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Interlocutory Appeal Law
 
Jeremy Ray Calloway v. The State of Texas

Jeremy Ray Calloway was convicted by a jury of bail jumping and failure to appear1 and
was sentenced by the trial court to five years’ incarceration.

Calloway’s appellate attorney filed a brief setting out the procedural history of the case,
summarizing the evidence elicited during the course of the trial court proceedings, and concluding
that the appellate record presen... More...
   $0 (01-29-2017 - TX)

William Wayne Strawser v. The State of Texas

Pursuant to a plea agreement, William Wayne Strawser pled guilty to possession of the
chemical precursor, pseudoephedrine, with the intent to manufacture methamphetamine and was
placed on deferred adjudication community supervision for a period of five years. After Strawser
pled true to the State’s motion to adjudicate guilt, which alleged he had tested positive for
methamphet... More...
   $0 (01-29-2017 - TX)

Kerry Gittens v. The State of Texas

Appellant, Kerry Gittens, was free on bond during the trial of this case. After a recess
during the guilt-innocence phase of the trial, Gittens removed his ankle monitor and failed to return
to court. The trial court proceeded in Gittens’s absence, and the jury found Gittens guilty of
murder. The trial court entered a written judgment sentencing Gittens to fifty years in prison. ... More...
   $0 (01-29-2017 - TX)

Silver Starr Hernandez v. The State of Texas

The trial court imposed sentence in this appeal on October 1, 2012, and appellant did not
file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline
for filing a notice of appeal was October 31, 2012. See TEX. R. APP. P. 26.2(a)(1); see also TEX.
R. APP. P. 4.1(a). A notice of appeal was not filed until September 14, 2016, and appellan... More...
   $0 (01-29-2017 - TX)

The State of Texas v. James Matthew Holcombe

On December 14, 2016, we entered an order allowing appellee’s retained trial attorney to
withdraw for purposes of appeal only. We further abated this appeal and ordered the trial court to
conduct a hearing and enter findings of fact and conclusions of law with respect to whether
appellee is indigent, and if appellee is indigent, to take such measures as necessary to assure the
... More...
   $0 (01-29-2017 - TX)

Art Patrick v. The State of Texas

There is no dispute that appellant hit the complainant, D.W., with enough force to knock him down a staircase where D.W. hit his head hard enough to render him unconscious.1 There
also is no dispute the altercation began over appellant’s objecting to D.W. smoking on the porch
of the house. D.W. admitted appellant had many times told him not to smoke inside the house or
on the porc... More...
   $0 (01-29-2017 - TX)

Jan Huron Lopez v. The State of Texas

At the plea hearing, appellant pled no contest to the charge of prostitution with three or
more priors. Before the hearing, appellant signed the appropriate plea paperwork, which stated,
in part, “[i]f the Court rejects the plea agreement, the Defendant shall be permitted to withdraw
the plea of guilty/nolo contendere and no statement or other evidence received during such hearing ... More...
   $0 (01-29-2017 - TX)

Dara Marie Llorens v. The State of Texas

Dara Marie Llorens was charged with kidnapping and with interference with child
custody. See Tex. Penal Code §§ 20.03(a) (setting out elements of offense of kidnapping), 25.03(a)
(b) (governing offense of interference with child custody). Llorens entered an open plea of guilty
to both charges and requested that the district court assess her punishment for both charges. As part
o... More...
   $0 (01-29-2017 - TX)

Ariana Kristina Oliveira v. The State of Texas

At the suppression hearing, the trial court heard evidence that, on June 6, 2014, at
approximately 1:45 a.m., Austin Police Department Officer Bryce Sakamoto saw a car stopped on
the side of the road just west of the southbound I-35 frontage road in south Austin. The location of
the car was lightly trafficked and “somewhat remote and isolated.” Officer Sakamoto pulled up
behind t... More...
   $0 (01-29-2017 - TX)

Stephen Foeller v. The State of Texas

Stephen Foeller, who has not been finally sentenced, filed a notice of appeal of the
trial court’s order denying his pretrial motion to suppress evidence. However, we do not have
jurisdiction to review interlocutory orders in a criminal appeal unless that jurisdiction has been
expressly granted by law. Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar
v. State,... More...
   $0 (01-29-2017 - TX)

WILLIAM HURSHEL SMILEY v. THE STATE OF OKLAHOMA

Appellant was charged on April 5, 2013, with Count 1 - Aggravated Eluding a Police Officer and Count 2 - Escape from Custody in Oklahoma County District Court Case No. CF-2013-2130. On June 24, 2013, Appellant, represented by counsel Brigitte Biffle, entered a plea of guilty. Count 2 was dismissed and Appellant was convicted on Count 1 and sentenced to eight years imprisonment, with all but the fi... More...   $0 (01-29-2017 - OK)

Donald R. Davis v. The State of Texas

To establish that the defendant was convicted of a prior offense for
enhancement purposes, the State must (1) prove the existence of the conviction
and (2) link the conviction to the defendant. Flowers v. State, 220 S.W.3d 919,
921–22 (Tex. Crim. App. 2007); Davis v. State, 268 S.W.3d 683, 715 (Tex.
App.—Fort Worth 2008, pet. ref’d). No specific document or mode of proof is <... More...
   $0 (01-28-2017 - TX)

Thomas Daniel White v. The State of Texas

One night in November 2014, Wichita Falls Police Department Officer
Corey LaPlante responded to a call of a disturbance in a residential
neighborhood. When he arrived, he learned that appellant, who was occupying
the house where the disturbance occurred, had outstanding arrest warrants.
Officer LaPlante arrested appellant and drove him to the county jail. When they
arri... More...
   $0 (01-28-2017 - TX)

Vanswan Levels Polty v. The State of Texas

A jury found Appellant Vanswan Levels Polty guilty of possession of a
controlled substance, cocaine, in the amount of more than one gram but less
than four grams. After Polty pleaded true to the State’s enhancement
allegations, the trial court sentenced Polty to twelve years’ incarceration. This
appeal followed.
1See Tex. ... More...
   $0 (01-28-2017 - TX)

Cruz Salas Garcia v. The State of Texas

On February 12, 2015, the State filed its “First Amended Motion to Revoke
Probation” and alleged that Appellant had violated the conditions of his
community supervision2 in three ways:
Defendant has violated the terms and conditions of his probation in the following manner: A. CRUZ SALAS GARCIA, Defendant, on or about the 27th day of January, 2015, in Tarrant County, Texas did then ... More...
   $0 (01-28-2017 - TX)

Denitra Sherrelle Green

Appellant, Denitra Sherrelle Green, pleaded guilty to the felony offense of
aggravated robbery without an agreed recommendation from the State regarding
punishment. See TEX. PENAL CODE ANN. § 29.03 (West 2011). The trial court found
appellant guilty and assessed punishment at 8 years’ imprisonment. Appellant timely
filed a notice of appeal.
Appellant’s appointed counsel on... More...
   $0 (01-28-2017 - TX)

Javier Abad Ramirez v. The State of Texas

A jury found appellant, Javier Abad Ramirez, guilty of the offense of murder
in the first degree.1 The trial court assessed his punishment at fifty-five years’
imprisonment. This sentence is within the applicable range. See TEX. PENAL
CODE ANN. § 12.32(a) (West 2011). The trial court further found that appellant
used a deadly weapon, namely, a firearm, in the commission of ... More...
   $0 (01-28-2017 - TX)

Michael Toro v. The State of Texas

Toro was charged with and pleaded guilty to the murder of Anayanci Roche
without a recommendation as to punishment by the State. Following preparation of
a presentence investigation report, the trial court held a sentencing hearing.
Officer J. Duran testified during Toro’s sentencing hearing. He testified that
in 2011, he was investigating the gang MS-13’s activity in Houst... More...
   $0 (01-28-2017 - TX)

State of Oklahoma v. Travis Murphy Lozado

Tulsa, OK - Jury Convicts Defendant In Shooting Death of 14-Year-Old

The State of Oklahoma charged Travis Murphy Lozada, age 22, with:

Count # 1. Count as Filed: HM11, FELONY MURDER-1ST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 05/29/2014
Count as Disposed: FELONY MURDER-1ST DEGREE(HM11)
Violation of 21 O.S. 701.7
Count # 2. Count as Filed: RBDW, AT... More...
   $0 (01-28-2017 - OK)

UNITED STATES OF AMERICA v. SHERAD THERRIEN

On June 19, 2014, a federal grand jury sitting in the
District of Massachusetts issued an indictment charging Therrien
with five counts of distribution of cocaine or cocaine base in
violation of 21 U.S.C. § 841(a) and one count of being a felon in
possession of a firearm and ammunition in violation of 18 U.S.C.


- 3 -
§ 922(g)(1). Before trial, Therrien fil... More...
   $0 (01-27-2017 - MA)

UNITED STATES OF AMERICA v. DAVID VYNER

In 2011, Vyner was indicted in Count 1, for fraud and misuse of visas, permits, and other documents in violation of 18 U.S.C. § 1546(a), and in Count 2, for aggravated identity theft, in violation of 18 U.S.C. § 1028A(a)(1). In April 2014, he pled guilty to Count 1, and in accordance with the parties’ plea agreement, the government dismissed Count 2, which carried a mandatory sentence of two year... More...   $0 (01-27-2017 - DC)

STATE OF NEW JERSEY v. DELEDIN TWINE

Defendant Deledin Twine appeals from a July 31, 2015 order
denying his application to compel his admission into the pre-trial
intervention (PTI) program over the prosecutor's objection. We
affirm because the Law Division correctly determined that the
prosecutor's decision was not a patent and gross abuse of
discretion.
In 2014, defendant was indicted on one count ... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY v. JAMES MCDOWELL, a/k/a SISA BUTU

A jury convicted defendant James McDowell of eight crimes
related to sexual assaults of a female victim. On two of the
convictions he was sentenced to consecutive terms of eighteen and
ten years in prison. All of the other convictions were either
merged or the sentences were run concurrently. The consecutive
prison terms were subject to the No Early Release Act (NERA), ... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY VS. GEORGE SANCHEZ

Defendant George Sanchez was charged with brutally assaulting
his girlfriend, K.M.1 A jury acquitted defendant of several first
degree charges, but convicted defendant of the following offenses:
fourth-degree false imprisonment, N.J.S.A. 2C:13-3; third-degree
aggravated criminal sexual contact while the victim was physically
helpless, N.J.S.A. 2C:14-3; second-degree attemp... More...
   $0 (01-27-2017 - NJ)

STATE OF NEW JERSEY VS. STEPHEN F. SCHARF

Defendant purchased a $300,000 life insurance policy and
$200,000 accidental death benefit insuring Scharf's life on May
23, 1991. He was the primary beneficiary; the parties' son,
Jonathan, ten years old at the time of the murder, was the
contingent beneficiary. Scharf's therapist, Patricia Teague, who
had been treating Scharf for depression since July 1990, testified <... More...
   $0 (01-27-2017 - NJ)

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