CHRIS DANIEL 4Bk HARRISCOUNTY DISTRICT CLERK

VggnW CORRECTION LETTER - DEFENDANT'S NAME

November 20, 2015

BOB WICOFF

ATTORNEY OF RECORD

1201 FRANKLIN, 13TM FLOOR

HOUSTON, TX 77002

Defendant’s Name: DONALD NEALEY

Cause No: 1481930

. Court: 228TM DISTRICT COURT

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

Notice of Appeal Filed Date: 11/17/15

Sentence Imposed Date: 11/13/15

Court of Appeals Assignment: First Court of Appeals

Appeal Attorney of Record: BOB WICOFF

Sincerely, ~

S.ioc«&s

S. NORRIS

Criminal Post Trial Deputy

CC: Devon Anderson

District Attorney

Appellate Division

Harris County, Texas

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

1 201 Franklin P.O. Box 4651 Houston, Texas 77210-4651

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 10:25:00 AM CHRISTOPHER A. PRINE Clerk
CHRIS DANIEL

9 g

HARRIS COUNTY DISTRICT CLERK

$ 9

November 18, 2015

BOB WICOFF

ATTORNEY OF RECORD

1201 FRANKLIN, 13TM FLOOR

HOUSTON, TX 77002

Defendant’s Name- DONALD NEALY

Cause No 1481930

Court: 228TM DISTRICT COURT

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

Notice of Appeal Filed Date: 11/17/15

Sentence Imposed Date: 11/13/15

Court of Appeals Assignment: First Court of Appeals

Appeal Attorney of Record: BOB WICOFF

Sincerely,

S. NORRIS

Criminal Post Trial Deputy

CC: Devon Anderson

District Attorney

Appellate Division

Harris County, Texas

MATTIE KIMBLE (DELIVERED VIA E-MAIL)

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

RECORDER’S MEMORANDUM

This instrument is of poor quality

at the time of imaging

1201 Franklin PO Box 4651 Houston, Texas 77210-4651
Cause No 4U3mz>

THE STATE OF TEXAS

-ft* fhMALA |\kS&U§y V'

A/K/A/ -V2-

qnJ& £5istrict Court / County Criminal Court at Law No. iX

Harris County, Texas FILED

Chflb Daniel

District Clerk

NOTICE OF APPEAL NOV 1 7 2015

TO THE HONORABLE Time:. JUDGE OF SAID COURT: Harris County, Texas

n- By

On l\ is (date), the defendant in the above numbered and styled caQsoulyves

NOTICE OF APPEAL of his conviction

The undesigned attorney (check appropriate box):

MOVES to withdraw

ADVISES the court that he will CONTINUE to represent t) :ndi ipq&l

\\~n- K

Date Attorney (Signature)

Attorney (Printed name) Defendant (Printed name)

State Bar Number

V~TM<3_sd_

,

1 C7V jr

Address _ .

Telephone

rid

Number

m

The deljpifdant (check all that apply):

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

appellate counsel to represent him

ASKS the Court to ORDER that a free record be provided to him

ASKS the court to set BAIL

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

Granting the requested relief

(Signature) 7 jj Defendant’s Printed name

SWORN TO AND SUBSCRIBED BEFORE ME ON

By Deputy' District Clerk of Hams County, Texas

RECORDER'S MEMORANDUM

This instrument is of poor quality

at the time of imaging

http //hcdco-mtranet2013/Crimmal/Criminal Courts/SOPs and Forms Libran /Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage I

of 2 1/09/08
ORDER

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

is NOT indigent at this time

0/ÿsfmdigent for the purpose of

(3"£mploying counsel

GJÿaying for a clerk's and court reporter's record

GTfmiploymg counsel or paying for a clerk's and court reporter's record

The Court ORDERS that

Counsel's motion to w11hd ra\ÿisGRANTEDT'DEN IED.

Defendant / appellant's motion (to betbundindigent) is DENIED

Defendant's / appellant's motion is GRANTED

_

and

(attorney's name & bar card numberl

s APPOINTED to represent defendant / appellant on appeal 1}/Lf

U C-~

t

Q

' s

The COURT REPORTER is ORDERED to prepare and file the reporter's record without charge to

defendant / appellant m

BAIL IS

TO

SET

CONTINUE

at $ _

as presently set

EL-'DENIED and is SET at NO BOND (Felony Only)

II Igwg' DATE SIGNED

JL(DGE RRESIDING.

COURT /

COUNTY CRIMINAL COURT AT LAW NO

HARRIS COUNTY, TEXAS

http //hcdco-intranet2013/Criminal/Cnminal Courts/SOPs and Forms Libran'/Criminal Forms/Notice of Appeal (2pages-without Affirmation) docPage 2

of 2 1/09/08
m

m

Cause No. 1481930 ® A

THE STATE OF TEXAS IN THE 228TM DISTRICT COURT

v. DONALD NEALEY COUNTY CRIMINAL COURT AT LAW NO.

, Defendant HARRIS COUNTY, TEXAS

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

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

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

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]

is a plea-bargain case, but the trial court has given permission to appeal, arrathÿd&amMitJÿS the

right of appeal [or]

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

the defendant has waived the right of appeal

N0V 1 3 2015

Tlme:_

Deputy

By. 'AM i U j-i /v rr

d

Judge Date Signed

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

petition for discretionary review in the court of appeals TEX R APP P 68 2 I acknowledge that, if I 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. I understand that, because of appellate deadlines, if 1 fail to timely inform my appellate attorney of any

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

Defendant Defendant's Counsel

ill AS

(<7CH tSfl

~i ® UIPT

-1(J IMl Ml

Mailing Address _

Telephone number

Fax number (if any)-

State Bar of Texas ID number

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)
fc- PAUPER’S OATH ON APPEAL

CAUSE NO.: mm93o OFFENSE: QAliMb£K

THE STATE OF TEXAS DISTRICT COURT

VS 1/ Ajoadoÿ OF

HARRIS COUNTY, TEXAS

TO THE HONORABLE JUDGE OF S,

NOW COMESA

cause, and states under oath that he is without funds, pp6perty or income. The defendant respectfully petitions

the court to:y(check all that apply)

‘

Appoint appellate counsel to represent him.

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

defendant in the above styled and numbered

day of SUBSCRIBEDÿ)|W<gRIf$) before me, this.

gffiSSft

MOV 1 7 2015

A.D., 20.

DEPUTY DISTRICT CLERK

COURT

Time:. "County, Texas HARRIS COUNTY, TEXAS Harris

oS By. Deputy ORDER <K

On nmgz the court conducted a hearing and found that the defendant is indigent.

ry The court orders that (J<J i C is appointed to represent /

_

' defendant/appellant on appeal. GWwA

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

defendant/appellant.

It is further ordered that the clerk of this court mail a copy=®f the ordertotnb court reporter: '

mAmg KI m3Lg , by certifiedmarii return receipt/requested.

JUDQtEÿRESIDING

_DISTRICT COURT

HARRIS COUNTY TEXAS

AFFIRMATION

I, IJ\I v kLO \ \

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

responsible for writingÿ brief and representing the appellant on appeal. If I am not able to preform my

Tate/qatmsel, I jyft) notify the court immediately so that the cpurt may take the

emedÿecepsary.

dutiesÿhs/dp

aomoDifatejaciflo

BAR/SPN NJUMBpC

5LllooZI

A1

3ÿ/ 443ÿ/-

ADDRESS CITY f STATE ZIP

-y\ÿ- 3(o fr- 9aig

PHONE FAX NUMBER

btfk U)\ CD{'{’CLjdh kOT.

A

EMAIL ADDRESS

SWORN TO AND SUBSCRIBED BEFORE ME ON l\&&

DEPUTY DISTRICT CLERlHSlGNATURE)

DISTRICT CLERK
APPEAL CARD

Court

mTH Cause No.

lD- Idling

The State of Texas

Vs

Id. MWe

II- 0-/3

Date Notice

Of Appeal:

Presentation: Vol._

Pg._

Judgment:

Judge Presiding l.eshe.

Court Reporter fci/»ihfe.

Court Reporter

__

Court Reporter

Vol. Pg..

Attorney

on Trial_

Robert

Attorney

on Appeal KP

Appointed_ Hired

Offense tAuÿJe.ÿ- P

Jury Trial Yes No

Punishment

Assessed

Companion Cases

(If Known)_ MVXC&I

Amount of

Appeal Bond ±0

YesÿÿNo Appellant

Confined: r

Date

To Appeal

Submitted

Sectionÿ inn* &

7

Deputy Clerk