Roxanne Yvette Davis v. State ( 2015 )

ACCEPTED 12-15-00077-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 3/27/2015 5:44:10 PM CATHY LUSK Appellate Docket Number: CLERK Appellate Case Style: Style: Roxanne Yvette Davis Vs. State of Texas FILED IN 12th COURT OF APPEALS Companion Case: TYLER, TEXAS 3/27/2015 5:44:10 PM CATHY S. LUSK Clerk Amended/corrected statement: DOCKETING STATEMENT (Criminal) Appellate Court: 12th Court of Appeals (to be filed in the court of appeals upon perfection of appeal under TRAP 32) I. Appellant II. Appellant Attorney(s) First Name: Roxanne Lead Attorney Middle Name: Yvette First Name: John Last Name: Davis Middle Name: Brandt Suffix: Last Name: Thorson Appellant Incarcerated? Yes No Suffix: Amount of Bond: $50,000.00 Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: J. Brandt Thorson, PLLC Address 1: P.O. Box 3768 Address 2: City: Longview State: Texas Zip+4: 75606 Telephone: 903-758-4878 ext. Fax: 903-212-3038 Email: jbt@jbtfirm.com SBN: 24043958 Add Another Appellant/ Attorney Page 1 of 6 III. Appellee IV. Appellee Attorney(s) First Name: State of Texas Lead Attorney Middle Name: First Name: D. Last Name: Middle Name: Matt Suffix: Last Name: Bingham Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Smith County District Attorney Address 1: 100 N. Broadway Address 2: 4th Floor City: Tyler State: Texas Zip+4: 75702 Telephone: 903-590-1720 ext. Fax: 903-590-1719 Email: Add Another Appellee/ SBN: 00787085 Attorney III. Appellee IV. Appellee Attorney(s) First Name: Lead Attorney Middle Name: First Name: Mike Last Name: Middle Name: Suffix: Last Name: West Appellee Incarcerated? Yes No Suffix: Amount of Bond: Appointed District/County Attorney Pro Se: Retained Public Defender Firm Name: Smith County District Attorney's Office Address 1: 100 N. Broadway Address 2: 4th Floor City: Tyler State: Texas Zip+4: 75702 Telephone: 903-590-1720 ext. Fax: 903-590-1719 Email: MWest@smith-county.com Add Another Appellee/ SBN: 21203300 Attorney V. Perfection Of Appeal, Judgment And Sentencing Nature of Case (Subject matter Was the trial by: jury or non-jury? Theft or type of case): Date notice of appeal filed in trial court: March 27, 2015 Type of Judgment: Bench Trial If mailed to the trial court clerk, also give the date mailed : Date trial court imposed or suspended sentence in open court or date trial court entered appealable order: February 26, 2015 Offense charged: Theft Property <$1500.00 w/ 2 Prev. Conv. Punishment assessed: 16 Months State Jail Date of offense: June 4, 2014 Is the appeal from a pre-trial order? Yes No Page 2 of 6 Defendant's plea: Guilty Does the appeal involve the constitutionality or the validity of a statute, rule or ordinance? If guilty, does defendant have the trial court's certificate to appeal? Yes No Yes No VI. Actions Extending Time To Perfect Appeal Motion for New Trial: Yes No If yes, date filed: Motion in Arrest of Judgment: Yes No If yes, date filed: Other: Yes No If yes, date filed: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of motion and affidavit) Motion and affidavit filed: Yes No NA If yes, date filed: Date of hearing: NA Date of order: NA Ruling on motion: Granted Denied NA If granted or denied, date of ruling: Page 3 of 6 VIII. Trial Court And Record Court: 241st District Court Clerk's Record: County: Smith Trial Court Clerk: District County Trial Court Docket Number (Cause no): 241-1149-14 Was clerk's record requested? Yes No Trial Court Judge (who tried or disposed of the case): If yes, date requested: If no, date it will be requested: March 30, 2015 First Name: Jack Were payment arrangements made with clerk? Middle Name: Yes No Indigent Last Name: Skeen Suffix: Jr. Address 1: 100 N. Broadway Address 2: Room 220 City: Tyler State: Texas Zip + 4: 75702 Telephone: 903-590-1634 ext. Fax: 903-590-1631 Email: Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was the reporter's record electronically recorded? Yes No If yes, date requested: March 27, 2015 Were payment arrangements made with the court reporter/court recorder? Yes No Indigent Court Reporter Court Recorder Official Substitute First Name: Christy Middle Name: Last Name: Humphries Suffix: Address 1: 100 N. Broadway Address 2: Room 220 City: Tyler State: Texas Zip + 4: 75702 Telephone: 903-590-1636 ext. Fax: 903-590-1631 Email: chumphries@smith-county.com Page 4 of 6 1X. Related Matters List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style. Docket Number: Court: Style: Vs. State of Texas X. Signature Signature of counsel (or Pro Se Party) Date: March 27, 2015 State Bar No: 24043958 Printed Name: Electronic Signature: J. Brandt Thorson Name: J. Brandt Thorson (Optional) XI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on March 27, 2015 . Signature of counsel (or pro se party) Electronic Signature: J. Brandt Thorson (Optional) State Bar No.: 24043958 Person Served: Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney Page 5 of 6 Please enter the following for each person served: Date Served: March 27, 2015 Manner Served: eServe First Name: D. Middle Name: Matt Last Name: Bingham Suffix: Law Firm Name: Smith County District Attorney Address 1: 100 N. Broadway Address 2: 4th Floor City: Tyler State Texas Zip+4: 75702 Telephone: 903-590-1720 ext. Fax: 903-590-1719 Email: Page 6 of 6