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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89362
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My ex-wife went to her motions hearing today. Can you explain

Resolved Question:

My ex-wife went to her motions hearing today. Can you explain the following to me and does she have the right to appeal?

Charges: Nemes, Erica Renee Statute Level Date
1. MAN DEL CS PG 1 >=400G 481.112(f) First Degree Felony 11/16/2012
2. ENGAGE IN ORGANIZED CRIMINAL ACTIVITY 71.02(a) First Degree Felony 11/16/2012
3. BURGLARY HABITATION INTEND OTHER FELONY 30.02(d) First Degree Felony 11/16/2012
4. POSS TRANSPORT CHEMICAL W/INT MAN CS PG 1/1A 481.124 Second Degree Felony 11/16/2012
Events & Orders of the Court DISPOSITIONS
04/02/2013 Plea (Judicial Officer: Cheshire, Robert C.)

2. ENGAGE IN ORGANIZED CRIMINAL ACTIVITY
Unreported Or Unknown

1. MAN DEL CS PG 1 >=400G
Unreported Or Unknown

4. POSS TRANSPORT CHEMICAL W/INT MAN CS PG 1/1A
Unreported Or Unknown
04/02/2013 Disposition (Judicial Officer: Cheshire, Robert C.)

2. ENGAGE IN ORGANIZED CRIMINAL ACTIVITY
Abandoned

1. MAN DEL CS PG 1 >=400G
Abandoned

4. POSS TRANSPORT CHEMICAL W/INT MAN CS PG 1/1A
Abandoned
04/02/2013 Plea (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Guilty
04/02/2013 Disposition (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Convicted
04/02/2013 Sentenced - Prison (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Confinement to Commence 04/02/2013
10 Years , State, TX Dept Of Criminal Justice
Jail Credit 137 Days


Cheshire/Shugart/Stallings
Fee Totals:


Felony Base Fees $219.00
DC-Fines $5,000.00
Attorney Fee $250.00
Sheriff Fee $60.00
Time Payment $25.00
Fee Totals $ $5,554.00

Provisions (Other)

$140 restitution


OTHER EVENTS AND HEARINGS
02/08/2013 Indictment (Opens Case)
02/11/2013 Capias Order
02/11/2013 Exhibit B
02/11/2013 Court Appointing Attorney
(3)
02/12/2013 Capias Issued (Inactivates Pending Case)
02/12/2013 Setting Notice
02/12/2013 Capias Returned (Re-Activates Pending Case)
02/12/2013 Precept
02/13/2013 Magistrate Arraignment (8:57 AM) ()
Defendant given magistrate arraignment. Bond set at $5,000.00. Whitaker

02/13/2013 Magistrate Warning (Arraignment)
02/19/2013 Letter
02/22/2013 Arraignment Hearing (9:00 AM) (Judicial Officer Cheshire, Robert C.)
Waiver of arraignment to be filed. Case set. Cheshire

03/04/2013 Agreed Order
for Bond Reduction
03/04/2013 Pre-Sentence Investigation Report
03/05/2013 Plea (9:00 AM) (Judicial Officer Cheshire, Robert C.)
Waiver of hearing filed. Case set. Cheshire

03/05/2013 Waiver of Hearing - Indictment/Information
03/05/2013 Waiver Of Arraignment
04/02/2013 Motions Hearing (9:00 AM) (Judicial Officer Cheshire, Robert C.)
04/02/2013 Plea Memorandum
04/02/2013 PSIR Inspection Authorization
04/02/2013 Trial Courts Certification of Defendants Right to Appeal
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
04/02/2013 Cost Bill
05/01/2013 CANCELED Jury Trial (9:00 AM) (Judicial Officer Cheshire, Robert C.)
Case Disposed
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question I look forward to working with you to provide you the information you are seeking.

If she was found guilty on the burglary charges on 4/2/13, which is what it appears from the record above. As she was convicted and the court certified her right to appeal, she now has the right to appeal the conviction to the court of appeals.



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Customer: replied 1 year ago.


This was just a motions hearing. Not the trial.

Expert:  Law Educator, Esq. replied 1 year ago.
According to what you posted above it was much more than that. It states on 4/2/13 she was convicted of burglary of inhabited dwelling and sentenced to 10 years. If she was sentenced, which is what the record you posted yourself above says, then the case is ready for appeal to the court of appeals.

You posted:

4. POSS TRANSPORT CHEMICAL W/INT MAN CS PG 1/1A
Abandoned
04/02/2013 Plea (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Guilty
04/02/2013 Disposition (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Convicted
04/02/2013 Sentenced - Prison (Judicial Officer: Cheshire, Robert C.)

3. BURGLARY HABITATION INTEND OTHER FELONY
Confinement to Commence 04/02/2013
10 Years , State, TX Dept Of Criminal Justice
Jail Credit 137 Days
Customer: replied 1 year ago.

I guess she took a plea deal.

Expert:  Law Educator, Esq. replied 1 year ago.
It seems like she took some type of deal and generally on a plea deal the defendant waives their rights to appeal, but it seems that the court certified her rights to appeal, so you need to read the order of the court to see why they did that.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89362
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you

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