 CERTIFICATE TO BE FILED WITH NOTICE OF APPEAL TO THE COURT
                         OF APPEALS
                                                                                  FILED IN
                                 APPELLATE NO.                             12th COURT OF APPEALS
                                  (To be filled in by COA)                      TYLER, TEXAS
                          TRIAL COURT NO. 2011-0160                        6/11/2015 3:16:09 PM
                                                                                CATHY S. LUSK
                                                                                    Clerk
STATE OF TEXAS                                   217TH JUDICIAL DISTRICT COURT

VS.                                              COURT OF

BRADLEY GRAHAM                                   ANGELINA COUNTY, TEXAS

       The records of my office reflect the following information in this case:

CASE TYPE:           BURGLARY OF HABITATION AND THEFT PROP

JUDGMENT OF APPEALABLE ORDER SIGNED: 05/22/2015

MOTION FOR NEW TRIAL FILED:

NOTICE OF APPEAL FILED:            06/05/2015

REQUEST FOR FINDINGS OF FACT:

DATE REQUEST FOR REPORTER’S RECORD FILED:

PRESIDING TRIAL COURT JUDGE:                  HON. ROBERT K. INSELMANN, JR.

TRIAL COURT REPORTER(S): TERRI DAVIS

WAS APPELLANT DELCARED INDIGENT?                                 √YES         NO

APPELLANT’S COUNSEL IS:            Retained                  √Appointed        Pro se

APPELLANT’S ATTORNEY:              ALBERT CHARANZA, JR.

                   ADDRESS:        P.O. BOX 1825
                                   LUFKIN, TX 75902

               TELEPHONE:          936-634-8568                     FAX:      936-634-0306

      STATE BAR CARD NO.:          00783820




                                             1
*APPELLEE’S ATTORNEY:                     APRIL AYERS-PEREZ

                      ADDRESS:            P.O. BOX 908
                                          LUFKIN, TX 75902

                  TELEPHONE:              936-632-5090

    STATE BAR CARD NO.:                   24090975



DATED THIS 11TH DAY OF JUNE, 2015.



                                                           Reba D. Squyres
                                                           Angelina County, District Clerk
                                                          /S/Robin J. Crain, Deputy Clerk


(Complete in duplicate – Original to 12th Court of Appeals/Trial Court)
                         1517 W. Front St., Suite 354, Tyler, TX 75702

**PLEASE ATTACH A FILE-MARKED COPY OF THE NOTICE OF APPEAL
TO THIS FORM. PLEASE BE SURE THAT ALL OF THE REQUESTED
INFORMATION IN COMPLETE. THANK YOU.




                                                 2
                                       NO. 2011-0160

STATE OF TEXAS                                §
                                              §
vs.                                           §
                                              §
BRADLEY GRAHAM                                §


                                   NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

       Now comes Bradley Graham, Defendant in the above styled and numbered cause, and

gives this written notice of appeal to the Court of Appeals of the State of Texas from the

judgment of conviction and sentence herein rendered against Bradley Graham.

                                           Respectfully submitted,

                                           JERRY N WHITEKER
                                           406 N. First Street
                                           P.O. Box 1443
                                           Lufkin, Texas 75902-1443
                                           Tel: (936) 632-5551
                                           Fax: (936) 632-9550




                                                 State Bar No. 21361500
                                                 whitekerlawoffice@suddenlinkmail.com
                                                 Attorney for Bradley Graham




                                             3
                                CERTIFICATE OF SERVICE

       This is to certify that on June 5, 2015, a true and correct copy of the above and foregoing

document was served on the District Attorney's Office, Angelina County, by facsimile

transmission to 936-637-2818.




                                         c.S:=>
                                            JerryN. Whiteker




                                               4
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                                                           CRIMINAL UUCKE'f
                    Number of
                                   STYLE OF CASE
                      Case

                                 THE STATE OF TEXAS
                                         vs.


                                                      W)


                                                                                               Defendant


                                                           ORDERS OF COURT                                              WITNESSES




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                                                  CASE No. 2011-0160


THE STATE OF TEXAS                                                           §
                                                                             §
v.                                                                           §
                                                                             §
BRADLEY GENE GRAHAM                                                          §
                                                                             §
STATE ID No.: TX05363440                                                     §

                                       JUDGMENT OF CONVICTION BY JURY
                                                                             Date Judgment
Judge Presiding:          HoN. GERALD A. GOODWIN                                                      MAY22, 2015
                                                                             Entered:
                                                                                                      EDWARD MCFARLAND
Attorney for State:       ART BAUEREISS                                      Attorney for             RUDY VELASQUEZ (TRIAL);
                                                                             Defendant:               JERRY WHlTEKER
                                                                                                      Ql\.fPOSITION OF SENTENCE)
Offunstt fur which Defendant Convicted:
THEFT >=$1,500 AND <$20,000 (COUNT II)
Cbamu~ Jnstrum.ent:                                                          Statute for Offens~:
INDICTMENT                                                                   Penal Code §31.03(e)(4)(A)
Date nf Olftmse:
01/20/2011
Dmee oiOff~nse:                                                              Plea to Offense:
2ND DEGREE FELONY                                                            NOT GUILTY
Yerdict ofJw:y:                                                              Findings on Deadly Weapgn:
GUI~TY                                                                       N/A
                                   . NOPLEATO                                                                     NO PLEA TO
                                     ENHANCEMENT,                            Plea to _znd                         ENHANCEMENT,
Plea to }st Enhancement
                                     DEFENDANT                               EnhancementJHabitual                 DEFENDANT
Paragraph:
                                     VOLUNTARILY                             Paragraph:                           VOLUNTARILY
                                     ABSENTED HIMSELF                                                             ABSENTED HIMSELF
                                     BEFORE PUNISHMENT                                                            BEFORE PUNISHMENT
                                                                             Findings on _znd
Findings on    1st Enhancement
                                                                             EnhancementJHabitual
Paragraph:                           TRUE                                    Para. a h:                           TRUE
Punished Assessed by:                               Date Sentence Imposed:                              Daw Sentence to Commence:
JURY                                        SEPTEMBER 26, 2012          MAY 22, 2015
Punishment and Place           EIGHTEEN (18) YEARS CONFINEMENT IN THE INSTITUTIONAL
of Confinement:                DIVISION, TDCJ
                                      THIS SENTENCE SHALL RUN CONCURRENTLY.
Fine:                                    Court Costs:        Restitution:           Restitution Payable to:
$Nil\                                    $NIA                $NIA
Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRiM. PROC. chapter 62
The age of the victim at the time of the offense was N/A          years.
                  If Defendant is to serve sentence in TDCJ. enter incarceration periods in chronoloml order.
                  From 01/20/2011 to 01/25/2011          From 05/01/2015 to 05/22/2015          From to
Time              From to             From to             From to
Credited:
                  If Defendant is to serve sentence in county jail or is given credit toward fine and costa. enter days credited below.
                  N/A :PAYS           NOTES: NlA
        All pertinent information, names and assessments indicated above are incorporated into the laa.guage ol the jud~tment below by reference.
          This cause was called for trial in Angelina County, Texas. The State appeared by her District Attorney.
          Counsel/ Waiyer of Counsel (select one)
C8J Defendant appeared in person with Counsel.
                                                                             7
                                             2011-0160 GRAHAM, BRADLEY (3)                           Page 1 of2
          It appeared to the Court that Defendant was mentally competent and had pleaded as shown above to the charging
instrwnent. Both parties announced ready for trial. A jury was selected, impaneled, and sworn. The INDICTMENT was read to the
jury, and Defendant entered a plea to the charged offense. The Court rece:i,ved the plea and.entered it of record.
          The jury heard the evidence submitted and argument' of counsel The Court charged the. jury as to its duty to determine the
gqilt or innocence of Defendant, and the jury retired to consider the evidence. Upon returning to open court, the jury delivered its
verdict in the presence ofDefendant and defense counsel, if any.
          The Court received the verdict and ORDERED it entered upon the minutes of the Court.
          Punishment Assessed by Jury I Court I No electipn (select opft)
181 Jury. Defendant entered a plea and filed a written election to have the jury assess punishment. The jury heard evidence relative to
the question of punishment. The Court charged the jury and it retired to consider the question of punishment. After due deliberation,
the jury was brought into Court, and, in open court, it returned its verdict as indicated above.
          The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is
GUILTY of the above offense. The Court FINDS the Presentence Investigation, if so ordered, was done according to the applicable
provisions of TEx. CODE CRIM. PRoc. art. 42.12 § 9.
          The Court ORDERS Defendant punished as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and
restitution as indicated above.
          fugiShment Qptions (select OJW)                                                       ·                  ·
183 Confinement in State Jail or Institutional Division. The Court ORDERS the authorized agent of the State of Texas or the
Sheriff otthis County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court ORDERS
Defendant to be cotUined for the period and in the manner indicated above. The Court ORDERS Defendant remanded tO the custody of
the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from
confinement, Defendant proceed immediately to the N/A. Once there, the Court ORDEBS Defendant to pay, or make arrangements to
pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.

           Execution/ Sygen&ion pf Septence (select one)
I8J   The· Court ORDERS Defendant's .sentence EXEcuTED.
           The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent incarcerated.
Furthermore~       the following special findings or prders apply:


Signed and entered on MAY 22, 2615




Clerk: [Clerklnitials]




                                                                                                     Right Thumbprint




                                                                        8
                                        2011-0160 GRAHAM, BRADLEY (3)                   Page 2 of2
 J   •
                                                                    I.(W'""JlliATd, ~·cLoc•<~
                                                                   ~~c:-~~~Qifrl\   '"'rilED
                                                                                              MAY 2 8 201f:,
                                                                                    REBA D. SQUYRES, CLERK, DISTRICT COURT
                                                    NO. 2011-0160                   BY     ANGE~OUNTY,TEXAS DEP:JT:
         STATE OF TEXAS                                    §     IN THE DISTRICT COURT
                                                           §
         vs.                                               §     217th JUDICIAL DISTRICT
                                                           §
         BRADLEY GRAHAM                                    §     ANGELINA COUNTY, TEXAS

                              ORDER ON MOTION TO WITHDRAW AS COUNSEL

                 On   ,L'}j_a~ ~j           , came on to be considered    Jerry N. Whiteker's Motion to

         Withdraw as Counsel.

                 The Court finds that there is good cause for withdrawal of Movant as counsel.

                 The Court further finds that:

                         a.      The Motion for Withdrawal of Counsel was delivered to Bradley Graham.

                         b.      The Motion included written notice to Bradley Graham of the client's right

                 to object to the motion.

                         c.      The Motion included the last known address of Bradley Graham as

                 follows:

                                 1100 Twin Oaks Road
-~---------------



                                 #105, Huntington, Texas 75949

                         d.      There are no pending settings and deadlines in the case.

                 IT IS THEREFORE ORDERED, that Movant is permitted to withdraw as counsel of

         record for Bradley Graham in this cause.

                 IT IS FURTHERED ORDERED that all notices in this cause shall be delivered to

         Bradley Graham in person or sent to Bradley Graham at that address shown above by both

         certified and regular first-class mail.




                                                          9
         The Court ORDERS that Jerry N. Whiteker, Movant, immediately provide written

notification to Bradley Graham of any additional settings or deadlines now known to Jerry N.

Whiteker, of which Bradley Graham has not already been notified.

Signed   on~· 'l-}-.         2--> 1 r

                                           ruDGE~-------




                                             10
               CAUSE NO.



THE STATE OF TEXAS

vs.                                                      OF

(1,~J\ey Grn."-~M                                        ANGELINA COUNTY, TEXAS



      ORDER FOR APPOINTMENT FOR ATTORNEY FOR APPEAL


      The Defendant, by and through trial counsel heretofore appointed by

the Court after proper application establishing indigency, has filed Notice of

Appeal of the Judgment entered in this cause. Accordingly, the Court hereby

appoints   A \ \o e c-t- c..."'-.ot r ~ v'\ :z... Cl'\    , found to be competent to

represent the Defendant in the appeal of the above numbered and entitled cause,

and to continue to represent the Defendant until the case is concluded, or until

released by written order of the Court.

      SIGNED this          9 +" day of _ _--=3=---u-=--_V"t_~-=-----' 201.5_.



                                           DISTRICT JUDGE P




                                              11
