alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued February 26 , 2013

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 12
- 00288
- CR NO. 01
- 12
- 00289
- CR

——————————— JOSE ANGEL HUERTA , Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 185th District Court Harris County, Texas T rial Court Cause No s. 1315496 and 1315497

MEMORANDUM OPINION
In each of trial court cause numbers 1315496 and 1315497 , a ppellant , Jose Angel Huerta , pleaded guilty to the offense of aggravated sexual assault of a child , pursuant to an agreed recommendation from the State as to punishment

. In each2 cause number , the trial court found appellant guilty and, i n accordance with

a ppellant’s plea agreement w ith the State , sentenced appellant to confinement for 16 years, with the sentences to run concurrently. Appellant , proceeding pro se, filed a notice of appeal in each ca u se . We dismiss the appeal s for want of jurisdiction

. In a plea

- bargain case, a defen dant may appeal only those matters that were raised by written motion filed and ruled on before trial, or after getting the trial
court’ s permission to appeal. T EX
. R. A PP
. P. 25.2(a)(2). An appeal must be dismissed if a certification showing that the de fendant has the right of appeal has not been m ade part of the record. T EX
. R. A PP
. P. 25.2 (d).
T he clerk’s record filed in each appeal reflects that the trial court certified that the case below is a plea

- bargain case and that appellant has no right of appeal.
See T EX
. R. A PP
. P. 25.2(a)(2). The clerk’s record in each case s upport s the trial
court’ s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005). Further, in each ca se, t he record does not include any pre trial written motions filed by the defense on which the trial court ruled adversely to the defense , and appellant did not get the trial court’s permission to appeal

. See T EX
. R. A PP
. P. 25.2(a)(2) ; Barcenas v. State , 137 S.W.3d 865, 866 (Tex. App.

— Houston [1st Dist.] 2004, no pet.)

.3 Because appellant has no right of appeal , we must dismiss the appeal s . See Chavez v. State , 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals, while having jurisdiction to ascertain whether an appellant who ple a bargained is permitted to appeal by Rule 25.2(a)(2), must dismiss a prohibited appeal without further action, regardl ess of the basis for the appeal.”)

. Accordingly, we dismiss the appeal s for want of jurisdiction. All pending motions are dismissed as moot. PER CURIAM Panel consists of Chief Justice Radack and Justice s Higley and Brown

. Do not publish. T EX
. R. A PP
. P. 47.2( b).
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection withthe Quarterly Report of Summer Infant, Inc. (the “Company”) on Form 10Qfor the period ending March 31, 2009 (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, I Joseph Driscoll, ChiefFinancial Officer of the Company, certify pursuant to Sec. 906 of theSarbanes-Oxley Act of 2002, that:

 

1.               The Report fully complies with the requirements ofsection 13 (a) or 15(d) of the Securities Exchange Act of 1934, asamended; and

 

2.               The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| /s/ Joseph Driscoll     |              |   |
|-------------------------|-------------------|--------|
| Joseph Driscoll         | May 14, 2009 |   |
| Chief Financial Officer |              |   |

 

----
[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Notices]
[Page 25739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12830]



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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board <SUP>1
[STB Finance Docket No. 32938]


Bootheel Regional Rail Corporation and Bootheel Rail Properties, 
Inc.--Acquisition and Operation Exemption--Burlington Northern Santa Fe 
Corporation

    Bootheel Regional Rail Corporation (BRRC) and Bootheel Rail 
Properties, Inc. (BRPI), noncarriers, have filed a verified notice of 
exemption under 49 CFR 1150.31 for BRPI to acquire and BRRC to operate 
a 26.63-mile rail line (together with incidental and appendent branch 
line rights-of-way, now discontinued, and spur tracks) from the 
Burlington Northern Santa Fe Railroad as follows: (1) Branch Line 
between Hayti, MO, (milepost 212.73), and Kennett, MO, (milepost 
230.00); (2) discontinued Branch Line right-of-way from Kennett, MO, 
(milepost 230.00), to Holcomb, MO, (milepost 233.15); (3) discontinued 
Branch Line right-of-way from Kennett, MO, (milepost 230.00), to 
Senath, MO, (milepost 233.52); (3) discontinued Piggott Stub Branch 
Line right-of-way, (milepost 222.19 to milepost 223.40); and (4) 
discontinued Branch Line from Hayti, MO, (milepost 212.90), to 
Caruthersville, MO, (milepost 214.38).
---------------------------------------------------------------------------

    \1\ The ICC Termination Act of 1995, Pub. L. No. 104-88, 109 
Stat. 803, which was enacted on December 29, 1995, and took effect 
on January 1, 1996, abolished the Interstate Commerce Commission and 
transferred certain functions to the Surface Transportation Board 
(Board). This notice relates to functions that are subject to Board 
jurisdiction pursuant to 49 U.S.C. 10901.
---------------------------------------------------------------------------

    The transaction was to be consummated on or after May 8, 1996.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to reopen the proceeding to 
revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. 
The filing of a petition to revoke will not automatically stay the 
transaction.
    An original and 10 copies of all pleadings, referring to STB 
Finance Docket No. 32938, must be filed with the Surface Transportation 
Board, Office of the Secretary, Case Control Branch, 1201 Constitution 
Avenue, N.W., Washington, DC 20423. In addition, a copy of each 
pleading must be served on Allan A. Maki, Jr., Esq., 1563 Grandview 
Drive, Cape Girardeau, MO 63701-2223.

    Decided: May 16, 1996.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 96-12830 Filed 5-21-96; 8:45 am]
BILLING CODE 4915-00-P
IV 

111TH CONGRESS 

1ST SESSION H. RES. 255 

Expressing support for designation of the month of September as ‘‘National 

Atrial Fibrillation Awareness Month’’ and supporting efforts to educate 

the public about atrial fibrillation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Mr. RUPPERSBERGER (for himself and Ms. GRANGER) submitted the following 

resolution; which was referred to the Committee on Energy and Commerce 

RESOLUTION 

Expressing support for designation of the month of September as ‘‘National Atrial Fibrillation Awareness 

Month’’ and supporting efforts to educate the public 

about atrial fibrillation. 

Whereas atrial fibrillation is a cardiac condition in which 

electrical pulses disrupt the regular beating of the atria 

in the heart, hampering the atria’s ability to fill the ventricles with blood, thus allowing blood to pool in the atria 

and form clots; 

Whereas atrial fibrillation is the most common cardiac malfunction and affects at least 2,200,000 people in the 

United States, with increased prevalence anticipated as 

the United States population ages; 


jbell on PROD1PC69 with BILLS
2 

•HRES 255 IH 

Whereas atrial fibrillation is associated with an increased 

long-term risk of stroke, heart failure, and all-cause mortality, especially among women; 

Whereas atrial fibrillation accounts for approximately onethird of hospitalizations for cardiac rhythm disturbances; 

Whereas according to the American Heart Association, 3 to 

5 percent of people in the United States age 65 and older 

are estimated to have atrial fibrillation; 

Whereas atrial fibrillation is recognized as a major contributor of strokes, with an estimated 15 to 20 percent of 

strokes occurring in people with the condition; 

Whereas it is estimated that atrial fibrillation costs $3,600 

per patient annually for a total cost burden in the United 

States of $15,700,000,000; 

Whereas obesity is an important risk factor of atrial fibrillation; 

Whereas better patient and health care provider education is 

needed for the timely recognition of atrial fibrillation 

symptoms; 

Whereas more research into effective treatments for atrial fibrillation is needed; and 

Whereas September is an appropriate month to observe ‘‘National Atrial Fibrillation Awareness Month’’: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of a ‘‘National 

3 Atrial Fibrillation Awareness Month’’; 


jbell on PROD1PC69 with BILLS
3 

•HRES 255 IH 

1 (2) supports ‘‘National Atrial Fibrillation 

2 Awareness Month’’ and efforts to educate people 

3 about atrial fibrillation; 

4 (3) recognizes the need for additional research 

5 into treatment for atrial fibrillation; and 

6 (4) encourages the people of the United States 

7 and interested groups to observe and support ‘‘Na8 tional Atrial Fibrillation Awareness Month’’ through 

9 appropriate programs and activities to promote pub10 lic awareness of atrial fibrillation and potential 

11 treatments for it. 

Æ 


jbell on PROD1PC69 with BILLS
|   | Exhibit      4.1 |
|--------|------------------|

|   | New      Oriental Energy & ChemicalCorp. |
|--------|----------------------------------------------|

|   | INCORPORATED      UNDER THE LAWS OF THE STATE OFDELEWARE |
|--------|----------------------------------------------------------|

|   | AUTHORIZED:      30,000,000 COMMON SHARES, $0.001 PARVALUE |
|--------|------------------------------------------------------------|

|   | This      Certifies That  __________________________________________ |
|--------|----------------------------------------------------------------------|

|   | Is      The Owner of  ____________________________________________ |
|--------|--------------------------------------------------------------------|

|   | FULLY      PAID AND NON-ASSESSABLE COMMON SHARES, $0.001 PAR VALUE  OF |
|--------|------------------------------------------------------------------------|

|   | New      Oriental Energy & ChemicalCorp. |
|--------|----------------------------------------------|

|   | /s/       |   | /s/                          |
|--------|-----------|--------|------------------------------|
|   |      |   |                         |
|   | President |   | Chief      Executive Officer |

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 428 Engrossed in House (EH)]

H. Res. 428

                In the House of Representatives, U. S.,

                                                         June 15, 2009.
Whereas fathers factor significantly in the lives of children;
Whereas fathers play an important role in teaching their children life lessons 
        and preparing them to succeed in school and in life;
Whereas children with involved fathers are more likely to do well in school, 
        have a better sense of well-being, and have fewer behavioral problems;
Whereas supportive fathers promote the positive physical, social, emotional, 
        moral, and mental development of children;
Whereas promoting responsible fatherhood can help increase the chances that 
        children will grow up with two caring parents;
Whereas, when fathers are actively involved in the upbringing of children, the 
        children demonstrate greater self-control and a greater ability to take 
        initiative;
Whereas responsible fatherhood can help reduce child poverty;
Whereas responsible fatherhood strengthens families and communities; and
Whereas Father's Day is the third Sunday in June: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) commends the millions of fathers who serve as a wonderful, 
        caring parent for their children;
            (2) calls on fathers across the United States to use Father's Day to 
        reconnect and rededicate themselves to their children's lives, to spend 
        Father's Day with their children, and to express their love and support 
        for their children;
            (3) urges men to understand the level of responsibility fathering a 
        child requires, especially in the encouragement of the mental, moral, 
        social, academic, emotional, physical, and spiritual development of 
        children; and
            (4) encourages active involvement of fathers in the rearing and 
        development of their children, including the devotion of time, energy, 
        and resources.
            Attest:

                                                                          Clerk.
```
#### Charles BISHOP, Appellant, v. STATE of Missouri, Respondent.

No. 20601.

Missouri Court of Appeals, Southern District, Division One.

July 15, 1996.

David Simpson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

PREWITT, Judge.

Movant filed a motion under Rule 24.035, seeking to vacate convictions following his pleas of guilty to robbery and to sodomy. Following an evidentiary hearing, the motion was denied. Movant appeals, presenting one point relied on.

Movant contends that he received ineffective assistance of counsel because his counsel “failed to understand the fingerprint evidence correctly” until the second day of trial. He asserts that he entered “his guilty plea involuntarily because he was therefore forced to decide between continuing his trial with no theory of defense or accepting the plea bargain.”

A claim of ineffective assistance of counsel following pleas of guilty “is immaterial except to the extent that it impinges upon the voluntariness and knowledge with which *223the pleas of guilty are made.” *Hagan v. State,*836 S.W.2d 459, 463 (Mo. banc 1992). Movant must show that his representation fell below the objective standard of reasonableness and he was prejudiced. *Id.*

Apparently, Movant’s counsel in the criminal matter, as well as the assistant prosecutor representing the State, interpreted a report on a fingerprint to indicate it was not Movant’s fingerprint. In fact the fingerprint examiner intended to indicate by his report that the fingerprint was not sufficiently clear for him to identify to whom it belonged.

Even if we assume that Movant’s criminal defense counsel failed to properly interpret or investigate the report, a question we do not decide, Movant has not shown how he was prejudiced. He contends he was left with no defense but does not state what defense there might have been. Absent there being some defense, he could not have been prejudiced. It may be that he was relying on a defense that did not exist and when that was discovered, no defense other than to make the State prove its case was available.

The trial court found that Movant’s criminal defense counsel adequately prepared and was not ineffective. Those findings were supported by the record and not clearly erroneous. *See*Rule 24.035(k).

The judgment is affirmed.

GARRISON and BARNEY, JJ., concur.
**Exhibit32.1**

CERTIFICATIONPURSUANT TO

18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersignedhereby certifies, for the purposes of section 1350 of chapter 63 of title 18 ofthe United States Code, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, in his capacity as an officer of IHS Inc. (the “Company”),that, to his knowledge, the Form 10-Q of the Company for the period ended May31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that the information contained in suchreport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

This written statement isbeing furnished to the Securities and Exchange Commission as an exhibit to suchreport.  A signed original of thisstatement has been provided to the Company and will be retained by the Companyand furnished to the Securities and Exchange Commission or its staff uponrequest.

Date: June 27, 2007
| /s/ Jerre L. Stead                                   |   |
|------------------------------------------------------|--------|
| Jerre L. Stead                                       |
| Chairman and Chief Executive Officer                 |
|                                                 |
| /s/ Michael J. Sullivan                              |   |
| Michael J. Sullivan                                  |
| Executive Vice President and Chief Financial Officer |

 

----
#### Robert John Winters SMITH, Respondent, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Appellant.

No. 69712.

Missouri Court of Appeals, Eastern District, Division One.

June 25, 1996.

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Asst. Atty. Gen., Mo. Dept, of Revenue, Jefferson City, for appellant.

Eckelkamp, Eekelkamp, Wood & Kuenzel, Gael D. Wood and James W. McGettigan, Jr., Washington, for respondent.

*335KAROHL, Judge.

The State of Missouri appeals dismissal of a driving while intoxicated charge against defendant, Robert John Winters Smith. The trial court found the prosecution of the charge violated Double Jeopardy Clause because defendant previously had his license administratively suspended.

This case is controlled by the Missouri Supreme Court’s recent decision in *State v. Mayo,*915 S.W.2d 758 (Mo. banc 1996). There, the court held the sanction of a license revocation or suspension is not punishment for the purposes of the Double Jeopardy Clause. It held a charge of driving while intoxicated is not barred by Double Jeopardy because the defendant’s license had been administratively suspended. Thus, it reversed the trial court’s dismissal of the charge against defendant. The facts of the present case are identical to those in *Mayo*and the holding is equally decisive.

The judgment is reversed and the cause remanded for further proceedings.

REINHARD, P.J., and GRIMM, J., concur.
1 John T. B oyd, C hief J ustic e (R et.), Se ven th C ourt o f Ap pea ls, sitting b y ass ignm ent. T EX
. G OV ’ T

C ODE A NN . §75 .002 (a)(1 ) (Ve rnon Sup p. 20 04). NO. 07-03-0436-CR IN THE COUR

T OF APPEALS FOR THE SEVEN TH DISTRICT OF TEXAS

AT AMARILLO PANEL E MARCH 19, 2004

______________________________ RICARDO D WAYNE GOMEZ, Appellant

v. THE STATE OF TEXAS, Appellee

_________________________________ FROM THE 181 ST DISTRIC T COURT O F RANDALL COUNTY; NO. 8,543-B; HON. JOHN B. BOARD, PRESIDING

_______________________________ Before QUINN and REAVIS, JJ., an d BOYD, S.J. 1 App ellan tRicardo Dwayne Gomez appeals his conviction for driving while intoxicated. Pursuant to a plea bargai n, appellant entered a plea of g uilty tothe charge, and the trial court assessed punishment at five y ea rs in prison. However, the sentence
was suspended and app ellant was placed on three years community sup ervisi on. The trial court eventually

revoked appe llant’s pr obation, upon motion by theState, and sentenced him to five years imprisonment. Appellant timely noticed his appeal, and co un sel was2

appointed. The latter

moved to w ithdraw a fter filing a b rief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), an d representin g that she h ad searched the record and found no arguable grounds for r eve rsal. The motion and brief illustrated that appellant was informed of his rights to review the appellate record and file his own brie f. So too did we inform appellant t hat any bri ef he cared to file had to be filed by March 11, 2004. To date, appellant has filed no pro se response or brief. No r has he moved for an ex

tension of time to fil e same. After conducting an independent review of the record, we find no reversible error. Appellant

informed the court vi a the plea admonishment papers he sig ned that he was 1) prope rlyi ndicted, 2) r

epresented by

legal couns el, and 3) mental ly competent when entering his plea. F urthermore, the punishment levied was within the range pr ovided by statute. And, because no app eal was ta ken wit hin 30 days from the date o f appellant's initial convicti on, we have no jurisdi ction over pur ported e rror arising at or before his original plea hearing

. Manuel v. Stat e , 994 S.W.2d 658, 661 ( Tex. Cr im. App. 1999). Acco rdin gly, counsel's moti on to withdr aw is granted, and the judgment of the trial court is affirmed.

Brian Quinn Justice Do not publish

.
[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Notices]
[Page 24289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11962]



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DEPARTMENT OF COMMERCE
[I.D. 050796B]


Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Pacific Fishery Management Council's (Council) Southern 
Habitat Panel will hold a public meeting.

DATES: The meeting will be held on May 29, 1996, beginning at 10 a.m.

ADDRESSES: The meeting will be held at the offices of the Gulf of 
Farallones National Marine Sanctuary, Building 991 located at Crissy 
Field (the old Coast Guard Station), The Presidio, San Francisco, CA 
94129; telephone: (415) 556-3509.
    Council address: Pacific Fishery Management Council, 2130 SW Fifth 
Avenue, Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: John Coon, Fishery Management 
Coordinator (Salmon); telephone: (503) 326-6352.

SUPPLEMENTARY INFORMATION: The purpose of this meeting is to discuss 
and develop recommendations for Council action on regional habitat 
issues which merit consideration at this time.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Eric Greene at (503) 326-6352 at least 5 days 
prior to the meeting date.

    Dated: May 8, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-11962 Filed 5-13-96; 8:45 am]
BILLING CODE 3510-22-F