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State of Texas Vs.

Appellate Docket Number: 05-15-00428-CR

Appellate Case Style: Style: Hector Omar Romero (AKA: Omar Canaka) 

Companion Case:

Amended/corrected statement:

DOCKETING STATEMENT (Criminal)

Appellate Court: 5th Court of Appeals

(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

 I. Appellant II. Appellant Attorney(s)

Appellant Incarcerated? Yes No

Suffix:

Last Name: Romero

Middle Name: Omar

First Name: Hector

Amount of Bond:

Pro Se:

Lead Attorney

Last Name: Moore

SBN: 24050279

Email: riann.moore@dallascounty.org

Fax: (214) 875-2363

Telephone: (214) 653-3550 ext. 2,361

State: Texas Zip+4: 75207

City: Dallas

Address 2:

Address 1: 133 North Riverfront Boulevard, Lock Box 2

Firm Name: Dallas County Public Defender's Office

Appointed Retained District Attorney Public Defender

Suffix:

Middle Name: Christine

First Name: Riann

Add Another Appellant/

Attorney

ACCEPTED

05-15-00428-CR

FIFTH COURT OF APPEALS

DALLAS, TEXAS

4/6/2015 2:28:15 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/6/2015 2:28:15 PM LISA MATZ Clerk
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 III. Appellee

Pro Se:

Amount of Bond:

Yes No

Appointed Retained District Attorney Public Defender

Appellee Incarcerated?

Suffix:

Last Name:

Middle Name:

First Name: State of Texas

Add Another Appellee/

Attorney

Suffix:

Last Name: Hawk

Middle Name:

First Name: Susan

Lead Attorney

 IV. Appellee Attorney(s)

SBN: 00794284

Email: DCDAAppeals@dallascounty.org

Fax: (214) 653-3643

Telephone: (214) 653-3625 ext.

State: Texas Zip+4: 75207

City: Dallas

Address 2: 133 North Riverfront Boulevard, Lock Box 19

Address 1:

Firm Name: Dallas County District Attorney's Office

 V. Perfection Of Appeal, Judgment And Sentencing

Nature of Case (Subject matter 

or type of case):

 Does the appeal involve the constitutionality or the validity of a 

 statute, rule or ordinance?

Date notice of appeal filed in trial court: March 27, 2015

Was the trial by:

 If mailed to the trial court clerk, also give the date mailed :

 Is the appeal from a pre-trial order?

Punishment assessed: 8 Years TDCJ-ID

Yes No

Yes No

jury or non-jury?

Type of Judgment: Final Judgment

Date trial court imposed or suspended sentence in open court or date 

trial court entered appealable order: March 27, 2015

Offense charged: Assault causing bodily injury/family violence

Date of offense: June 23, 2012

Defendant's plea: Guilty

If guilty, does defendant have the trial court's certificate to appeal?

Yes No

Assaultive

VI. Actions Extending Time To Perfect Appeal

Motion for New Trial:

Motion in Arrest of Judgment:

Other: Yes No

If other, please specify: 

Yes No

Yes No

If yes, date filed:

If yes, date filed:

If yes, date filed:

Yes No NA If yes, date filed: March 27, 2015

VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit)

Motion and affidavit filed:

Date of hearing: NA

Date of order: March 27, 2015 NA

Ruling on motion: Granted Denied NA If granted or denied, date of ruling: March 27, 2015
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 VIII. Trial Court And Record

Trial Court Docket Number (Cause no): F12-71361-H

County: Dallas

Court: Criminal District Court No. 1

Middle Name:

Suffix:

Last Name: Burns

First Name: Robert

Trial Court Judge (who tried or disposed of the case):

Address 1: 133 N. Riverfront Blvd. LB 38

Address 2: 

City: Dallas

Email: robert.burns@dallascounty.org

Fax:

Telephone: 214-653-5902 ext.

State: Texas Zip + 4: 75207

Clerk's Record:

Trial Court Clerk:

Yes No

Yes No

District County

Was clerk's record requested?

If yes, date requested: Apr 6, 2015

If no, date it will be requested:

Were payment arrangements made with clerk?

Yes No

Were payment arrangements made with the court reporter/court recorder? Yes No

Was the reporter's record electronically recorded? Yes No

Is there a reporter's record? Yes No

Reporter's or Recorder's Record:

Was reporter's record requested?

If yes, date requested: Apr 6, 2015

Email: cjshorthand@gmail.com

Fax:

Address 1: 133 N. Riverfront Blvd. LB 38

Address 2:

City: Dallas

State: Texas Zip + 4: 75207

Telephone: 214-653-5903 ext.

 Official Substitute

 Court Reporter Court Recorder

Suffix:

Last Name: Jones

Middle Name:

First Name: Crystal
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 1X. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number: 05-15-00427-CR Court: Fifth District Court of Appeals

Style: Hector Omar Romero (AKA: Omar Canaka) 

Vs. State of Texas

 1X. Related Matters

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number: 05-15-00429-CR Court: Fifth District Court of Appeals

Style: Hector Omar Romero (AKA: Omar Canaka) 

Vs. State of Texas

 X. Signature

Signature of counsel (or Pro Se Party)

State Bar No: 24050279

Printed Name:

Date: April 6, 2015

Electronic Signature: Riann Christine Moore Name: Riann Christine Moore

(Optional)

 XI. Certificate of Service

The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's 

order or judgment as follows on .

State Bar No.: 24050279

Signature of counsel (or pro se party)

April 6, 2015

Electronic Signature: Riann Christine Moore

(Optional)

Person Served:

 (1) the date and manner of service; 

 (2) the name and address of each person served, and 

 (3) if the person served is a party's attorney, the name of the party represented by that attorney 

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must 

state:
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Address 2:

Email: DCDAAppeals@dallascounty.org

State Texas Zip+4: 75207

City: Dallas

Address 1: 133 North Riverfront Boulevard, Lock Box 19

Law Firm Name: Dallas County District Attorney's Office

Suffix:

Last Name: Hawk

Middle Name:

First Name: Susan

Manner Served: eServe

Date Served: April 6, 2015

Please enter the following for each person served:
Cause No. _______._f~( l=:::c_·_1..__,_13-=---=-=lf2'-'--l J_W::.___ 

THE STATE OF TEXAS 

vs. 

l±e.cJur Rom-eva 

§ 

§ 

§ 

IN THE __________ _ 

DISTRICT COURT----+---

DALLAS COUNTY, TEXAS 

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL* 

I, judge of the trial court, certify this criminal case: ~ ~ 

P- is not a plea-bargain case, and the defendant has the right of appeal, [or] f~· ~ ~ 

0 is a plea-bargain case, but matters were raised by written motion filed and rul d Efi bef~ triaC 

,-. r·,· 

and not withdrawn or waived, and the defendant has the right of appeal, [or] \ '~ • ·. :?- '. · 

0 is a plea-bargain case, but the trial court has given permission to appeal, and t~ ¥-t~nd~tiJ hast. -o tt> N the right of appeal, [or] S x:-

-< 

0 is a plea-bargain case, and the defendant has NO right of appeal, [or] 

0 the defendant has waived the right of appeal, [or] 

0 other (please specify): 

Judge Date Signed 

J have received a copy of this certification. I have also been informed of my rights concerning any appeal of this 

criminal case, including any right to file a pro se petition for discretionary review pursuant to Rule 68 of the Texas Rules 

of Appellate Procedure. I have been admonished that my attorney must mail a copy of the court of appeals' judgment and 

opinion to my last known address and that I have only 30 days in which to file a prose petition for discretionary review in the 

Court of Criminal Appeals. Tex. R. App. P. 68.2. I acknowledge that, ifl wish to appeal this case and ifl am entitled to do so, 

it is my duty to inform my appellate attorney, by written communication, of any change in the address at which I am currently 

living or any change in my current prison unit. I understand that, because pellate deadlines, if I :5 · timely inform my 

appellate attorney of any change in my address, I may lose the opportuni to le a pbtion fo di retionary review. 

~~'&ult (if not represented by counsel) 

Mailing Address: 

Telephone #: 

Fax # (if any): 

Defendant' ounsel 

State Bar o : /D5li 2.~00 

Mailing Address: 5')..({ w. I?:Ji.J ui. ~ 

Telephone #: DtlLlCtS 7X 15 W 

Fax#(ifany): 214-<14/- 570() 

* A defendant in a criminal case has the right of appeal under these rules. The trial court shall enter a certification of the 

defendant's right to appeal in every case in which it enters a judgment of guilt or other appealable order. In a plea bargain 

case- --- that is, a case in which a defendant's plea was guilty or nolo contendere and the punishment did not exceed the 

punishment recommended by the prosecutor and agreed to by the defendant---- a defendant may appeal only: (A) those 

matters that were raised by written motion filed and ruled on before trial, or (B) after getting the trial court's permission to 

appeal." TEXAS RULE OF APPELLATE PROCEDURE 25.2(a)(2). 
THE STATE OF TEXAS 

~.::r.~...rv 

fJ?..- ?l [(;1-H ~~DRAWER#40 fl1.. _/t)fol ... H 

CAUSE No.f J.z..-7!302-- H 

______ DISTRICT COURT ___ f__ _ 

DALLAS COUNTY, TEXAS 

DEFENDANT'S NOTICE OF APPEAL AND PAUPER OATH ~~-.( 

~-

APPOINTMENT OF ATTORNEY ON APPEAL 

~0· 

\ . 

TO THE HONORABLE JUDGE OF SAID COURT: \ -r.-: ~I;.'_;;. 

"-0 ifl N 

Comes now Defenant in the above cause and states: I am the defendant in the above cause; I wcfi.convicted ilfthis 

cause and now give Notice of Appeal to the Texas Court of Appeals for the Fifth Supreme Judicial -5istrict of Texas 

of Dallas, Texas, and that I am penniless, destitute and indigent person, too poor to employ counsel to represent me on 

the appeal, and too poor to pay for or give security for the Statement of Facts and a true copy thereof herein. 

WHEREFORE, I pray that the Court will appoint an attorney to represent me in this appeal and that the Court will order the 

Court Reporter of this Court to prepare and deliver me or my appointed Counsel the original and a true copy of the Statement 

of Facts in this case, together with all exhibits attached thereto if practical. · 

Defendant 

BEFORE ME, the undersigned authority, personally appeared the above Defendant, known to me to be the 

person whose signature appears above, and after being duly sworn on oath states that he is the defendant in the above 

cause, and that the matters and things set forth in the foregoing are true and correct in all thin . 

JIM HAMLIN 

DISTRICT CLERK 

Dallas County, Texas 

The Defendant havmg requested the Court to appoint Cou7sEJ, 

it is Ordered the Honorable Pu b It L 

i 

Address: ______________________________________ _ 

a regular licensed and practicmg attorney of Texas, be, and he/she is hereby appointed to represent Defendant in 

prosecuting his/her appeal herein, and it is further Ordered that the Court Reporter is hereby directed to transcribe all of the 

notes as same may appertain to this cause and as taken during the trial of this cause which began on 

------------- _____ , and make Statement of Facts in duplic-L~ furnish same to defendant 

or his appointed Counsel. / anu ( 

//' /~ ~ Judge OC::::::::::: 

FORM 40