texas.

 

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Tijerina

Memorandum Opinion by Justice Benavides

On July 1, 2021, appellant Jose Homero Cepeda filed a notice of appeal from his 

conviction for theft of property valued at $2,500 or more but less than $30,000, a state jail 

felony. See TEX. PENAL CODE ANN. § 31.03(e)(4)(A). On June 8, 2022, we abated the 

appeal and remanded the case to the trial court to resolve a conflict between the record 

and the trial court’s certification of Cepeda’s right of appeal. See TEX. R. APP. P.
2

25.2(a)(2).

Cepeda has since filed a motion to dismiss the appeal, signed by Cepeda and his 

attorney. See id. R. 42.2(a) (providing that, in a criminal case, the appellant has the right 

to voluntarily and unilaterally dismiss the appeal “[a]t any time before the appellate court’s 

decision”). Accordingly, we reinstate the appeal, grant Cepeda’s motion, and dismiss the 

appeal. See id. Having dismissed the appeal at Cepeda’s request, no motion for rehearing 

will be entertained.

GINA M. BENAVIDES

Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

7th day of July, 2022.
WEBER - PROVO DIVERSION AT FRANCISLatitude: 40.614Longitude: -111.305Elevation: 6452

WEBER - PROVO DIVERSION AT FRANCIS

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Wolf Creek Peak

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Beaver Divide

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Trial Lake
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         136,932
<SECURITIES>                                    44,890
<RECEIVABLES>                                  162,975
<ALLOWANCES>                                     2,503
<INVENTORY>                                          0
<CURRENT-ASSETS>                               366,093
<PP&E>                                         115,866
<DEPRECIATION>                                  43,523
<TOTAL-ASSETS>                                 609,512
<CURRENT-LIABILITIES>                          156,472
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            59
<OTHER-SE>                                     291,142
<TOTAL-LIABILITY-AND-EQUITY>                   609,512
<SALES>                                              0
<TOTAL-REVENUES>                               439,190
<CGS>                                                0
<TOTAL-COSTS>                                  521,683
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   905
<INTEREST-EXPENSE>                               1,737
<INCOME-PRETAX>                               (77,337)
<INCOME-TAX>                                   (9,375)
<INCOME-CONTINUING>                           (67,962)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (67,962)
<EPS-PRIMARY>                                   (1.22)
<EPS-DILUTED>                                   (1.22)


</TABLE>
#### In the Matter of Steve Stroman, Appellant, v Peter E. Corning, as a County Court Justice, Respondent.

Submitted May 7, 2007;

decided June 5, 2007

Motion for reargument denied *[see*8 NY3d 908].

Judge Pigott taking no part.
<TABLE> <S> <C>

<ARTICLE>   5
<LEGEND>
Exhibit 27  Financial Data Schedule


This schedule contains summary financial information extracted from the
Company's unaudited financial statements at September 30, 1997 and 1998, and is
qualified in its entirety by reference to such financial statements. 
       
<S>                            <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1997             DEC-31-1998
<PERIOD-END>                    SEP-30-1997             SEP-30-1998
<CASH>                            1,681,934               1,397,207
<SECURITIES>                              0                       0
<RECEIVABLES>                        11,451                  51,668
<ALLOWANCES>                              0                       0
<INVENTORY>                          98,710                  78,452
<CURRENT-ASSETS>                  2,107,480               1,869,915
<PP&E>                              132,109                 147,742
<DEPRECIATION>                      (57,173)                (85,296)
<TOTAL-ASSETS>                    2,421,105               1,957,076
<CURRENT-LIABILITIES>               185,383                  26,597
<BONDS>                                   0                       0
<PREFERRED-MANDATORY>                     0                       0
<PREFERRED>                               0                       0
<COMMON>                              2,906                   2,910
<OTHER-SE>                        6,302,292               6,247,431
<TOTAL-LIABILITY-AND-EQUITY>      2,421,105               1,957,076
<SALES>                           2,256,927               3,355,778
<TOTAL-REVENUES>                  2,256,927               3,355,778
<CGS>                               317,936                 532,201
<TOTAL-COSTS>                     2,716,251               3,156,095
<OTHER-EXPENSES>                    500,337                 530,886
<LOSS-PROVISION>                          0                       0
<INTEREST-EXPENSE>                        0                       0
<INCOME-PRETAX>                    (893,375)               (258,975)
<INCOME-TAX>                              0                       0
<INCOME-CONTINUING>                (893,375)               (258,975)
<DISCONTINUED>                            0                       0
<EXTRAORDINARY>                           0                       0
<CHANGES>                                 0                       0
<NET-INCOME>                       (893,375)               (258,975)
<EPS-PRIMARY>                         (0.31)                  (0.09)
<EPS-DILUTED>                         (0.31)                  (0.09)
        

</TABLE>
#### Margaret Tortorello, Respondent, v Richard Tortorello, Appellant.

In an action for a divorce and ancillary relief, the defendant husband appeals from an amended judgment of the Supreme Court, Richmond County (Felig, J.), dated April 8, 1986, which, *inter alia,*granted the plaintiff wife a divorce on the ground of cruel and inhuman treatment.

Ordered that the amended judgment is affirmed, with costs.

After hearing the conflicting testimony of the parties, the trial court found that the defendant husband had engaged in a course of cruel and inhuman treatment of the plaintiff wife rendering continued cohabitation unsafe and improper. In so finding, the court necessarily credited the plaintiff’s testimony *684as to several incidents of violence by the defendant against her, and necessarily rejected the defendant’s denial of those incidents. This determination was well within the domain of the trial court *(see, Brady v Brady,*64 NY2d 339), and we perceive no basis upon which to disturb it. Weinstein, J. P., Rubin, Kunzeman and Kooper, JJ., concur.
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```

                                                                    Exhibit 32.2

                CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER
                       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 FIRSTPLUS Financial Group, Inc.,
(the "Company") on Form 10-QSB for the quarter ended September 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William Handley, 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 my 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: November 14, 2007                    By: /s/ William Handley
                                               ---------------------------------
                                               William Handley
                                               Chief Financial Officer
                                               (Principal Financial Officer and
                                               Principal Accounting Officer)
```
#### Albert Morris *v.*City of Stamford

No appearance for either party.

Decided May 6, 1975

It appearing that the parties in the above-entitled case have failed to pursue the appeal from the Court of Common Pleas in Fairfield County at Stamford, it is, under Practice Book § 696, ordered by the Supreme Court, suo motu, that the appeal he and hereby is dismissed.
COURT OF APPEAL S OF VIRGINIA

Present: Judg es Benton, Cole man and Willis

RUTH LIDDELL MEMORANDUM OPINION * v. Record No. 27 46-98-4 PER CURIAM MAY 18, 1999 INOVA FAIRFAX HO SPITAL AND INOVA HEALTH SYSTEM FOUNDATION, INC.

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Ruth Liddell, pro se , on brief). (William L. Carey; Mc Candlish & Lillard, on brief), for appellees.

Ruth Liddell cont ends that the Work ers' Compensation Commission ("commission ") erred in finding that she failed to prove that her left shoulder rotator cuff tear was causally related to her compensa ble September 15 , 1996 injury by accident. Upon reviewing the re cord and the briefs of the parties, we conclude that this ap peal is withou t merit. Acco rdingly, we summarily affirm the commission 's decision. See Rule 5A:27. On appeal, we view the evidence in the light most favorable to the prevailing party below. See R.G. Moore Bl dg. Corp. v. Mullins , 10 Va. App. 211, 212, 390 S. E.2d 788, 788 (1 990). Unless we can say as a matter of law that claimant's evidence sustained

*Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication.- 2 - her burden of pr oof, the commissi on's findings are binding and conclusive upon us. See Tomko v. Michael' s Plastering. Co. , 210 Va. 697, 699, 173 S.E. 2d 833, 835 (1970). In finding that Lidd ell failed to prove that her left rotator

cuff tear was caus ally related to the Septem ber 15, 1996 injury by accident, the co mmission foun d as follows: We . . . are unwilling to infer causation under the facts of this case. Liddell admitted that she suffered from significant pre-existing shoulder problems. On September 30, 1996, Dr. [Robert] Stinger indicated that [Liddell's] work injury had resolved. [Liddell's] rotator cuff tears were not diagnosed until March 1997. At that time, Liddell was diagnosed with a rotator cuff tear of the right shoulder as well as the left shoulder, even though there is no evidence that the right shoulder was injured at the time of her industrial accident. Under these facts, we can only speculate whether the claimant's left rotator cuff tear was caused by the work accident . . . . The commission's findings are amply supported by the record. Based upon the lack of any persuasive medical evidence to connect Liddell's left shoulder rotator cuff tear with her compensable work injury, we cannot say as a matter of law that her evidence sustained her burden of proving causation. For these reasons, we affirm the commission's decision. Affirmed.
1 ORDER, LaGrassa v. Berryhill, Civ. Act. No. 6:15-CV-02369-SU

Juliana E. Coons, OSB #03291

coonsandcoons@gmail.com

Juliana E. Coons, P.C.

P.O. Box 72322

Springfield OR 97475

(503) 680-9948

Fax (541) 804-8586

Attorney for Plaintiff

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON

KYMBERLY LAGRASSA MILES,

Plaintiff,

v.

NANCY A. BERRYHILL, Acting

Commissioner of Social Security,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

 Civil Action No. 6:15-CV-02369-SU

 ORDER AWARDING EAJA

 ATTORNEY FEES

Based upon the stipulation of the parties, it is hereby ORDERED that attorney fees in the

amount of $5,414.64 shall be awarded to Plaintiff pursuant to the Equal Access to Justice 

Act, 28 U.S.C. §2412. The parties agree that attorney fees will be paid to Plaintiff’s 

attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset 

against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue 

v. Ratliff, 130 S. Ct. 2521 (2010). If Plaintiff has no such debt, then the check shall be

made out to Plaintiff’s attorney and mailed to Plaintiff’s attorney’s office as follows: 

Juliana Coons, P.O. Box 72322, Springfield OR 97475. If Plaintiff has a debt, then the 

check for any remaining funds after offset of the debt shall be made to Plaintiff and 

mailed to Plaintiff's attorney's office at the address stated above. There are no 

documented costs or expenses to be paid herein.

DATED this _____ day of _________________________, 2017.

____________________________________

United States District Judge

PRESENTED BY:

s/ Juliana E. Coons

JULIANA E. COONS, OSB#032910

(503) 680-9948

Attorney for Plaintiff, Kymberly LaGrassa Miles

/s/ Patricia Sullivan

11th October
#### Bank of New York, Petitioner, v Norilsk Nickel et al., Respondents, and Monter Joint Stock Company, Appellant.

Submitted February 5, 2007;

decided March 29, 2007

Motion to vacate this Court’s July 6, 2006 dismissal order denied *[see*7 NY3d 778].
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

ROBERT EV ANS MAHLER, 

Plaintiff, 

v. 

FATHER TERRY, FATHER MARTIN, 

individually and dba Mount Angel Abbey & 

Seminary; THE ROMAN CATHOLIC 

CHURCH; DIOCESE OF PORTLAND, 

OREGON; MOUNT ANGEL ABBEY & 

SEMINARY; CITY OF MT. ANGEL, 

OREGON; MT. ANGEL (OREGON) 

POLICE DEPARTMENT; OFFICER 

MARTINEZ, Individually and as Deputy 

of the City of Mt. Angel (Oregon) Police 

Department; Does 1-10,, 

Defendants. 

MCSHANE, Judge: 

Civ. No. 6:16-cv-165-JR 

ORDER 

Magistrate Judge Jolie Russo filed a Findings and Recommendation, ECF No. 26, and the 

matter is now before this court. See 28 U.S.C. § 636(b)(l)(B), Fed. R. Civ. P. 72. Although 

plaintiff did not file objections, I reviewed the legal principles de novo. United States v. 

Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). Upon review, I find no error and conclude the 

report is correct. Magistrate Judge Russo's Findings and Recommendation is ADOPTED. 

I-ORDER 

Case 6:16-cv-00165-JR Document 29 Filed 07/27/16 Page 1 of 2
The Defendants' motion to dismiss, ECF No. 10, is GRANTED and the claims against 

Defendants City of Mount Angel, Mount Angel Police Department, and Officer Martinez are 

DISMISSED. 

IT IS SO ORDERED. 

DATED this 27th day of July, 2016. 

2-0RDER 

./ t ___ \...._ __ _ 

Michael J. McShane 

United States District Judge 

Case 6:16-cv-00165-JR Document 29 Filed 07/27/16 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      32,607,001
<INT-BEARING-DEPOSITS>                      16,758,722
<FED-FUNDS-SOLD>                             3,000,000
<TRADING-ASSETS>                           400,435,545
<INVESTMENTS-HELD-FOR-SALE>                121,867,202
<INVESTMENTS-CARRYING>                      44,019,274
<INVESTMENTS-MARKET>                        43,841,653
<LOANS>                                    765,059,419
<ALLOWANCE>                                  6,771,702
<TOTAL-ASSETS>                           1,510,745,516
<DEPOSITS>                                 722,418,494
<SHORT-TERM>                               631,196,293
<LIABILITIES-OTHER>                         19,076,813
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    38,489,266
<OTHER-SE>                                  99,564,650
<TOTAL-LIABILITIES-AND-EQUITY>           1,510,745,516
<INTEREST-LOAN>                             68,513,571
<INTEREST-INVEST>                           28,821,319
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            97,334,890
<INTEREST-DEPOSIT>                          32,434,559
<INTEREST-EXPENSE>                          60,805,124
<INTEREST-INCOME-NET>                       36,529,766
<LOAN-LOSSES>                                6,370,000
<SECURITIES-GAINS>                           9,785,093
<EXPENSE-OTHER>                             39,035,748
<INCOME-PRETAX>                             32,229,080
<INCOME-PRE-EXTRAORDINARY>                  32,229,080
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                23,497,212
<EPS-PRIMARY>                                     1.66
<EPS-DILUTED>                                     1.62
<YIELD-ACTUAL>                                    8.32
<LOANS-NON>                                 29,968,266
<LOANS-PAST>                                   226,727
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                             33,583,021
<ALLOWANCE-OPEN>                             3,331,645
<CHARGE-OFFS>                                5,376,573
<RECOVERIES>                                 2,446,630
<ALLOWANCE-CLOSE>                            6,771,702
<ALLOWANCE-DOMESTIC>                         6,771,702
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>
 
Exhibit 11.1


               Wilsons The Leather Experts Inc. and Subsidiaries
                  Computation of Net Income Per Common Share
                   (In Thousands, Except Per Share Amounts)

<TABLE> 
<CAPTION> 

                                                                  For the             Period From
                                                                   Year                Inception
                                                                   Ended            (May 26, 1996) to
                                                              January 31, 1998      February 1, 1997
                                                            --------------------  --------------------
<S>                                                         <C>                   <C>  
Basic:

  Net income                                                   $      10,838         $     23,906
                                                              ===============       ==============
                                                          
  Weighted average common shares outstanding                           8,910                7,650
                                                              ===============       ==============
                                                          
  Basic net income per common share                            $        1.22         $       3.12
                                                              ===============       ==============
                                                          
Diluted:                                                  
                                                          
  Net income                                                   $      10,838         $     23,906
                                                              ===============       ==============
  Weighted average common shares outstanding                           8,910                7,650
                                                          
Effect of:                                                
  Options granted                                                        218                   78
  Warrant                                                              1,270                1,242
                                                              ---------------       --------------
                                                          
  Weighted average common shares outstanding - 
    assuming dilution                                                 10,398                8,970
                                                              ===============       ==============
                                                          
  Diluted net income per common share                          $        1.04         $       2.67
                                                              ===============       ==============
</TABLE>