CHRIS DANIEL

9 HARRIS COUNTY DISTRICT CLERK

July 24, 2015

HONORABLE CATHERINE EVANS

180TM DISTRICT COURT

HARRIS COUNTY

Defendant’s Name: JAY COLBY FITZGERALD

Cause No: 1474580

Court: 180th DISTRICT COURT

Please note the following appeal updates on the above mentioned cause:

Notice of Appeal Filed Date: 7-23-15

Sentence Imposed Date: 7-23-15

Court of Appeals Assignment: First Court of Appeals

Appeal Attorney of Record: TO BE DETERMINED

Sided

fc-Arriaga / /

Criminal PpstTnal Deputy

4: Devon Anderson

District Attorney

Appellate Division

Harris County, Texas

KATHERINE POWERS (DELIVERED VIA E-MAIL)

This is your notice to inform any and all substitute reporters in this cause.

1201 Franklin P.O.Box 4651 Houston, Texas 77210-4651

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/30/2015 10:48:27 AM CHRISTOPHER A. PRINE Clerk
'Cause No. _}'TT4S$0 rz

THE STATE OF TEXAS % f

Pi17 .'A/KJAJ_

ifow District Coart / CouutyCi iuiiuul COUITai LAW No. FT

ChrisLED

Daniel nintrtat Glerfc,

Harris County, Texas

NOTICE OF APPEAL JUL 23 2015

Time:

TO THE HONORABLE JUDGE OF SAID COURT: narn» County, TexaT

NOTICE

njatdk

OF APPEAL

_

of his conviction.

uoputy

On (date), the defendant in the above numbered and styled cause gives

The undesigned attorney (check appropriate box):

tj MOVES to withdraw.

O ADVISES the court that he will CONTINUE to represent the defendant on appeal.

nlrln/if Vkd

Tfcw fnllnfirdd

Defendant (Printto name)"

l hi

Date Attorney (Signature)

Xlto'e vZVvVimr

Attorney (Printed name)

0&>rf-)oo

State Bar Number

QnmItIt*

Address

Telephone Number 8ÿ

The defendant (check all that apply):

ar REPRESENTS to the court that he is presently INDIGENT and ASKS the court to immediately APPOINT

agpeHate counsel to represent him.

SET A§KS the Court to ORDER that a free record be provided to him.

aÿASKS the court to set BAIL.

Accordingly, Appellant ASKS the Court to conduct a hearing, make findings, and enter an Order

Granting the requested relief.

BL&.

Defendant's Pritufrd

if

fiulrJ tr \

Deÿndaoÿignaturej name (8/

SWORN TO AND SUBSCRIBED BEFORE ME ON •

—-

: / i —i

By Deputy District Clerk of Harris County, Texas

hnp;//hcdco-intianci/Criminal/Crimmal Coum/SOPs and Forms Library/Criminal Forms/Nolice of AppeaJ (3 pages-w AfIimiaiion).docx Page 1 of 3

06/01/06
V

* ORDER

On the Court conducted a hearing and FINDS that defendant / appellant

is NOT indigent at this time.

indigent for the purpose of

employing counsel

paying for a clerk’s and court reporter’s record.

.ÿEmploying counsel or paying for a clerk’s and court reporter’s record.

The Court ORDERS that -s.

efÿCounsel’s motion to withdrawÿ GRANTED

Defendant / appellant’s motion (toEe tound indigent) is DENIED.

/DENIED.

Defendant’s / appellant’s motion is GRANTED and

(attorney’s name & bar card number)

is APPOINTED to represent defendant / appellant on appeal.

REPORTER is ORDERED to prepare and file the reporter’s record without charge to

defendant / appellant.

BAIL IS:

To

SET

CONTINUE

at $

_

as presently set.

and is SET at No BOND. (Felony Only)

DATE SIGNED: 1'**>-{<>

-ÿXAS 'J--. S'.

JUDGETRESTCING,

tffio DISTRICT COURT /

GoyNTY CRIMINAL COURT AT LAW NO.

.

SBvftRis COUNTY, TEXAS

/ *!

§/ \

°

!

W\

/

http://hcdco-iinmnei/Criminal/CrimmaJ Coorts/SOPs and Forms Library/Crimmsl Forms/Noiict of Appeal (3 pages-w A(Tirmalion).docx Page 2 of 3

06/01/06
Cause No. I

IN

©

THE THE STATE OF TEXAS IÿQIDISTRICT COURT

v. COUNTY CRIMINAL COURT AT LAW NO.

_, Defendant

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

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

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

FI is a plea-bargain case, but matters were raised by written motion filed and ruled on before trial, and

not withdrawn or waived, and the defendant has the right of appeal, [or]

I I is a plea-bargain case, but the trial court has given permission to appeal, and the defendant has the

right of appeal, [or]

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

I I the defendant has waived the right of appeal.

HARRIS COUNTY, TEXAS

Judge Date Signed

1 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. 1 have been admonished that my attorney must mail a copy of the court of

appeals's judgment and opinion to my last known address and that I have only 30 days in which to file a pro se

petition for discretionary review in the Court of Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that, if 1

wish to appeal this case and if I 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. 1 understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any

change in my address, I may lose the opportunity to file a prose petition for discretionary review.

"Owe_\Moh Dÿndmt Defendant’s Counsel o

lumber Qh Mil?£3

~ljC>

Mailing Address:_

Telephone numfeie:

Fax number (if

State Bar of Texas ED n

Mailing Address:

Telephone number:

Fax number (if any):

* “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 a written motion filed

and ruled on before trial, or (B) after getting the trial court's permission to appeal.” TEXAS RULES OF APPELLATE PROCEDURE

25.2(a)(2).

310

B

“•PUtJ"

CLERK

9/1/2011
PAUPER'S OATH ON APPEAL

mm-sspo [mÿss' ?z r OFFENSE: A£i£-y

jUI DISTRICTCOUR'Pfÿ

HARRIS COUNTY, TE&A£ J°L 24

Ojpjp%sÿÿ

AAÿ(LQC£XJ P\\ fa P(£ALQ defendant in the above styled andnumBSred

cause, and states under oath thatlie is without funds, property or income. The defendant respectfully petitions

the court to: (check all that apply)

Appoint appellate counsel to represent him.

Asks the court to order that a free record be provided to him.

/ DpENB&fT V

SUBSCRIBED AND SWORN to before me, this dav of~ÿU-ÿ

CAUSE NO.:

THE STATE OF TEXAS

VS. OF

TO THE HONORABLE IUDGE OF SAID COURT:

NOW COMES

A.D., 20 15T

iternty DISTRICT CLERK 1)0 DISTRICT COURT

[ARRIS COUNTY, TEXAS

ORDER OnVÿyAÿ the court conducted a hearing and found that the defendant is indigent.

$3) The court orders thatÿÿ cVvoxi?. PP\ÿ-£r\f IMjs appoi

defendant/appellant on appeal.

The court reporter is ordered to prepare and file the reporter’s record without charge to the

defendant/appellant.

*

It isfurthfr ordered that the clerk of this court mail a copy of the order to the court reporter

r\ vu\ k)IC _, by certified mtuTretum retfeip) requested.

nted to represent

JUDGWRESII5ING iXO DISTRICT COURT

HARRIS COUNTY, TEXAS

AFFIRMATION

I, K\ A-ÿÿttomey at Law, swear or affirm that I will be solely

responsible for writing a brief and representing the appellant on appeal. If 1 am not able to preform my

duties as appellate counsel, I will notify the court immediately so that the court may take the

appropriate action as deemed necessary.

ATTORNEY (SIGNATURE! V BAWSPN NUMBER

CITY STATE ZIP

in PW ?Tr7

FAX NUMBER

ADDRESS

PHONE

tu rVt n rop/S)

EMAILADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON

DEPUTY DJSTÿCT CLERK (SIGNATURE)

DISTRICT CLERK
„

Cause No.

THE STATE OF TEXAS

<3A-C| P-|T7faKlPA*fV A/K/A/

\toTYf District Court / County CHlnlmU Coui I atLuw-Ntr.

Harris County, Texas

OATH OF APPOINTED ATTORNEY ON APPEAL

I, 1/ Attorney at Law, swear or affirm that I will be solely

responsible for writing a brief and representing the appellant on appeal. If I am not able to perform my

duties as appellate counsel, I will notify the Court immediately so that the Court may take the appropriate

Action as deemed necessary.

U*.

Attomey-at-Law (Signature)

!3

BAR Number / SPN

9P.?2>X

Address City / State / Zip

'13 ~V3_

Phone FAX

SWORN TO AND SUBSCRIBED

* _0/ÿ BEFORE ME ON

w

II By Deputy District Clerk of Harris County, Texas

\r: /

N,, tic's'll&/ÿ

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06/01/06
APPEAL CARD

Cause No. .. ifc units <gp

The State of Texas

Vs

\ftrU doufou £TT7.&ie£ft<-&

Date Notice

Of Appeal: .

Presentation: Vol. Pg-.

Vol.

_

Pg._

Judge PresidingÿJVTW00AV-ÿ Cvf -/VlO

Judgment:

Court Reporter

Court Reporter

Court Reporter

Attorney

on Trial

onAITP“pw'XP t>eTÿ(vi'PCQ

Appointed_

Hired

frkfafcftnU'tgft Offense iL&tbbgCÿ

Jury Trial Yes)/_ No

Punishment

Assessed_

Companion Cases

(If Known)_

Amount of

Appeal Bond. /&L

Appellant

Confined: Yes No

JUL 2 4 2015

Date Submitted

To Appeal Section

Deputy Clerk