alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 11 - 001 45 - CR

JAMES DANIEL HARRIS APPELLANT
V. THE STATE OF TEXAS STATE

---------- FROM THE 89 TH DISTRICT COURT OF WICHITA COUNTY

---------- 

### MEMORANDUM OPINION 1

----------

A jury found Appellant James Daniel Harris guilty of a drug offense enhanced to a first degree felony and assessed his punishment at life in prison and a $10,000 fine. The trial court imposed the sentence accordingly on March 25 , 2011. On April 1, 2011, the trial court issued an order nunc pro tunc
correct ing the judgment to reflect the proper amount of jail

- time credit Appellant

1 See Tex. R. App. P. 47.4.2

had earned pending trial. Appellant filed a motion for new trial on April 26, 2011, which was a day past the thirty

- day deadline set by the rules of appellate procedure. See Tex. R. App. P. 26. He also filed a notice of appeal on the same date. We sent a letter to Appellant advising him that we were concerned that we did not have jurisdiction over his appeal and as ked him to respond with evidence that he had properly addressed, stamped, and mailed his notice of appeal to the proper trial court clerk on or before the due date. In his response, Appellant advised us that he set his timetable based upon the date the trial court issued its order nunc pro tunc and not from the date sentence was imposed . He also inform ed us that he intends to seek an out

- of

- time appeal if his calendaring of the appeal was in error

. 2 A timely filed notice of appeal is essential to v est this court with jurisdiction. Slaton , 981 S.W.2d at 210. A notice of appeal is timely if it is filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court issues an appealable order. Tex. R. App. P. 26.2(a)(1). Notice of appeal may also be timely if it is filed within ninety days after the day se ntence is imposed or suspended and the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a)(2). A motion for new trial is timely if filed within thirty days after the date the trial court imposes or suspends sentence in open court.

2 We do not have authority to grant an out

- of

- time appeal. See Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an appeal is not timely perfected, a court of appeals has no jurisdiction to address the merits of the appeal and can take no action other than to dismiss it).3

Tex. R. App. P. 21.4 (a). An order nunc pro tunc does not affect the timetable from which a defendant may appeal from a judgment of conviction. See Rodarte v. State , 860 S.W.2d 108, 109, n. 1 (Tex. Crim. App. 1993) (appellate deadline s run from date sentence is imposed rather than date written judgment is entered). Appellant ’ s notice of appeal and motion for new trial were both untimely filed. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); O livo v. State , 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH Tex. R. App

. P. 47.2(b )
DELIVERED: June 30, 2011
**EXHIBIT 32(b)**

 

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 Annual Report of DRYCLEAN USA, Inc. (the “Company”) on Form 10-KSB for the year ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Venerando J. Indelicato, Principal Financial 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, to the best of my knowledge:

 

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| September 24, 2008 |   |
|--------------------|--------|

 

|  | /s/ Venerando J. Indelicato                          |  |
|--|------------------------------------------------------|--|
|  | Venerando J. Indelicato

Principal Financial Officer |
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: THE STATE OF TEXAS

RELATOR.

§

§

§

§

 § 

No. 08-10-00059-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

O P I N I O N

Relator, The State of Texas, filed a petition for writ of mandamus against the Honorable

Alejandro (Alex) Gonzalez, Judge of the County Court at Law No. 4, complaining of the trial

court’s issuance of a writ of habeas corpus ad testificandum. We conditionally grant the

mandamus.

On February 13, 2008, Jose Manuel Rodriguez-Garcia pled guilty to possession of

marijuana and was sentenced to one day in county jail. Approximately one year later, while in

federal custody on removal proceedings, Rodriguez-Garcia filed an application for writ of habeas

corpus, attacking his state conviction on grounds of ineffective assistance of counsel. A hearing

was set on the matter for February 22, 2010. Prior to that hearing, Rodriguez-Garcia filed a

motion for the issuance of a writ of habeas corpus ad testificandum, which requested the state

court to order his release from federal custody for the purposes of appearing at a hearing on his

habeas-corpus application. The trial court issued the writ ad testificandum. Subsequently, the

district attorney filed a motion to vacate the writ of habeas corpus ad testificandum in light of our

previous decisions in In re State, No. 08-09-00181-CR, 2010 WL 335630, *3 (Tex.App.--El Paso
Jan. 29, 2010, orig. proceeding)(not designated for publication), and In re State, No. 08-10-

00038-CR, — S.W.3d —, 2010 WL 144040, *3 (Tex.App.--El Paso Jan. 13, 2010, orig.

proceeding)(not yet reported).

We recently held that while a state court may entertain a hearing on an applicant’s

habeas-corpus application filed under Chapter 11 of the Texas Code of Criminal Procedure, it

has no authority to compel an inmate’s release from federal custody for purposes of attending

that hearing. See In re State, 2010 WL 335630 at *3; In re State, 2010 WL 144040 at *3. Based

on our recent decisions, we conditionally grant the Relator’s request for mandamus relief on the

trial court’s order issuing a writ of habeas corpus ad testificandum. We are confident the trial

court will vacate the order in accordance with this opinion, and the writ will issue only if the trial

court fails to do so.

February 19, 2010

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)

-2-
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1998             MAR-31-1997
<PERIOD-START>                             APR-01-1997             APR-01-1996
<PERIOD-END>                               MAR-31-1998             MAR-31-1997
<CASH>                                         241,348                  40,813
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  207,900                 291,254
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               464,433                 332,067
<PP&E>                                       9,935,953               7,826,279
<DEPRECIATION>                               5,857,900               3,049,147
<TOTAL-ASSETS>                               4,542,486               5,109,199
<CURRENT-LIABILITIES>                          443,131                 208,006
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       811,614                 711,614
<OTHER-SE>                                   1,787,711               2,211,398
<TOTAL-LIABILITY-AND-EQUITY>                 4,542,486               5,109,199
<SALES>                                      2,090,117               1,453,124
<TOTAL-REVENUES>                             2,108,459               1,465,907
<CGS>                                          663,525                 346,765
<TOTAL-COSTS>                                  663,525                 346,765
<OTHER-EXPENSES>                             3,138,160                 590,853
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             137,012                  12,787
<INCOME-PRETAX>                             (1,693,226)                515,502
<INCOME-TAX>                                  (369,569)                137,635
<INCOME-CONTINUING>                         (1,323,657)                377,867
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                (1,323,657)                377,867
<EPS-PRIMARY>                                     .830                    .265
<EPS-DILUTED>                                        0                       0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-30-1997
<CASH>                                          317240
<SECURITIES>                                  12773215
<RECEIVABLES>                                   243161
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 28806
<PP&E>                                         4154951
<DEPRECIATION>                                (654640)
<TOTAL-ASSETS>                                16862733
<CURRENT-LIABILITIES>                            55197
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    16807537
<TOTAL-LIABILITY-AND-EQUITY>                  16862733
<SALES>                                              0
<TOTAL-REVENUES>                                199709
<CGS>                                                0
<TOTAL-COSTS>                                   135304
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  64405
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              64405
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     64405
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>   1
                                                                     EXHIBIT 5.1


                            [AMY WATERS LETTERHEAD]





                                 June 30, 1998


U.S. Automobile Acceptance SNP-III, Inc.
1120 N.W. 63rd
Suite G-106
Oklahoma City, Oklahoma 73116

Gentlemen:

         Reference is hereby made to the Registration Statement on Form S-1,
File No. 333-44189 (the "Registration Statement"), of U.S. Automobile SNP-IV,
Inc., a Texas corporation (the "Company"), filed under the Securities Act of
1933, as amended (the "Act"), covering the proposed issuance and sale of up to
$40,000,000 aggregate principal amount of Asset-Backed Promissory Notes (the
"Notes"), to be issued under an indenture (the "Indenture") to be entered into
between the Company and Sterling Trust Company, as trustee (the "Trustee").

         In connection therewith, I have reviewed originals or copies
authenticated to my satisfaction of (i) the Certificate of Incorporation and
By-Laws of the Company, (ii) the Minute Book of the Company containing the
minutes of directors' and shareholders' meetings and actions, (iii) the
Registration Statement and the exhibits thereto, including the proposed forms
of the Notes and the Indenture, and (iv) such certificates of public officials
and of officers of the Company as I have deemed necessary as a basis for the
opinions herein expressed.  As to some questions of fact material to these
opinions, I have, where relevant facts were not independently established,
relied upon a certificate of officers of the Company.

         Based upon the foregoing, I am of the opinion that:

         1.      The Company is a corporation duly incorporated and validly
existing under the laws of the State of Texas.

         2.      The Indenture and the Notes have been validly authorized by
the Company.  After the Indenture has been duly executed and delivered on
behalf of the Company, the Trustee, and the Servicer named therein, the Notes,
when executed, authenticated, issued and delivered pursuant to the Indenture
and sold as contemplated by the Registration Statement, will be legally issued
and will constitute valid and binding obligations of the Company.
<PAGE>   2
U.S. Automobile Acceptance SNP-IV, Inc.
June 30, 1998
Page 2





         I hereby consent to the filing of this opinion with the Securities and
Exchange Commission as an exhibit to the Registration Statement and to the
reference to this firm under the heading "Legal Matters" in the Prospectus
included therein.  This letter consent does not constitute a consent under
Section 7 of the Act, and in permitting my name to appear under the heading
"Legal Matters" I have not certified any part of the Registration Statement,
or, except in connection with the filing of this opinion, otherwise come within
the category of persons whose consent is required under Section 7 or under the
rules or regulations of the Securities and Exchange Commission.

                                        Sincerely,



                                        Amy Waters
|   | (1) | the      Quarterly Report of Willamette Valley Vineyards, Inc. on Form 10-Q for the      quarterly period ended September 30, 2009 (the “Report”) fully complies      with the requirements of Section 13(a) or 15(d) of the Securities Exchange      Act of 1934; and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | information      contained in the Report fairly presents in all material respects the      financial condition and results of operations of Willamette Valley      Vineyards, Inc. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Jeffrey J. Fox  |   |
|--------|---------------------|--------|
| Name:  | Jeffrey      J. Fox |   |
| Title: | Controller          |   |

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4527 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4527

     To enhance the criminal penalties for illegal trafficking of 
           archaeological resources, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2004

 Mr. Pallone introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
     To enhance the criminal penalties for illegal trafficking of 
           archaeological resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Enhanced Protection of Our Cultural 
Heritage Act''.

SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

    (a) Enhanced Penalty for Illegal Trafficking in Archaeological 
Resources.--Section 6(d) of the Archaeological Resources Protection Act 
of 1979 (16 U.S.C. 470ee(d)) is amended by striking ``not more than 
$10,000'' and all that follows through the end of the subsection, and 
inserting ``not more than $100,000, imprisoned not more than 10 years, 
or both.''.
    (b) Enhanced Penalty for Embezzlement and Theft From Indian Tribal 
Organizations.--Section 1163 of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``10 years''.
    (c) Enhanced Penalty for Illegal Trafficking in Native American 
Human Remains and Cultural Items.--Section 1170 of title 18, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or attempts to sell, purchase, 
                use for profit, or transport for sale or profit,'' 
                before ``human remains''; and
                    (B) by striking ``or imprisoned not more than 12 
                months, or both, and in the case of a second or 
                subsequent violation, be fined in accordance with this 
                title, or imprisoned not more than 5 years'' and 
                inserting ``imprisoned not more than 10 years''; and
            (2) in subsection (b), by striking ``imprisoned not more 
        than one year, or both, and in the case of a second or 
        subsequent violation, be fined in accordance with this title, 
        imprisoned not more than 5 years'' and inserting ``imprisoned 
        not more than 10 years''.
                                 <all>
```
**Exhibit31.1**

 

CERTIFICATION OF CHIEFEXECUTIVE OFFICER PURSUANT TO RULE 13a-14(a) OF THE SECURITIES EXCHANGE ACT OF1934

 

I,James W. Bernau, certify that:

 

1.   Ihave reviewed this quarterly report on Form 10-QSB of Willamette ValleyVineyards, Inc.;

 

2.   Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.   Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.  The small business issuer’s other certifyingofficer(s) and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) for the small business issuer and have:

a)  Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to thesmall business issuer, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during the period in whichthis report is being prepared;

b)  Evaluated the effectiveness of the smallbusiness issuer’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

c)  Disclosed in this report any change in thesmall business issuer’s internal control over financial reporting that occurredduring the small business issuer’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the smallbusiness issuer’s internal control over financial reporting; and

 

5.   Thesmall business issuer’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe small business issuer’s auditors and the audit committee of the smallbusiness issuer’s board of directors (or persons performing the equivalentfunctions):

a)  All significant deficiencies and materialweaknesses in the design or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the small business issuer’sability to record, process, summarize and report financial information; and

b)  Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in the smallbusiness issuer’s internal control over financial reporting.

 
| Date: November 14, 2007                                |
|--------------------------------------------------------|
| /s/ James W. Bernau                                    |   |
|      James  W. Bernau,        |
|      Chief  Executive Officer |

 

1

----
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EXHIBIT
32.2




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 Magnitude Information Systems, Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2009 (the "Form 10-Q"),
I, Joerg H. Klaube, Chief Financial Officer of the Company, certify, as of the
date hereof, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to the best of myknowledge, that the
Company's Form 10-Q fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information contained
in the Form 10-Q, fairly presents, in all material respects, the financial
condition and results of operations of the Company.





Dated:  August
      14, 2009
              /s/  Joerg H.
      KlaubeJoerg
      H. Klaube, Chief Financial
Officer