1

REPORTER'S RECORD TRIAL COURT CAUSE NO. 04-06-11756 COURT OF APPEALS NO. 14-14-00513-CR PEDRO REYES TREJO, ) IN THE DISTRICT COUR T Appellant ) vs. ) WALLER COUNTY, TEXAS ) THE STATE OF TEXAS, ) Appellee ) 506TH JUDICIAL DISTR ICT

_____________________________________________

STATUS HEARING

_____________________________________________

On the 16th day of December, 2014, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Albert M. McCai g, Judge Presiding, held in Hempstead, Waller County, Texas. Proceedings reported by computerized stenotype machine. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 252

APPEARANCES FOR THE STATE: Ms. Laurie Sellers SBOT NO. 10143800 Waller County District Attorney's Office 645 12th Street Hempstead, TX 77445-4445 Telephone: (979)826-7718 Fax: (979)826-7722 FOR THE APPELLANT: Mr. Calvin Garvie SBOT NO. 07714300 LAW OFFICE OF CALVIN GARVIE P.O. Box 416 Bellville, TX 77418 Telephone: (979)865-5456 THE INTERPRETER: Mr. James Rivera (713)521-7373 Also Present: Chief Deputy Joe Hester 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 253

CHRONOLOGICAL INDEX

December 16th, 2014 Appearances................................... 2 Proceedings................................... 5 Adjournment................................... 4 Court Reporter's Certificate.................. 5

EXHIBITS (None offered) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 254

P R O C E E D I N G S THE COURT: This is Cause Number 04-06-11756, the State of Texas vs. Pedro Reyes Tre jo.

Mr. Trejo, Mr. James Rivera is going to assist in the interpretation of this particular mat ter, okay? Mr. Trejo, you had filed an appeal earlier b ased upon a ruling of this Court and the 14th Court of A ppeals has abated or held your appeal and ordered me to ho ld a hearing and ordered you to be present at that heari ng, and that's why we've brought you in today. Do you understand that, sir?

MR. TREJO: Yes. THE COURT: And I am required to find out if you desire to continue with your appeal. So do you wish to continue with your appeal?

MR. TREJO: Yes. THE COURT: Very well -- MS. SELLERS: And, Judge, I don't know if it needs to be more specific; but the appeal is as to the Defendant's original motion for second DNA testing and no other issues. MR. RIVERA: He understands. He concurs with what Ms. Sellers said.

THE COURT: Very well. And, sir, do you have the ability to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 255

employ your own attorney?

MR. TREJO: No. THE COURT: Very well. I'm going to appoint Mr. Calvin Garvie to handle the appeal, and I believe this will be called a Chapter 64 appeal.

MR. GARVIE: That is correct, Judge. THE COURT: And those matters that are pertaining thereto. So the Court does specifically find that Mr. Trejo does wish to pursue his appeal. The Court does find specifically that Mr. Trejo is indigent, and the Court does find that Mr. Trejo is entitled to appointed counsel. The Court does find that a reco rd of these hearings will be made, and the court reporter will be directed to file a record of these proceedings w ith the Court of Appeals no later than December 25th of 2014.

Very well. With that, do you have any questions? MR. TREJO: No.

THE COURT: You will be held here a little bit longer. Chief, do we know when we're taking him back? Today? MR. HESTER: Today.

THE COURT: Very well. I would like to allow Mr. Garvie a little bit of time to talk to Mr . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 256

Trejo before then.

MR. HESTER: No problem. THE COURT: I will prepare the proper order and this will be provided to the 14th Court o f Appeals along with the record that was made today a nd you will be allowed to pursue your appeal. Very well?

MR. TREJO: Thank you. THE COURT: Thank you, Mr. Garvie. That concludes this hearing.

(Proceedings adjourned.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 257

THE STATE OF TEXAS ) COUNTY OF WALLER )

I, Margaret Raiford, Substitute Reporter in and for the 506th District Court of Waller Count y, State of Texas, do hereby certify that the above an d foregoing contains a true and correct transcription of all portions of evidence and other proceedings requ ested by counsel to be included in this volume of the Reporter's Record, in the above-entitled and number ed cause, all of which occurred in open court or in ch ambers and were reported by me.

I further certify that this Reporter's Record of the proceedings truly and correctly refle cts the exhibits, if any, admitted by the respective pa rties.

I further certify that the total cost of the preparation of this Reporter's Record is $100.0 0 and will be paid by the County of Waller.

WITNESS MY OFFICIAL HAND on this the 26th day of December, 2014.

/s/ Margaret Raiford Margaret Raiford, CSR 9 192 Expiration Date; 12/31/ 16 Certified Shorthand Rep orter

327 N. Knox Giddings, TX 78942 (979)716-7122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25