03-13-00717-CR Danny Rosas Vasquez v. The State of TexasAppeal from 427th District Court of Travis County

Danny Rosas Vasquez was arrested and charged with the assault and aggravated-

sexual assault of his girlfriend Hortencia Morales. See Tex. Penal Code §§ 22.01, .021. After
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the amount of bail was set for each charge, Vasquez filed applications for writs of habeas corpus
seeking to be released from confinement or to have the amount of bail for each charge reduced.
Shortly after receiving the applications, the district court referred the matter to a magistrate, and Continue reading
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03-13-00277-CR Tracy Joe Stephenson v. The State of TexasAppeal from 421st District Court of Caldwell County

A jury convicted appellant Tracy Joe Stephenson of the offense of burglary of a

building. Punishment was assessed at 730 days in state jail and a $10,000 fine. In a single issue
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on appeal, Stephenson argues that the judgment should be reformed to correctly reflect the statutory
offense for which he was convicted. Specifically, Stephenson observes that he was convicted of the
offense of burglary of a building pursuant to section 30.02(c)(1) of the penal code, but the judgment Continue reading
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03-13-00200-CR Bobby Peoples v. The State of TexasAppeal from 147th District Court of Travis County

This is an appeal pursuant to Anders v. California. A jury convicted appellant
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Bobby Peoples of the offense of burglary of a habitation. Punishment, enhanced by a prior felony
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conviction for the offense of burglary of a habitation, was assessed at 28 years’ imprisonment.

The jury heard evidence that on the night of March 23, 2012, Steven Becker, his wife,

and their two daughters returned home after an evening with Becker’s parents to find that their Continue reading
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03-12-00684-CR Jeffrey Walker Kindred v. The State of TexasAppeal from 27th District Court of Bell County

A jury convicted appellant Jeffrey Walker Kindred of the offense of aggravated

assault of a peace officer with a deadly weapon. Punishment was assessed at forty years’
imprisonment. In two related issues on appeal, Kindred asserts that the district court abused its
discretion in admitting testimony by a police officer that Kindred contends was (1) hearsay and
(2) not relevant. We will affirm the judgment of conviction. Continue reading
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01-13-00140-CR James Agbeze v. The State of TexasAppeal from 180th District Court of Harris County

James Agbeze, a licensed government contractor, was indicted for submitting a series of fraudulent Medicaid reimbursement claims. The jury convicted Agbeze of theft of property by a government contractor with an aggregated value of $1,500 or more, but less than $20,000,[1] assessed punishment at seven years’ community supervision, and imposed a $10,000 fine. The trial court ordered Agbeze to spend 90 days in jail as a condition of community supervision and to pay $18,169.45 in restitution. On appeal, Agbeze contends that (1) there was insufficient evidence to prove that he intentionally or knowingly committed theft or that individual over-charges were part of a larger criminal scheme to allow the theft amounts to be aggregated and tried as one offense and that (2) the trial court abused its discretion in ordering him to pay $18,169.45 in restitution. We affirm. Continue reading
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14-14-00400-CR Eladio Castro Najera v. The State of TexasAppeal from 182nd District Court of Harris County – Pub.

Appellant is represented by retained counsel, Maverick J. Ray. No reporter’s record has been filed. Roxanne Wiltshire, the court reporter for this case, informed the court that appellant had not made arrangements for payment for the reporter’s record. On June 20, 2014, the clerk of this court notified appellant that we would consider and decide those issues that do not require a reporter =s record unless appellant, within 15 days of notice, provided this court with proof of payment for the record. See Tex. R. App.P.37.3(c). Appellant filed no reply. Continue reading
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14-14-00130-CR Victor Santana v. The State of TexasAppeal from 174th District Court of Harris County – Pub.

Appellant’s court-appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel also certified to this court on July 7, 2014, that he provided appellant with a copy of the Anders brief and the complete record and advised appellant of his right to file a pro se brief in response.
If appellant desires to file a pro se brief in response to counsel’s Anders brief, Continue reading
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14-14-00060-CR Hugh Audrie Carter, III v. The State of TexasAppeal from 338th District Court of Harris County – Pub.

Appellant’s court-appointed counsel filed a brief in which he concludes these appeals are wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel certified to this court that he provided appellant with a copy of the Anders brief and advised appellant of his right to file a pro se brief in response. The appellate record has also been provided to appellant.
If appellant desires to file a pro se brief in response to counsel’s Anders Continue reading
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14-14-00043-CR Hung Phuoc Le v. The State of TexasAppeal from 185th District Court of Harris County – Pub.

Appellant was formerly represented by retained counsel, Andre Ligon. No reporter’s record has been filed in this case. Walter Johnson, a substitute court, informed this court that appellant had not made arrangements for payment for the reporter’s record. On June 19, 2014, we ordered appellant to file proof of payment for the reporter’s record on or before July 3, 2014. The order advised appellant that if he failed to pay for the reporter’s record, the court would order appel lant to file a brief without the benefit of a reporter’s record. See Tex. R. App. P.37.3(c). Appellant filed no reply. Accordingly, the court ordered appellant to file a brief without the benefit of a reporter’s record. Continue reading
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14-10-00266-CR Jovany Jampher Paredes v. The State of TexasAppeal from 337th District Court of Harris County – Pub.

A jury found appellant, Jovany Jampher Paredes, guilty of capital murderand the trial court imposed the mandatory sentence of life in prison without thepossibility of parole. See Tex. Penal Code Ann. §§ 12.31(a)(2), 19.03(a)(2) (West2011). Appellant appealed his conviction and argued, among other things, that thetrial court violated the Confrontation Clause by permitting a forensic scientist to
testify regarding her DNA analysis, which relied on raw data generated by non-testifying analysts. This Court affirmed the conviction. See Paredes v. State, No. Continue reading
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11-12-00210-CR Vicki Lynn Shroyer v. The State of TexasAppeal from 132nd District Court of Scurry County

two years. In two issues, Appellant challenges the trial court’s jurisdiction torevoke her community supervision. We affirm.Appellant pleaded guilty at a hearing on December 4, 2006. The trial courtfound her guilty and set a hearing for January 12, 2007, at which time the trialcourt would assess punishment. At the January hearing, the trial court sentencedAppellant to confinement in a state jail facility for two years but probated hersentence and ordered that she complete five years of community supervision. Thecourt also ordered that she pay a fine, court costs, and restitution. The judgment
that the court signed reflected these oral pronouncements and was file-stamped onJanuary 12, 2007, the day of the hearing, but the judgment erroneously bore thedate of the prior hearing on December 4, 2006, the day on which Appellant enteredher plea and was found guilty. The judgment also contained Appellant’sthumbprint, and the date next to Appellant’s thumbprint was January 12, 2007.In a letter dated January 23, 2007, the prosecutor memorialized aconversation that she had with Appellant’s trial counsel in which both partiesagreed that the judgment incorrectly reflected the date of the guilty plea rather thanthe date of sentencing. The letter contained a handwritten note in whichAppellant’s attorney acknowledged the error. In accordance with this agreement,the date on the first page of the judgment was changed from December 4, 2006, to
the correct date of January 12, 2007. However, the signature page was notcorrected and continued to reflect the earlier date of December 4, 2006.On January 11, 2012, the State filed a motion to revoke Appellant’scommunity supervision. The trial court heard and granted the motion, but beforethe imposition of the sentence, Appellant filed a motion to dismiss in which she
argued that the State’s motion to revoke was not timely because the five-yearperiod of community supervision, which she argued started on December 4, 2006,rather than on January 12, 2007, as reflected in the original judgment, had expired. Continue reading
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11-12-00192-CR Fernando Lopez Rivera v. The State of TexasAppeal from 22nd District Court of Hays County

TEX.HEALTH &SAFETY CODE ANN.§ 481.121 (West 2010). The trial court assessed
Appellant’s punishment at imprisonment for twelve years and sentenced him
accordingly. In one point of error on appeal, Appellant alleges jury charge error.We affirm.Appellant was arrested after a controlled delivery of narcotics that involveda joint operation conducted by the Drug Enforcement Administration (DEA) andseveral agencies in Texas. Detective Gerardo Fuentes of the Eagle Pass PoliceDepartment worked undercover as a drug trafficker as part of his assignment to theNarcotics DEA Task Force. In his undercover role, Detective Fuentes was hiredby a Mexican drug dealer to recruit a driver to transport large quantities of
marihuana. Detective Fuentes enlisted Detective Ricardo Riojas to deliver 261pounds of marihuana to San Marcos, Texas. Detective Riojas was attached to aDEA Task Force from the Del Rio Police Department. Detective Riojas was todeliver the drugs to someone at a location arranged by Detective Fuentes.Detective Jayson Cormier of the San Marcos Police Department, and attached tothe Hays County Narcotics Task Force, flew a helicopter and was to follow thesuspects during and after the transaction. The suspects who were to take deliveryof the drugs would be driving a gray Ford F-150 with plywood in the bed of thepickup.When the suspect vehicle arrived at the designated location, Pedro AlvaradoMartinez was driving, and Appellant was the passenger. Martinez drove up and
down the aisles of the parking lot, parked, left, drove around, and parked indifferent places; drug traffickers do that to determine whether someone isfollowing them. Before the meeting, Detective Fuentes received a call from one ofthe suspects who said that they needed to change location because there werepolice in the area. Detective Fuentes did not know to whom he spoke to on the
phone.When Detective Riojas arrived at the new location, Martinez told DetectiveRiojas to follow him across the street. They parked, and the three men exited the Continue reading
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11-12-00180-CR Jose Ramon Garcia v. The State of TexasAppeal from 441st District Court of Midland County

Diana Aguirre and Appellant began dating in February 2011, and a fewmonths later, Aguirre, her four children, and Appellant moved in together. R.W.was six years old, and he had three younger sisters. Appellant watched thechildren at night while Aguirre worked. One evening in July, Aguirre sawAppellant wrestling with R.W., and she told him, Don’t do that. He is a little boy.He doesn’t like to wrestle. He has three sisters. Don’t do it anymore. Appellanttold Aguirre, You have him spoiled. He needs to become a little boy. WhenAguirre said that R.W. had been around only girls and did not have a father,
Appellant said, He needs to learn. Appellant was 5’10" and weighed about 240pounds. When Aguirre saw Appellant wrestling with R.W. after telling him tostop, she grabbed [her] kids and said [she] was leaving. But when Appellantapologized and promised not to do it again, Aguirre decided to stay.On a Monday night in September, the girls were asleep and R.W. was awakebut in bed when Aguirre left for work around 9:30 p.m. Then R.W. and Appellantbegan wrestling. R.W. said that he was lying facedown on the bed when Appellantput his knee on the back of R.W.’s thigh and pulled R.W.’s foot until his thighbone popped. Appellant immediately called an ambulance, and then he calledAguirre and admitted that he was wrestling with R.W. when his leg popped. R.W.was taken by ambulance to Midland Memorial Hospital, and Aguirre met them
there. Continue reading
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01-14-00121-CR Paul Briones v. The State of TexasAppeal from 178th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONRDER ON OTION

Cause number:

01-14-00121-CR

Style:

Paul Briones

v. The State of Texas

Date motion filed[*]:

July 21, 2014

Type of motion:

Motion for extension of time to file the reporter’s record

Party filing motion:

Court reporter

Document to be filed:Is appeal accelerated?If motion to extend time: Continue reading
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01-13-00901-CR Ignacio Martin Gonzalez v. The State of TexasAppeal from 184th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONRDER

 
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CAFDTHOIgnacio Martin Gonzalez v. The State of Texas 01-13-00903-CR Trial court case number: 1377914 1377915 1377916 Trial court: STRIKE appellant’s brief and order it redrawn with appropriate editing to conceal the identity of the victim. Initials or redacting should be utilized to remove the child’s name from the brief. No other changes are to be made to the appellant’s brief. Appellant’s redrawn brief is due within 7 days of the date of this order. DISMISSED AS MOOT. Date: July 24, 2014 Continue reading

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01-13-00894-CR Julio Alvarado v. The State of TexasAppeal from 232nd District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONRDER

EXPP
 
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CAFDTHOJulio Alvarado V. The State of Texas Trial court case numbers: 1325689 & 1325690 Trial court:232nd District Court of Harris County Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Continue reading

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01-14-00365-CR James Bishop v. The State of TexasAppeal from 179th District Court of Harris County

A jury convicted appellant, James Bishop, of murder and assessed punishment at life imprisonment. Bishop timely filed a notice of appeal.
On June 10, 2014, the trial court clerk filed the clerk’s record, containing a Proof of Death Letter stating: On April 20, 2014 James Earl Bishop died at St. Joseph Medical Center.
The death of an appellant during the pendency of an appeal deprives this Court of jurisdiction. See Graham v. State, 991 S.W.2d 802, 802 (Tex. Crim. App. 1998); Garcia v. State, 840 S.W.2d 957, 958 (Tex. Crim. App. 1992). When an appellant dies after perfecting an appeal but before this Court issues the mandate, the appropriate disposition is the abatement of the appeal. Garcia, 840 S.W.2d at 958; see T.R.A. P. 7.1(a)(2) (If the appellant in a criminal case dies after an appeal is perfected but before the appellate court issues the mandate, the appeal will be permanently abated.). Continue reading
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01-14-00328-CR In re Ramon SalgadoAppeal from 177th District Court of Harris County

By petition for writ of mandamus, Relator Ramon Salgado, Jr. seeks to compel the trial court judge to credit jail time served between February 14, 2000 through November 14, 2001. Salgado failed to provide a record demonstrating that 1The underlying cause of action is Ramon Salgado, Jr. v. The State of Texas, in the
District court of Harris County, Texas, 177th Judicial District, cause no. 868211,
the Honorable Ryan Patrick presiding. the trial court failed to credit Salgado for time served for the offense charged in the underlying case. Continue reading
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01-14-00303-CR In re Kenneth Wayne JeromeAppeal from 263rd District Court of Harris County

Relator, Kenneth Wayne Jerome, has filed a petition for writ of mandamus, seeking to compel the trial court to rule on relator’s motion related to DNA testing.[1] 1The underlying case is State of Texas v. Kenneth Wayne Jerome, No. 1233728, inthe 263rd District Court of Harris County, Texas, the Honorable Jim Wallacepresiding.
We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale. Continue reading
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01-13-01043-CR Ex parte Pei Wen ChenAppeal from 400th District Court of Fort Bend County

Pei Wen Chen appeals from the trial court’s order denying her petition for writ of habeas corpus pursuant to Article 11.072 of the Texas Code of Criminal Procedure.[1] Chen contends that her trial counsel rendered ineffective assistance of counsel in the year 2000 when they purportedly affirmatively misadvised Chen of 1See TEX.CODE CRIM.PROC.ANN. art. 11.072, § 8 (West 2005) (providing for
appeal in felony or misdemeanor case in which applicant seeks relief from order orjudgment of conviction ordering community supervision). the immigration consequences of her plea of no contest. We hold that Padilla v. Kentucky, 559 U.S. 356 (2010), does not apply retroactively to this case, and that even if Chen’s counsel’s performance was deficient under pre -Padilla law, the trial court did not err in concluding that Chen was not prejudiced by the alleged deficiency. Accordingly, we affirm the trial court’s judgment. Continue reading
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