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Interlocutory Appeal Law
Kelvin Benton v. The State of Texas

Appellant Noe Cosino was charged with felony driving while intoxicated
following a two-vehicle accident at the southernmost tip of Brazos County. Cosino and
the driver of the other vehicle were taken to a College Station hospital for medical
treatment. While Cosino was at the hospital, the investigating state trooper asked a nurse
to conduct a mandatory blood draw under the a... More...
   $0 (08-08-2016 - TX)

Justin Tirrell Williams v. The State of Texas

On the evening of March 29, 2013, M.W., the complainant, left her house to
meet Dewayn Peace at his apartment to study together. After parking her car, M.W.
began walking toward the apartment building when appellant grabbed her and threw
her to the ground. M.W. screamed, and appellant told her to “shut up” and threatened
to shoot her if she “did anything stupid.” Appellant t... More...
   $0 (08-08-2016 - TX)

Ruben Munoz v. The State of Texas

In the early morning hours of March 2, 2014, Sergeant C. Rowland of the
Travis County Sheriff’s Office was on patrol when appellant drove past him at a
high rate of speed. During the course of pursuit, Officer Rowland crested a hill and
discovered that the vehicle had crashed. Appellant sustained minor injuries. The
2 We origina... More...
   $0 (08-08-2016 - TX)

Julius Dawson v. The State of Texas

Appellant, Julius Dawson, without an agreed punishment recommendation
from the State, pleaded guilty to the felony offense of aggravated robbery with a
deadly weapon.1 The trial court found appellant guilty and assessed his punishment
at confinement for seven years. The trial certified that this case is not a plea-bargain
case and appellant has the right to appeal. Appellant... More...
   $0 (08-08-2016 - TX)

James Maurice Grimes v. The State of Texas

Appellant James Maurice Grimes was convicted for the offenses of first
degree murder and aggravated kidnapping. Both convictions were affirmed on
appeal. See Grimes v. State, No. 01-96-01303-CR, 1998 WL 723741 (Tex. App.—
Houston [1st Dist.] Oct. 1, 1998, pet. ref’d) (affirming murder conviction); Grimes
v. State, No. A14-93-01068-CR, 1994 WL 622036 (Tex. App.—Houston [14th
... More...
   $0 (08-08-2016 - TX)

Luis Ruiz Sierra v. The State of Texas

One night, after consuming drugs and alcohol, appellant Luis Ruiz Sierra
entered the complainant’s apartment while she was out to walk her dogs. He later
claimed that he blacked out after taking a pill from a friend. Sierra hid in the
shower but left the bathroom light on. Upon discovering Sierra, the complainant
screamed, and he choked her until she passed out. Sierra removed ... More...
   $0 (08-07-2016 - TX)

Hassan Abdul Worthy v. The State of Texas

Hassan Abdul Worthy pleaded guilty to the first-degree felony offense of
aggravated robbery with a deadly weapon. The plea was without an agreed
recommendation by the State on sentencing. The trial court sentenced Worthy to 45
years imprisonment. The most recent trial court certification of defendant’s right of
appeal indicates this was not a plea-bargain case and Worthy had... More...
   $0 (08-07-2016 - TX)

Juan Rojas v. The State of Texas

After a jury trial, Juan Rojas was found guilty of the offense of family violence
assault and was sentenced to 42 years in the Texas Department of Criminal Justice,
Institutional Division. Rojas timely filed a notice of appeal.
Rojas’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the ap... More...
   $0 (08-07-2016 - TX)

Devren Keith Byerly v. The State of Texas

Appellant was charged with committing a terroristic threat after an altercation
between him and the complaining witness while they were at his grandmother’s
Appellant arrived at his trial without counsel, and waived his right to a jury
trial. The trial court proceeded without reference to the fact that appellant was
without counsel, and without admonishing appellant... More...
   $0 (08-07-2016 - TX)

Jose Cristino Hernandez, Jr. v. The State of Texas

Myriam Flores testified that she and the complainant, Eric Romero, had
spent the evening watching television, and the two left Romero’s home around
2:00 A.M. to drive Flores home. As the couple drove away, Flores, who was in the
front passenger seat, noticed a group of people standing outside a nearby house.
Flores testified that a few minutes later, while still riding in Ro... More...
   $0 (08-07-2016 - TX)

Eric Dewayne Small v. The State of Texas

Raynesha Blackmon testified that on the night of April 11, 2004, she and her
best friend, Keneshia Scott, the complainant, went to Cardi’s, “[a] teenage [night]
club,” for a party. However, they did not stay inside the club, which was “[v]ery
crowded,” for long. After someone had “throw[n] a chair in the air,” Blackmon and
the complainant immediately “started running” out of ... More...
   $0 (08-07-2016 - TX)

Ex parte Jaime Vasquez

On May 28, 1996, Vasquez was charged with the felony offenses of
aggravated sexual assault of a child under 14 years of age and indecency with a child
by contact.1 Pursuant to a plea agreement, the State abandoned the aggravated sexual
assault charge. Vasquez pleaded guilty to the offense of indecency with a child by
contact. On March 14, 1997, in accordance with the plea agree... More...
   $0 (08-07-2016 - TX)

Robert Lee Tinsley, IV. v. The State of Texas

The complainant testified that when she was five years old, appellant, her
uncle and adoptive father, came into where she slept in the living room of their home.
He then gave her an alcoholic drink and “stuck his wee-wee,” his “private area,”
“inside of [her],” in her “vagina” “[w]here the baby comes out.” Although the
complainant knew that this was “wrong,” she was “scared” ... More...
   $0 (08-07-2016 - TX)

Victor Manuel Alas v. The State of Texas

Alas, a couple of his male friends, and Cathy Cuellar2—all teenagers—
became acquainted with a middle-aged woman who lived in a nearby apartment.
That woman began to allow the teenagers to use her apartment to drink and smoke
marijuana. One night,3 the teenagers took Xanax before meeting at the apartment.
Although Cuellar, age 15, had experience with alcohol and marijuana, this ... More...
   $0 (08-07-2016 - TX)

Augustus Mitchell v. The State of Texas

Two off-duty police officers were working a private security job patrolling an
apartment complex in west Houston. As they drove through the parking lot, they
encountered Mitchell, who was standing between two parked vehicles. Both officers
saw Mitchell take a handgun from his pocket and place it on the ground. When they
stopped to investigate and secure the weapon, Mitchell tol... More...
   $0 (08-07-2016 - TX)

Javier Galindo Pacheco v. The State of Texas

Appellant, Javier Galindo Pacheco, pleaded guilty to the second-degree felony
offense of sexual assault of a child under seventeen, without an agreed
recommendation as to punishment.1 The trial court withheld a finding of guilt and
ordered a pre-sentence investigation report. Following a pre-sentence investigation
and hearing, the trial court found appellant guilty as charged... More...
   $0 (08-07-2016 - TX)

The State of Texas v. Frank Empey

A grand jury indicted appellee for theft. The indictment charged him with a
state jail felony because it alleged that he had stolen “aluminum or bronze or
copper or brass, of the value of less than $20,000.” See Tex. Penal Code Ann.
§ 31.03(e)(4)(F) (West Supp. 2015).
Appellee filed a pretrial motion to dismiss the indictment. He argued that
the indictment was flawed be... More...
   $0 (08-07-2016 - TX)

Grady Leroy Hodge v. The State of Texas

As set out above, Hodge was charged with multiple counts of aggravated sexual
assault and indecency with a child in two separate causes. The indictments alleged that all of the
offenses occurred in Burnet County and further alleged, as follows, that Hodge intentionally or
Cause number 41288
Aggravated Sexual Assault
Count 1: penetrated A.H.’s anus with his sexua... More...
   $0 (08-06-2016 - TX)

Stephanie Maie Heintzlemann v. The State of Texas

On February 15, 2014, Officer Robert P. Chrane, with the Granite Shoals Police
Department, observed a vehicle roll through a stop sign without coming to a complete stop. He
pulled out behind the vehicle and ran its registration through his in-car system, and the registration
came back as expired. He then activated his overhead lights and initiated a traffic stop of the vehicle,
... More...
   $0 (08-06-2016 - TX)

Terrell Delone Maxwell v. The State of Texas

After this Court affirmed Maxwell’s judgment of conviction, the United States 4
Supreme Court held that a sentence of “mandatory life without parole for those under the age of
18 at the time of their crimes violates the Eighth Amendment’s prohibition on ‘cruel and unusual
punishments.’” Subsequently, Maxwell obtained habeas-corpus relief from the Court of Criminal 5
Appeals, which... More...
   $0 (08-06-2016 - TX)

Ricardo Coronado v. The State of Texas

Pursuant to a plea bargain agreement, appellant Ricardo Coronado pleaded guilty to the
offense of indecency with a child-contact. As part of his plea-bargain, appellant signed a separate
“Waiver of Appeal.” The trial court imposed sentence and signed a certificate stating that this “is
a plea-bargain case, and the defendant has NO right of appeal” and “the defendant has waived the... More...
   $0 (08-06-2016 - TX)

Lawrence Armstead v. The State of Texas

On June 16, 2016, we notified the appellant that the trial court’s certification in this appeal
states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.”
Additionally, the clerk’s record contains a written waiver signed by the appellant pursuant to which
he entered a plea of nolo contendere. The trial court’s judgment also reflects that the... More...
   $0 (08-06-2016 - TX)

Donte Lewayne Wilson v. The State of Texas

The issue is whether the trial court’s rulings on appellant’s challenges for cause harmed
appellant by effectively depriving him of one of his statutorily allotted peremptory challenges.
Gonzales v. State, 353 S.W.3d 826, 831 (Tex. Crim. App. 2011). Harm from the erroneous denial
of a defense challenge for cause focuses on whether a peremptory challenge “was wrongfully taken
f... More...
   $0 (08-06-2016 - TX)

Allen Claude Edwards v. The State of Texas

Allen Claude Edwards appeals his conviction for aggravated assault with a deadly
weapon. In a single issue, appellant contends the evidence is insufficient to support the trial
court’s affirmative finding of a deadly weapon. We dismiss the appeal.
Appellant waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a
knife, and involving family violence. S... More...
   $0 (08-06-2016 - TX)

William Wallace Frey v. The State of Texas

In late 2011, we affirmed the revocation of William Wallace Frey’s community supervision
after concluding that Frey’s appeal was frivolous.1
Since that time, Frey has filed numerous applications for the writ of habeas corpus in state
and federal courts. On April 25, 2016, Frey filed a document titled “Motion to Object to the
Court’s Order to Deny Applicant’s Writ.” Then, on J... More...
   $0 (08-06-2016 - TX)

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