alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appeal Dismissed and Memorandum Opinion filed August 13 , 2020

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 20

- 00306

- CR

ANTHONY EARL CALDWELL , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 209th District Court

Harri s County, Texas Tri al Cour t Cause No. 1433609

MEMORANDUM OPINION

Appellant entered a guilty plea to manslaughter . In accordance with the terms of a plea bargain agreement with the State, the trial court assessed punishment at confinement for nineteen ye ars in the Institut ional Div ision of the Texas Department of Crimina l Justice. Appellant filed a notice of appeal

.
The trial court signed a certification of the defendant’s right to appeal in which the court certified that this is a plea bargain case, and the defend ant has no right of appeal. Se e T ex. R. App. P. 25.2(a)(2). The trial court’s certification is2

included in the record on appeal. See T ex. R. App. P. 25.2(d). The record supports

th e trial court’s certification. See Dears v. State , 154 S.W.3d 610 , 615 (Tex. Crim.

A pp. 2005). On August 6, 2020 , appellant ’ s counsel filed a suggestion with the

court that the cour t lack s jurisdiction o ver this appeal. We agree and dism iss the appeal for lack of jurisdic tion

. Accordingly, we dismiss the appeal.

PER CURI AM

Panel cons ist s of Justices Chri stopher, Jewell, and Hassan.
Do Not Publish

— Tex. R. App. P. 47.2(b)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF KMC  TELECOM  HOLDINGS,  INC.  AS OF  MARCH  31,  1999 AND THE  RELATED
STATEMENT  OF  OPERATIONS  FOR THE THREE  MONTHS  ENDED MARCH 31,  1999,  AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                         1
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                              JAN-1-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      47,792,000
<SECURITIES>                                         0
<RECEIVABLES>                               11,256,000
<ALLOWANCES>                                  (446,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            59,874,000
<PP&E>                                     284,951,000
<DEPRECIATION>                             (15,477,000)
<TOTAL-ASSETS>                             393,662,000
<CURRENT-LIABILITIES>                       49,888,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                      143,503,000
<PREFERRED>                                          0
<COMMON>                                         6,000
<OTHER-SE>                                (149,806,000)
<TOTAL-LIABILITY-AND-EQUITY>               393,662,000
<SALES>                                              0
<TOTAL-REVENUES>                            11,078,000
<CGS>                                                0
<TOTAL-COSTS>                               19,670,000
<OTHER-EXPENSES>                            21,382,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          10,327,000
<INCOME-PRETAX>                            (39,359,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (39,359,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (39,359,000)
<EPS-PRIMARY>                                  (59.87)
<EPS-DILUTED>                                  (59.87)
        


</TABLE>
[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Notices]
[Page 13721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6176]



-----------------------------------------------------------------------


DEPARTMENT OF ENERGY

Tennessee Gas Pipeline Co.; Notice of Filing

[Docket No. RP95-112-003]
March 8, 1995.
    Take notice that on March 3, 1995, Tennessee Gas Pipeline Company 
(Tennessee) tendered for filing to become part of its FERC Gas Tariff, 
Original Volume No. 2, the following tariff sheets to be effective 
February 1, 1995:

First Revised Sub 30th Revised Sheet No. 5

    Tennessee states that the purpose of this filing is to comply with 
the Commission's February 23, 1995 Order in Docket No. RP95-112 
requiring Tennessee to make the Rate Schedule T-180 rate effective 
February 1, 1995.
    Tennessee states that copies of the filing have been mailed to all 
affected parties.
    Any persons desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 825 North Capitol Street 
NE., Washington, D.C. 20426, in accordance with Rule 211 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211). All such 
protests should be filed before March 15, 1995. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Copies of this filing are on file with the Commission and 
are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-6176 Filed 3-13-95; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>



                                                                    EXHIBIT 99.1


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 Quarterly Report of Payless ShoeSource, Inc. (the
"Company") on Form 10-Q for the period ending May 3, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Steven
J. Douglass, Chairman of the Board and Chief Executive 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; 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: June 16, 2003


                                           /s/ Steven J. Douglass
                                           -------------------------------------
                                           Steven J. Douglass
                                           Chairman of the Board and
                                           Chief Executive Officer

                                       20
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 5 A2 15 3 . J AMES KURTZ v . THE STATE.

In 2 0 0 5

, a ju ry co nv i ct ed J am es Ku rt z o f s ev eral s ex ual o ffen s es

. In 2 0 0 7

, we

affi rm ed t h e t ri al co u rt ’ s d en i al o f h i s m o t i on fo r a n ew t ri al

. Ku r t z v. S ta t e , 2 8 7 Ga.
Ap p

. 8 23 (6 5 2 SE2 d 8 5 8 ) (2 0 0 7 ). Ku rt z lat er fi l ed a m o t i o n t o v a c a t e a v o id
ju d g m en t

, wh i ch t h e tri al co u rt d en i ed

. He t hen fi l ed a n o ti ce o f ap p eal t o t h i s Co u rt

. W e l ack ju ri sd ict i o n

.

“ [A] p et i t io n to v acat e o r m o d i fy a j u d gm en t o f co n v i ct i o n i s n o t an ap p ro p ri at e

re m e d y i n a c r i m i n al cas e.” Ha r p er v. S t a t e , 2 8 6 Ga. 2 16

, 21 8 (1 ) (6 8 6 SE2 d 7 8 6 )
(2 0 0 9). An y ap p eal fro m an ord er d en y i n g o r d i sm i s s i n g su ch a m o t i o n m u s t b e

d i s m i s s ed

. See i d

. at 2 1 8 (2 ); Ro b e r t s v. St a te

, 28 6 G a. 5 3 2

, 5 3 2 (6 9 0 SE2 d 1 5 0 )
(2 0 1 0). A d i rect ap p eal m ay li e fro m an o rd er d en y i n g a m o t i o n to v acat e o r co rrect

a v oi d s en t e n ce, b u t on l y i f t h e d efen d an t rai s es a co l o rab l e cl ai m th at t h e s en t en ce

i s , i n fact

, v o i d

. See Ha r

p er , s u p ra at 2 17 n .1 ; B u r g v. S t a t e , 2 9 7 Ga. Ap p

. 1 1 8

, 1 1 9
(6 7 6 SE2 d 4 6 5 ) (2 0 0 9). W h en a s en t en ce i s w i th i n t h e s tat u t o ry ran g e o f p u n i s h m en t

, i t is n o t v o i d

. Jo n es v. S t a t e , 2 78 Ga. 6 6 9 , 6 7 0 (6 0 4 SE2 d 4 8 3 ) (2 0 04 ).

Ku rt z d oes n o t arg u e t h at h i s s en t en ce ex ceed ed t h e leg al li m i t s ; rat h e r , h e

cl ai m s t hat h i s co u n s el ren d ered v ari o u s i n s t an ces of i n effect i v e as s i s t an ce an d t h at

s ev eral o f h i s co n v i ct i o n s an d s en t en ces v i o l at ed h i s ri g ht b e f r e e f ro m d o u b l e jeo p ard y

. In n o ne o f t hes e cl ai m s , h o w ev er, d o es Ku rt z rai se a co l o rab le arg u m en t

t h at h e recei v ed a s en t en ce ab o v e t h e s t at u to ry m ax i m u m

. See id

. Becau s e K

u rt z h as

n o t rai s ed a v al i d v oi d-s en t en ce cl ai m , t h i s ap p eal i s h ereb y DISM ISSED fo r l ack o f
ju ri s d i ct i o n

. August 03, 2015C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a tr u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 08/03/2015
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3023

LED Technologies: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_05.09.19.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
Exhibit 10.2















VIA HAND DELIVERY






December 7, 2009




Mr. Brad Holtzinger


MIPS Technologies, Inc.


955 E. Arques Avenue


Sunnyvale, CA  94085




Dear Brad,




This is to confirm that MIPS Technologies, Inc. is enhancing your fiscal year 2010 Performance-Based Bonus Plan for Executives as follows:




1. Guaranteed payout of 20% of your salary;


2. Paid out at normal time for bonus payout (typically in August);


3. To be paid even if you are terminated by the company prior to the time of payout; and


4. The bonus will not be paid, however, if you voluntarily resign prior to its payout.




Sincerely,




/s/ JOHN BOURGOIN




John Bourgoin














MIPS Letterhead
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3594

JLG Industries, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         837,897
<SECURITIES>                                19,593,912
<RECEIVABLES>                                   60,799
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         412,871
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              25,738,947
<CURRENT-LIABILITIES>                                0
<BONDS>                                     19,116,796
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    10,558,709
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 6,494,500
<SALES>                                      4,598,470
<TOTAL-REVENUES>                             4,598,470
<CGS>                                                0
<TOTAL-COSTS>                                6,759,774
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,161,304)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,161,304)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,161,304)
<EPS-BASIC>                                     (0.51)
<EPS-DILUTED>                                   (0.51)


</TABLE>
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 accompanying Quarterly Report on Form 10-Q (the "Report") of America First Real Estate Investment Partners, L.P. (the "Company") for the quarter ended March 31, 2003, I, Lisa Y. Roskens, Chief Executive Officer of the general partner 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, to my knowledge, that:

 (1) The Report fully complies with the requirements of section 13(a) or15(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/ Lisa Y. Roskens

Lisa Y. Roskens

Chief Executive Officer

May 9, 2003

A signed original of this written statement required by Section 906 has been provided to America First Real Estate Investment Partners, L.P. and will be retained by America First Real Estate Investment Partners, L.P. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1

                                                                    EXHIBIT 11.1


                            PAYLESS SHOESOURCE, INC.
                      COMPUTATION OF NET EARNINGS PER SHARE


<TABLE>
<CAPTION>

                                                  13 Weeks Ended                       26 Weeks Ended
                                                  --------------                       --------------
                                           August 4,         July 29,           August 4,           July 29,
(Thousands, except per share)                2001              2000               2001                2000
                                           ---------         ---------          ---------          ---------
<S>                                       <C>                <C>                <C>                <C>
Basic Computation:

Net earnings                                $36,400            $48,799            $66,050            $74,266
Weighted average common
 shares outstanding                          22,250             22,306             22,207             25,377
                                            -------            -------            -------            -------

Basic earnings per share                    $  1.64            $  2.19            $  2.97            $  2.93
                                            =======            =======            =======            =======



Diluted Computation:

Net earnings                                $36,400            $48,799            $66,050            $74,266

Weighted average common
 shares outstanding                          22,250             22,306             22,207             25,377

Net effect of dilutive stock
  options based on the treasury
  stock method                                  529                302                576                205
                                            -------            -------            -------            -------

Outstanding shares for diluted
  earnings per share                         22,779             22,608             22,783             25,582
                                            =======            =======            =======            =======

Diluted earnings per share                  $  1.60            $  2.16            $  2.90            $  2.90
                                            =======            =======            =======            =======
</TABLE>



Note: Basic earnings per share is computed by dividing net earnings by the
weighted average number of shares of common stock outstanding during the period.
Diluted earnings per share includes the effect of conversions of options.
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
  
    
    The Annual Report on Form 10-K of the Company for the annual period ended September 28,
2008 (the Report), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Jack H. Brown

Jack H. BrownChairman of the Board, President,
and Chief Executive Officer
(Principal Executive Officer)
December 19, 2008
 /s/ Phillip J. Smith

Phillip J. SmithExecutive Vice President,
and Chief Financial Officer
(Principal Financial Officer)
December 19, 2008
<PAGE>

                                                                    Exhibit 99.1



June 28, 2006
Mr. Jim Joyce
Aethlon Medical, Inc.
7825 Fay Avenue, Suite 200
La Jolla,  CA 92037
Via Facsimile (858) 332-1739


Re: Board Resignation

Dear Mr. Joyce,

Please accept this letter as my formal notice to resign from the Board of
Aethlon Medical, Inc. The resignation is to be effective today.

Due to my missionary activities and other interests I have decided to relinquish
my responsibilities as a Board Member in order to devote more time and energy to
those missionary outreach programs.

It has been a great honor and privilege for me to work with you and the other
distinguished members of the Board over the past several years. I trust under
your leadership and the effort of the other Board Members and Able staff, you
will be able to take the Company to a much higher level of achievement in the
very near Future.

May God bless you all.


Warmest Regards,

/s/ Calvin M. Leung

Calvin M. Leung
<PAGE>

                                                                    Exhibit 99.1

                     TWEETER HOME ENTERTAINMENT GROUP, INC.

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 Tweeter Home Entertainment Group,
Inc. (the "Company") on Form 10-Q for the period ending March 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Jeffrey S. Stone, President and Chief Executive Officer of the Company,
certify, pursuant to U.S.C. ss. 1350, as adopted pursuant to ss. 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 of the Company as of March 31, 2003 and
      results of operations of the Company for the three and six months ended
      March 31, 2003.



                                      /s/ Jeffrey S. Stone
                                      ---------------------------------------
                                      Jeffrey S. Stone, President and
                                      Chief Executive Officer

                                      May 14, 2003