14-12-00893-CR Eduardo Perez v. The State of TexasAppeal from 228th District Court of Harris County

On original submission appellant appealed the assessment of court costs and this court modified the judgment to delete the assessment. The Court of Criminal Appeals dismissed a portion of appellant’s appeal, and reversed and remanded a portion of the costs to be reviewed by this court.
On June 30, 2008, appellant pleaded guilty to burglary of a habitation and, pursuant to a plea agreement, was placed on three years’ deferred -adjudication community supervision and fined $300. The Order of Deferred Adjudicat ion included a designation of court costs of $203. Appellant did not appeal. In October of 2008, the State filed a motion to adjudicate appellant’s guilt. Continue reading
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01-96-00259-CR Medina, Arturo Melo v. The State of TexasAppeal from 180th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONEMORANDUM RDER

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CAFDTHMOArturo Melo Medina v. The State of Texas Appellate case numbers: 01-96-00259-CR; 01-96-00260-CR; 01-96-00261-CRTrial court case numbers: 9427214; 9427213; 9427947Trial court:180th District Court of Harris County Medina v. State, 962 S.W.2d 83, 88 (Tex. App.–Houston [1st Dist.] 1997, pet. ref’d). Our mandate issued on June 8, 1998 and provided the following: judgment, and we may still enforce or suspend enforcement of [our] judgment. T.R.A.P. 19.3(c). Appellant, however, already has the relief he requests because this court’s opinion and mandate already reformed the trial court’s judgment. Moreover, appellant’s request that we command the trial court to comply with the mandate ignores the fact that the mandate did not require the trial court to take any action to reform its judgment; rather, the mandate, itself, reformed the judgment. denied. Acting individually Acting for the Court Continue reading

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01-12-00957-CR David Angel Ramos v. The State of TexasAppeal from 10th District Court of Galveston County – Pub.

Appellate case name:Appellate case number:
Trial court case number:Trial court:

01-12-00957-CR

12CR0162

10th District Court of Galveston County

Appellant’s counsel has filed a Motion for Leave to Withdraw. Because ouropinion in this appeal has issued, appellant’s appeals are exhausted, counsel hasfulfilled his duty to represent appellant, and we dismiss the motion as moot.
We issued our opinion in this appeal on January 7, 2014. Once our opinion issues,appointed counsel has the duty to inform appellant of the result of the direct appeal andthe availability of discretionary review. Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim. App. 1997). But, because there is no right to counsel on discretionary review, theduty of counsel ends there. Id.; see TEX.CODE CRIM.PROC.ANN. arts. 1.051(d)(2),26.04(j)(2) (West Supp. 2013) (providing right to appointed counsel for eligible indigentdefendant in Court of Criminal Appeals if appeal is directly from trial court or petitionfor discretionary review has been granted; requiring appointed counsel to represent
defendant until appeals are exhausted); Ayala v. State, 633 S.W.2d 526, 528 (Tex.
Crim. App. 1982) (holding that appointed counsel has no duty to file petition fordiscretion review on behalf of appellant). Therefore, although counsel may have a dutyto inform appellant, if he has not already done so, of our decision and that appellant hasthe right to file a petition for discretionary review, counsel has fulfilled his duty torepresent appellant in court proceedings. Continue reading
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01-12-00957-CR David Angel Ramos v. The State of TexasAppeal from 10th District Court of Galveston County – Pub.

Appellate case name:Appellate case number:
Trial court case number:Trial court:

01-12-00957-CR

12CR0162

10th District Court of Galveston County

On April 10, 2014, appellant, David Angel Ramos, filed a pro se Motion toDismiss Counsel. In his motion, appellant argues that his counsel was ineffective andthat there was a conflict of interest between counsel and appellant. We dismiss themotion.
We issued our opinion in this appeal on January 7, 2014. Appellant did nottimely file a motion for rehearing or en banc reconsideration. We therefore lost plenarypower over our judgment on March 10, 2014. See TEX.R.APP. P. 4.1, 19.1(a).According to his certificate of service, appellant did not file his motion until April 3,2014. See TEX.R.APP. P. 9.2(b); Campbell v. State, 320 S.W.3d 338, 342 (Tex. Crim.App. 2010). As a result, we do not have jurisdiction to consider appellant’s motion. See,e.g., Kim v. State, 181 S.W.3d 448, 449 (Tex. App.–Waco 2005, no pet.) (holding that
court lacked jurisdiction over papers or motions filed after appellate court lost plenary
power). Continue reading
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01-14-00292-CR In re Charles L. GrableAppeal from 232nd District Court of Harris County

On April 8, 2014, the relator, Charles Lee Grable, filed a petition for writ of mandamus, seeking to compel the trial court to withdraw relator’s guilty plea and return both the relator and the State to the positions they occupied before the plea bargain.[1] We dismiss the petition. 1The underlying case is State v. Grable, No. 764539, in the 232nd District Court ofHarris County Texas, the Honorable Mary Lou Keel presiding.
In 1998, relator pleaded guilty to the felony offense of indecency with a child. See T.PCA. § 21.11 (West 2011). The trial court deferred an adjudication of guilt and placed relator on probation for five years. Later that year, relator’s guilt was adjudicated and punishment was assessed at confinement for sixteen years in the Institution Division of the Texas Department of Criminal Justice. See Grable v. State, No. 14-02-00335-CR, 2002 WL 1000398, at *1 (Tex. App.–Houston [14th Dist.] May 16, 2002, no pet.) (not designated for publication) (dismissing appeal for want of jurisdiction because notice of appeal was untimely). Continue reading
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01-13-00111-CR Joshua Edward Williams v. The State of TexasAppeal from 262nd District Court of Harris County

A jury found Joshua Edward Williams guilty of aggravated robbery and
assessed punishment at 30 years’ confinement. 1 In two issues, Williams contends
TEX.PENAL CODE ANN. § 29.03 (West 2011) (defining aggravated robbery asrobbery causing serious bodily injury to another or using or exhibiting a deadlyweapon); but cf. TEX.PENAL CODE ANN. § 29.02 (West 2011) (defining robbery
that (1) there is insufficient evidence that he committed aggravated robbery and (2) Continue reading
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03-12-00440-CR Brian Lee Russell v. The State of TexasAppeal from 427th District Court of Travis County

A jury found appellant Brian Lee Russell guilty of murder. See Tex. Penal Code

§ 19.02. The jury assessed punishment at forty years’ imprisonment. In eight appellate issues, Russell
asserts that the trial court erred in (1) limiting Russell’s cross-examination of a witness about the
witness’s pending felony charge, (2) failing to properly instruct the jury in several respects, and
(3) denying Russell’s motion for new trial. We affirm the judgment of the trial court. Continue reading
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14-13-00046-CR Eric Demond Douglas v. The State of TexasAppeal from 174th District Court of Harris County – Pub.

The clerk’s record was filed February 6, 2014. Our review has determined that a relevant item has been omitted from the clerk’s record. See Tex. R. App. P. 34.5(c). The record does not contain a bill of costs.
The Harris County District Clerk is directed to file a supplemental clerk’s record on or before May 15, 2014, containing a bill of costs.

PER CURIAM

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14-13-00116-CR Walter Hinton, Jr. v. The State of TexasAppeal from 262nd District Court of Harris County

Appellant Walter Hinton challenges his murder conviction in three issues. In his first issue, appellant claims that the evidence was insufficient for the jury to (1) convict him of murder and (2) reject his self-defense claim. In his second issue, appellant claims that the trial court committed error when it submitted an instruction on provocation to the jury and that the jury-instruction error caused sufficient harm to warrant a reversal. In his third issue, appellant claims that the trial court abused its discretion when it excluded evidence of a State witness’s remote prior conviction for attempted murder. Because we find against appellant on each issue, we affirm. Continue reading
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14-12-00862-CR Durell Noal Watts v. The State of TexasAppeal from 434th Judicial District Court of Fort Bend County

Appellant Durell Noal Watts appeals his murder conviction and sixty-yearprison sentence. On appeal, appellant argues that (1) the evidence presented at trialwas insufficient to support his conviction, and the trial court committed reversibleerror by (2) overruling appellant’s challenges for cause to veniremembers four and
six, (3) admitting evidence during the guilt-innocence phase of trial that appellanthad struck his wife while she was pregnant, and (4) overruling appellant’s
objections to the prosecutor’s arguments outside the record during the punishmentphase of the trial. We affirm. Continue reading
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11-13-00296-CR Archer Lee Evans v. The State of TexasAppeal from 350th District Court of Taylor County

March 21, 2014. Thompson subsequently notified this court that the brief wouldbe filed on March 24 and later on March 28. We still have not receivedAppellant’s brief. Counsel has ignored this court’s directive.By this order, Landon H. Thompson is ORDERED to file in this court abrief on behalf of Appellant on or before 3:00 p.m. on Tuesday, April 22, 2014.At that time, Appellant’s brief shall have already been e-filed or be present in theportal for the Eleventh Court of Appeals through eFileTexas.gov. If Appellant’sbrief has not been e-f Continue reading

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11-12-00240-CR Robert Steven Dudley v. The State of TexasAppeal from 244th District Court of Ector County

case, Appellant maintains that the sentence that was assessed constituted cruel andunusual punishment. We affirm.A short recitation of Appellant’s criminal history as reflected in the record isimportant to our analysis in this case. Appellant had multiple prior felonyconvictions. He had been convicted for felony credit card abuse, and he had alsobeen convicted for felony unauthorized use of a motor vehicle. Additionally,Appellant had three convictions for offenses committed in 2008: one for thesecond-degree felony offense of robbery and two for the first-degree felony offense
of aggravated robbery.For those offenses, Appellant was sentenced toconfinement for fifteen years, thirty-six years, and ninety-nine years, to runconcurrently. After he had been convicted of two of the robberies and was servingthose sentences, Appellant committed the offenses at issue in this court when heescaped from custody on January 29, 2011, and when he escaped again onMarch 5, 2011. In his sole issue on appeal, Appellant argues that his stackedpunishment was cruel and unusual in violation of the Eighth and FourteenthAmendments to the United States Constitution and Article I, section 13 of theTexas constitution.We will not disturb a trial court’s punishment decision absent a showing ofabuse of discretion and harm. Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim.
App. 1984). Generally, a sentence is not cruel, unusual, or excessive if it fallswithin the range of punishment authorized by statute. Id. Even if a sentence fallswithin the statutory range for that crime, however, it must be proportional to thecrime. Solem v. Helm, 463 U.S. 277, 290 (1983). Outside the context of capitalpunishment, successful challenges to the proportionality of particular sentences
have been exceedingly rare. Rummel v. Estelle, 445 U.S. 263, 272 (1980).that are grosslyThe Eighth Amendment prohibits punishmentsdisproportionate to the offense for which the defendant has been convicted. Continue reading
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11-12-00145-CR The State of Texas v. Robert Mendoza, Jr.Appeal from 35th District Court of Brown County – Rev.

this interlocutory appeal from the trial court’s order. In its sole issue on appeal, theState asserts that the trial court erred when it granted Mendoza’s motion tosuppress. We reverse and remand.The evidence at the suppression hearing showed that, on the morning ofJune 18, 2011, Brownwood Police Officer Walker Willey was dispatched inresponse to an anonymous caller’s report to police that a suspicious vehicle wasparked in the parking lot of a strip mall in Brownwood before businesses in themall had opened for the day. The caller stated that the car had been there since
before 8:30 a.m. and that there were occupants in the car. The caller provided thepolice with a description of the car and the license plate number for the car.Officer Willey was in a marked patrol vehicle. He arrived at the strip mall at9:27 a.m. to perform a welfare check on the occupants of the car. Officer Willeysaw a parked Cadillac in a parking space in front of the Western Union store. TheCadillac matched the description and had the license plate number that theanonymous caller had provided. Officer Willey said that the parking lot was apublic parking lot.Officer Willey parked his patrol car in a parking space that was behind theCadillac. He did not block the Cadillac with his car. He said that there was at leasta car length between the two vehicles and that there was room for traffic to pass
between the vehicles. Officer Willey got out of his car and approached theCadillac. At that time, he contacted Rosa Isela Cortez, who was on the sidewalk ofthe strip mall. She told Officer Willey that she was going to the Western Union toget money. Cortez entered the Western Union.Enemencio Delarosa IV was in the driver’s seat of the Cadillac, and
Mendoza was in the front passenger’s seat. Officer Willey told Delarosa throughthe rolled-down driver’s window the reason that he had been dispatched to thescene. Before Officer Willey requested anything from Delarosa and Mendoza, Continue reading
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03-12-00281-CR Naum Antonio Fuentes-Sanchez v. The State of TexasAppeal from 33rd District Court of Burnet County

A jury convicted appellant, Naum Antonio Fuentes-Sanchez, of eight offenses–two

counts of aggravated sexual assault, burglary of a habitation, two counts of aggravated robbery,
injury to the elderly, and two counts of aggravated assault–all arising out of a single home invasion.
See Tex. Penal Code §§ 22.02, 22.021, 22.04, 29.03, 30.02. The jury assessed his punishment at
confinement in the Texas Department of Criminal Justice for each offense, with the sentences Continue reading
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01-13-00552-CR Iririan Salinas v. The State of TexasAppeal from Co Crim Ct at Law No 14 of Harris County – Pub.

Appellate case name:Appellate case number:
Trial court case number:Trial court:

01-13-00552-CR

1854915

County Criminal Court at Law No. 14 of Harris County

This case was abated and remanded to the trial court to determine whether retainedtrial counsel intended to represent appellant on appeal and, if not, for the trial court todetermine whether appellant is indigent and either appoint substitute counsel or provideappellant a deadline for hiring new counsel. The court reporter has filed a reporter’srecord reflecting that appellant is not indigent and has hired new counsel, AngelaMcKinnon, to represent him on appeal. The record further reflects that the trial courtordered appellant’s brief to be filed within 30 days of the date of the hearing, which washeld on March 25, 2014. Accordingly, we REINSTATE this case on the Court’s activedocket. Continue reading
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01-13-00447-CR Samuel Espinoza Rodriguez v. The State of TexasAppeal from 182nd District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONRDER

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CAFDTHOSamuel Espinoza Rodriguez v. The State of Texas Trial court case number: 1356098 1356099 Trial court: See T.R.A.P.38.6. Acting for the CourtDate: April 17, 2014< Continue reading

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01-08-00337-CR Donna Gayle Holcomb v. The State of TexasAppeal from 230th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONEMORANDUM RDER

 
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CAFDTHMODonna Gayle Holcomb v. The State of Texas Trial court case number: 1141352 Trial court: Acting individually Acting for the Court Date: April 17, 2014 Continue reading

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