Carter, Brandon Jay

WR-83,286-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/9/2015 5:03:42 PM Accepted 6/10/2015 8:24:46 AM ABEL ACOSTA Nos. WR-83,286-01 & WR-83,286-02 CLERK

§ IN THE RECEIVED COURT OF CRIMINAL APPEALS IN RE 6/10/2015 § ABEL ACOSTA, COURT OF CRIMINAL APPEALS CLERK BRANDON JAY CARTER § STATE OF TEXAS

STATE’S RESPONSE TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

NOW COMES the State of Texas, by and through its District Attorney, 268th Judicial District, Fort Bend County, and responds to Relator’s request that this Court issue writs of mandamus and prohibition to cause the district court to vacate its order substituting appointed counsel.

I. Procedural Background

On August 20, 2012, a grand jury indicted Relator, Brandon Jay Carter, for the offense of burglary of a habitation with intent to commit a sexual assault, a first degree felony, alleged to have been committed on or about September 26, 2011.

On February 17, 2015, a jury trial commenced with the selection of a petit jury, which was selected and sworn on February 18, 2015. Assigned Judge Lee Duggan, Jr. presided at the jury trial.

On February 24, 2015, Relator’s appointed attorney, David Christopher Hesse, argued with the trial court’s rulings, interrupted the trial court when it spoke, and pursued questioning on certain matters after being instructed not to do so. [Exhibit A, being a copy of the judgment of contempt and commitment order, at 1] The trial court advised Mr. Hesse “outside the presence of the jury, that his conduct was contemptuous, that he would not be held in contempt for what had occurred thus far, that he should proceed with care and would be held in contempt if he persisted in such behavior.” [Ex A at 1]

On February 25, 2015, Mr. Hesse “persisted in disrupting the proceedings of the Court during his cross-examination of the State’s witness, Detective Tommy Thompson, by arguing with the Court’s rulings, (2) continued to pursue questioning on matters he was instructed not to pursue, and (3) interrupted the Court when the Court spoke.” [Ex A at 1-2] The jury began deliberations the same day.

On February 26, 2015, the jury reported that their differences were irreconcilable. The trial court gave an Allen charge, but the jury was still unable to reach a verdict. Relator’s motion for a mistrial was granted and the jury was discharged. The trial court then entered a Judgment of Contempt and Commitment Order and released Relator’s defense counsel, David Christopher Hesse on a personal recognizance bond. [Exhibit B, being a copy of the trial court’s docket sheet]

On March 2, 2015, Hon. Thomas Culver, Presiding Judge, 240th District Court, made a docket entry, “Atty. Hesse is removed from this case. Harris Wood is appointed to replace Hesse. Ms. Levy to notify Mr. Wood of reset to 4-6-2015 @ 1:30 p.m.” [Ex B] On March 2, 2015, Hon. James Shoemake, Presiding Administrative Judge entered an order appointing Harris S. Wood, Jr. to defend Relator, and Ms. Levy duly notified Mr. Wood of his appointment. [Exhibit C, being a copy of the appointment packet]

On March 6, 2015, Relator filed petitions for writs of mandamus and prohibition in the First Court of Appeals, which were summarily denied on May 7, 2015. In re Brandon Jay Carter, Nos. 01-15-00216-CR & 01-15-00217-CR (Tex. App.--Houston [1st Dist.] May 7, 2015) (orig. proceedings, not designated for publication).

On March 9, 2015, a Notice of Allegations of Contempt and Order Setting Show Cause Hearing for March 23, 2015 was filed and personally served on Mr. Hesse. [Exhibit D, being a copy of the notice without attachments] The show cause hearing was reset to April 15, 2015.

On March 12, 2015, the trial court entered its Amended Order Substituting Counsel in The State of Texas vs. Brandon Jay Carter, Cause No. 12-DCR-061186. [Exhibit E, being a copy of the Amended Order] The Order recites Mr. Hesse’s *4 requests during Relator’s jury trial to be removed as counsel if he were to be held in contempt. [Ex E at 2] When the trial court removed Mr. Hesse from Relator’s case, Mr. Hesse been held in contempt and a show cause hearing before a different judge was pending. [Exs A and D]

On April 15, 2015, the trial court convened the show cause hearing on Mr. Hesse’s contempt during Relator’s jury trial. Mr. Hesse requested that his amended special plea of double jeopardy be heard first. After the trial court denied relief, Mr. Hesse asked the court to stay the proceedings to enable his appeal of the court’s ruling. Mr. Hesse filed his notice of appeal on April 16, 2016, and filed his brief on June 8, 2015. In re David Christopher Hesse, No. 01-15-00401-CR.

On May 15, 2015, Relator filed the instant applications for writ of mandamus and writ of prohibition in this Court. On June 1, 2015, after receiving Relator’s emergency motion for stay, this Court ordered the Judge of the 240th District Court to file a response with this Court, and permitted the Fort Bend County District Attorney’s Office to also submit a response.

II. The State is not a real party in interest

The crux of Relator’s applications for writs of mandamus and prohibition is to reinstate David Christopher Hesse as Relator’s appointed attorney. Although Relator *5 names District Attorney, John F. Healey, Jr., as a real party in interest, the State of Texas has no interest in which competent attorney represents Relator. More importantly, the State believes that it may be an ethical violation for its attorneys to express an opinion in this matter and as a result, in all likelihood, interfere with the attorney-client relationship.

Respectfully submitted,

John F. Healey, Jr. SBOT # 09328300 District Attorney, 268th Judicial District Fort Bend County, Texas

/s/ Gail Kikawa McConnell Gail Kikawa McConnell SBOT # 11395400 Assistant District Attorney 301 Jackson Street, Room 101 Richmond, Texas 77469 (281) 238-3205/(281) 238-3340 (fax) Gail.McConnell@fortbendcountytx.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing State's response was served on June 9, 2015, the electronic filing manager or by email on the following persons:

David Christopher Hesse, Attorney for Relator Hesse@HoustonCriminalJustice.com

Harris S. Wood, Jr., Appointed Attorney for Relator in Cause No. 12-DCR-061186 hwoodatty@yahoo.com

Hon. Thomas R. Culver, III, Presiding Judge, 240th District Court c/o Becky.Fisher@fortbendcountytx.gov

/s/ Gail Kikawa McConnell Gail Kikawa McConnell

Nos. WR-83,286-01 & WR-83,286-02

§ IN THE IN RE § COURT OF CRIMINAL APPEALS BRANDON JAY CARTER § STATE OF TEXAS

EXHIBITS

Exhibit A: Copy of the Judgment of Contempt and Commitment Order Exhibit B: Copy of the trial court’s docket sheet Exhibit C: Copy of the appointment packet

Exhibit D: Copy of the Notice of Allegations of Contempt and Order Setting Show Cause Hearing

Exhibit E: Copy of the Amended Order Substituting Counsel Exhibit A Exhibit B Exhibit C Exhibit D 6th Exhibit E

12-DCR-061186 ORDER Order 3471820

No. 12-DCR-061186

THE STATE OF TEXAS § IN THE 240TH JUDICIAL vs § DISTRICT COURT OF

BRANDON JAY CARTER § FORT BEND COUNTY, TEXAS

AMENDED ORDER TO SUBSTITUTE APPOINTED COUNSEL On March 2, 2015, the Presiding Administrative Judge, James H. Shoemake, upon the request of Thomas R. Culver, III, the elected judge of the 240th District Court, entered an Order appointing Harris S. Wood, Jr. to defend Defendant, Brandon Jay Carter. In accordance with this Court's docket entry, the Court Administration Coordinator issued a notice substituting Mr. Wood for appointed attorney Chris Hesse. This amended order is now entered to memorialize good cause for the substitution of counsel.

Mr. Hesse represented Defendant in ajury trial, commencing February 17, 2015, with the selection of a petit jury, which was empaneled and sworn on February 18, 2015. The jury could not come to a unanimous decision, and Defendant's motion for a mistrial was granted on February 26, 2015. After the jury was released from service, Mr. Hesse was found in contempt of court by the Hon. Lee Duggan, Jr., sitting by assignment. Mr. Hesse sentenced to a$500 fine, and released on a personal recognizance bond. Attached hereto, without

attachments, is a copy of the Notice of Allegations of Contempt and Order Setting Show Cause Hearing set for March 23, 2015. [Exhibit 1] In addition to the allegations of contempt, the reporter's record reflects several exchanges between Mr. Hesse and the trial court wherein Mr. Hesse expressed his concern about being held in contempt and "asked to be removed from this case because my interests are adverse to my client's at this very moment." [Exhibit 2, RR-Feb. 24, 2015 at 5] And again, "I ask that I be withdrawn as attorney of record...." [Exhibit 3, RR-Feb 25, 2015 at 57] Because Mr. Hesse is subject to a show cause hearing for contempt and had asked to be removed from this case because he might be held in contempt, this Court hereby finds good cause to remove David Christopher Hesse as the appointed attorney in this cuase and to substitute Harris S. Wood, Jr. to defend Brandon Jay Carter.

In addition, on March 3, 2015, the Indigent Defense Coordinator has notified the Court that Mr. Hesse asked to be removed from all appointment lists because he is moving to Amarillo in May 2015. [Exhibit 4, being the affidavit of Raquel Levy]

Signed on March 12, 2015.

Thomas R. Culver, III p/K Presiding Judge, 240th District Court MAR Um2015 P

CterfcBfefifeteSBrt,ff9Jttten#<fe,^C Exhibit 1

No. 12-DCR-061186

STATE OF TEXAS §. ™THE 240TH ^JDIOAL 6 DISTRICT COURT OF VS. . .......b

BRANDON JAY CARTER, § FORT BEND COUNTY, TEXAS Defendant . .. " • •

IN RE: DAVID CHRISTOPHER HESSE •

NOTICE OF ALLEGATIONS OF CONTEMPT AND ORDER SETTING SHOW CAUSE HEARING

• • Notice is hereby given to Respondent, David Christopher Hesse, that certain conduct by you, more fully set forth hereinbelow, is considered by this Court to be prima facie evidence of contempt of court. Attached hereto as Exhibit A, and mcorporated herein, is acopy ofthe Reporter's Record ofthe Court's Judgment of Contempt and Commitment Order. Attached hereto as Exhibit B, and incorporated herein, is a copy of the Reporter's Record of the Testimony of Detective Thompson. Attached hereto as Exhibit C, and incorporated herein, is acopy of the audio recording ofthe trial proceedings on February 24-26, 2015. 1. Factual Allegations

¹.01 Respondent is the attorney of record for the Defendant^ ^entitled and numbered cause. ?flftH&K ~? M8'' ^

HEBKOTSTWCT-COURT

1.02 Ajury trial commenced on February 17, 2015, with the selection of apetit jury on February 18,2015, which was sworn that day. 1.03 On February 18, 2015, the indictment was read, and the Defendant pleaded, "Not Guilty." The State and Respondent for the defense presented opening statements, after which the State's evidence began. 1.04 On February 24, 2015, defense witness Lloyd Malpess testified by agreement ofthe parties out of order, before the State rested its case. 1.04 On February 24,2015, Respondent argued with the Court's rulings. 1.05 On February 24,2015, Respondent interrupted the Court as the Court spoke. 1.06 On February 24, 2015, Respondent pursued questioning on certain matters after being instructed not to do so. 1.07 On February 24, 2015, The Court advised Respondent outside the presence of the jury, that his conduct was contemptuous, that he would not be held in contempt for what had occurred thus far, and that he should proceed with care and would be held in contempt if he persisted in such behavior. 1.08 On February 25, 2015, despite the Court's warnings the day before, Respondent again persisted in disrupting the proceedings ofthe Court during his cross-exaxmnation ofthe State's witness, Detective Tommy Thompson. 1.081 Respondent argued with the Court's rulings, including "I want to tow more about this DeMarcus Hawthorne" [Ex Aat 54]; "I'-have a

right to confront, sir" [Ex Aat 56]; "I object to being denied-" [Ex A at 80-81]; "I can put my objection, now, sir. My objection-" [Ex Aat 81]; "My objection is I-" [Ex Aat 81]; "My client is being denied— my client is being denied-" [Ex Aat 81]; "And Iwant to put it on the record, sir. I want to put it on the record-" [Ex A at 81]; "I object that my client is being demed his right to confront-" [Ex Aat 81]; "Every time you talk over me, sir, I'm not getting on the record. I object-" [Ex Aat 82]; "I'd like to make an offer of proof now, sir" [Ex A at 82] 1.082 Respondent refused to give an estimate of how long Respondent intended to cross-examine the witness, "As long as I see fit, sir," "I don't know," "I'll determine that," "You can deal with that when it comes sir," and when the Court asked for Respondent's best estimate, Respondent twice answered, "No, sir." [Ex Aat 58-62] 1.082 Respondent four times continued to pursue questioning about bad acts or convictions of DeMarcus Cortez Hawthorne after the State's object to relevance was sustained, and the Court had instructed counsel to move on to another topic. [Ex Aat 43-45, 80] 1.083 Respondent twice continued to pursue questioning about latent prints after the State's objection was sustained, and the' ddurt had

instructed Respondent to move on to new material. [Ex Aat 55-56] 1.084 Respondent interrupted the Court when the Court spoke: The Court: You have the usual pathway ofobjections— Respondent: And Iwant to put it on the record, sir. I want to put it on the record—

The Court: And do not talk over the Judge.

[Ex A at 81]

1.09 On February 25, 2015, the State rested after Det. Thompson's testimony, the defense rested, and the evidence was closed. The Court's charge was read, closing arguments were made, and the jury was retired to deliberate on guilt- innocence. The jury was allowed to separate at about 6:50 p.m. on the agreement ofthe parties. 1.10 On February 26, 2015, the jury resumed deliberating, but sent out awritten note stating "our differences are irreconcilable." The Court prepared an Allen charge that was approved by the parties and which was sent to the jury. However, at about noon, the jury was returned to the courtroom, Defendant's motion for mistrial was granted, and the jury was discharged. 1.11 On February 26, 2015, after the jury had been discharged, the* Court entered aJudgment of Contempt and Commitment Order after finding Respondent in contempt and authorized Respondent to make apersonal appearance bond as an officer of the Court. -'; •"

2. Allegations of Contempt

².0l The conduct of the Respondent, as described hereinabove, is contumacious for the reason that it significantly disrupts the orderly proceedings of the court and the proper and effective administration of justice by causing unnecessary delay and the waste ofjudicial resources. 3. Legal Principles

3.01 In determining whether or not the Respondent is in contempt, this Court is cognizant of and guided by the principle that the essence of contempt is not an offense against aparticular judge's personal sensibilities, but is instead an affront to the authority, justice or dignity of the court, which conduct obstructs the proper and effective administration ofjustice. Brown v. United States, 386 U.S. 148 (1958). 3.02 Contempt has been defined as an act which is reasonably calculated to unpede, embarrass, or obstruct the court in the lawful discharge ofits duties. Exparte Soape, 341 S.W.2d 621 (Tex. 1961). 4. Range ofPunishment

4.01 The range ofpunishment for contempt is afine of not more than $500.00, or confinement mthe county jail for aperiod of not more than six months, or by both afine and aperiod of confinement.

5. AssignedJudge

,01 Pursuant to Section 21.002(d) of the Government Code, the Honorable Olen Underwood, presiding judge of this admmistrative region, has appointed the Honorable Michael Seller, to determine the guilt or innocence of the Respondent.

Signed March 6, 2015. ^^

Hon. Lee Duggan,( Judge Presiding by Assignment 240th District Court Fort Bend County, Texas

SHOWCAUSE ORDER

IT IS HEREBY ORDERED that the Respondent, David Christopher Hesse, appear before this Court at 10:00 a.m. on March 23, 2015, to show cause why he should not be held in contempt ofcourt and punished accordingly. NOTICE OF SHOW CA USE ORDER IT IS FURTHER ORDERED that the Clerk of this Court shall cause a NOTICE OF SHOW CAUSE ORDER to be served on Respondent in person on March 9, 2015, upon his appearance at 10:30 ,m. in this Court as Respondent swore he would when released on apersonal recognizance bail bond. Acopy of this notice and order shall also be provided to the Honorable Olen Underwood, Administrative Judge; the Honorable Michael Seller, Presiding Judge by assignment; and the Honorable Thomas Culver, Presiding Judged me 240* District Court.

Signed March

Hon. Michael Seller Judge Presiding by Assignment 240th District Court Fort Bend County, Texas

Exhibit 2

REPORTER'S RECORD VOLUME 1 OF i VOLUMES TRIAL COURT CAUSE NO. 12-DCR-61186

THE STATE OF TEXAS IN THE DISTRICT COURT

FORT BEND COUNTY, TEXAS vs

240TH JUDICIAL DISTRICT BRANDON JAY CARTER

9 10 EXCERPT OF BENCH CONFERENCE 11 12

13 On the 23rd day of February, 2015, the following 14 proceedings came on to be held in the above-titled and 15 numbered cause before the Honorable LEE DUGGAN, JR, 16 Presiding Judge, held in Richmond, Fort Bend County, 17 Texas .

18 Proceedings reported by computerized stenotype

19 machine. 20 21 22 23 24 25

APPEARANCES 1

2 AMANDA BOLIN STUTI PATEL 3 DISTRICT ATTORNEY'S OFFICE 301 Jackson Street 4 Richmond, Texas 77469 Telephone: 281-341-4460 5 Attorney for The State of Texas

7 CHRIS HESSE ATTORNEY AT LAW 8 1110 Front Street, Ste. C Richmond, Tx 77469 9 Telephone: 281-984-0051 Counsel for Brandon Carter 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 (Judge enters) 2 (Out of the presence of the jury) 3 THE COURT: Thank you, have a seat. MR. HESSE: Your Honor, my we approach on

the record?

THE COURT: Approach.

MR. HESSE: Your Honor --

THE COURT: Do you want your defendant

here before we speak? MR. HESSE: Yes, that would be great. 10

11 THE COURT: Counsel, may I have both of

12 you here for a bench conference? 3 MS. PATEL: Yes, Judge MS. BOLIN: Yes, your Honor. 14

THE COURT: I don't want to talk to either 15

16 of you about evidence in the matter at this time but 17 simply scheduling and procedure

18 Are your witnesses here for those matters

19 that you propose to offer proof about? MS. PATEL: Yes, your Honor. 20

21 THE COURT: Is your out of town witness

22 here

23 MR. HESSE: Your Honor, just before we hit

24 that just really quick. 25 THE COURT: I'm sorry?

MR. HESSE: Just before we talk about that, J 2 would like -- just prior to the court reporter coming into 3 the courtroom, you called us up to talk to us about the 4 case.

5 THE COURT: That's correct. I did. 6 MR. HESSE: And I demanded that everything 7 be put on the record. THE COURT: And I don't want to hear some

9 authority from you on that the fact the Judge is not 10 entitled to have the cooperation of lawyers on non-trial 11 matters.

12 MR. HESSE: I demanded that everything 13 that's said between the attorneys and the Judge be put 14 on the record and at which point you advised me if I 15 persist in making that demand, you would hold me in 16 contempt.

17 THE COURT: I'm going to certainly

18 consider it because you've been an impediment to the 19 orderly flow of the case. You haven't been held in 20 contempt yet. m_r. HESSE: That's what — urn — what you 22 told me is you would - if I persist in that course of 23 action insisting that this be put on the record that you 24 would hold me in contempt. And so, sir, now — if you 25 would allow me to speak - now that I'm afraid of being

1 held in contempt

2 THE COURT: Be careful. We are startinc 3 even

4 MR. HESSE: Now that I'm afraid of being 5 held in contempt, I ask for'a continuance and I ask for 6 a mistrial and I ask to be removed from this case 7 because my interest are adverse to my client's at this very moment.

9 THE COURT: Tell me how your interests are

10 adverse to your client?9

11 MR. HESSE: I can't defend my client when

12 I'm afraid of being held in contempt

13 THE COURT: As I say, you have noL been

14 and although I've been told orally about matters that I 15 didn't hear that have been said that you said so you are 16 treading close. But it 's a clean slate and a brand new 17 week. So your motion is for — IQ MR. HESSE: For a continuance, for a 19 mistrial and that I be withdrawn as the attorney of 20 record

2\ THE COURT: Each of your motions is 22 overruled. 23 2 4 25 1 STATE OF TEXAS 2 COUNTY OF FORT BEND 3

I, Liz Wittu, Official Court Reporter in and for the 5 240TH District Court of Fort Bend, State of Texas, do 6 hereby certify that the above and foregoing contains a 7 true and correct transcription of all portions of evidence and other proceedings requested in writing by 9 counsel for the parties to be included in this volume of 10 the Reporter's Record in the above-styled and numbered 11 cause, all of which occurred in open court or in 12 chambers and were reported by me

13 j further certify that this Reporter's Record of the 14 proceedings truly and correctly reflects the exhibits, 15 if any, offered by the respective parties

16 I further certify that the total cost for the 17 preparation of this Reporter's Record is $ and 18 was paid/will be paid by •

19 /S/ Liz Wittu 20 Liz Wittu, CSR 21 Texas CSR 7928 Official Court Reporter 22 240TH District Court Fort Bend County, Texas 23 301 Jackson Houston, Texas 77469 24 Telephone: 281-341-8601 Expiration: 12/31/2015 25

Exhibit 3

February 24 & 25, 2015

February 24 & 25, 2015

1 APPEARANCES

2 AMANDA BOLIN STUTI PATEL 3 DISTRICT ATTORNEY'S OFFICE 301 Jackson Street 4 Richmond, Texas 77469 Telephone: 281-341-4460 ^j Attorney for The State of Texas

1 CHRIS HESSE ATTORNEY AT LAW 8 1110 Front Street, Ste. C Richmond, Tx 77469 9 Telephone: 281-984-0051 Counsel for Brandon Carter 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Tommy Thompson - February 24, 2-015 57 Cross-Examination by Mr. Hesse

1 rule on the objections, that's it. I don't want to 2 argue about it. That's contempt. I'm trying to stay 3 away from contempt. I would like to finish this case.' 4 How long, additionally, do you think it's 5 going to be before you're finished this evening? 6 MR. HESSE: Sir, are you threatening me 7 with contempt?

8 THE COURT: Sir? 9 MR. HESSE: Are you threatening me with 10 contempt?

H THE COURT: No, sir, I'm telling you that 12 your conduct borders on it. But I've overlooked a lot, 13 and I intend to continue to try to overlook a lot. 14 MR. HESSE: If my conduct borders on 15 contempt, I ask for a continuance. I ask for a 16 mistrial. I ask that I be withdrawn as attorney of 17 record, and I ask that the issue of my contempt be -- ig THE COURT: We've been over all this

19 before.

20 MR. HESSE: The issue of my contempt be -- 2i THE COURT: And do not try to talk over 22 me. She only takes my voice when the two of us are 23 being heard. 24 MR. HESSE: That's very unfortunate, sir. 25 THE COURT: Sir?

Detective Tommy Thompson - February 25, 2015 119 Recross-Examination by Mr. Hesse

1 STATE OF TEXAS Exhibit 4

THE STATE OF TEXAS

COUNTY OF FORT BEND

AFFIDAVIT OF RAQUEL LEVY

BEFORE ME, the undersigned authority, on this day personally appeared Raquel Levy, who swore or affirmed to tell truth, and stated as follows: "My name is Raquel Levy. I am over the age of eighteen years and have personal knowledge ofthe facts stated herein, which are true and correct. I am currently employed as the Indigent Defense Coordinator, Administrative Court Services, Fort Bend County. I have been so employed since

the year of 2007.

As part of my duties, I maintain the Misdemeanor and Felony Lists of attorneys qualified for appointment to criminal cases. On February 12, 2015, Mr. Hesse asked me to remove him from all appointment lists because he is moving to Amarillo in May 2015. I notified the judges ofMr. Hesse's request on March 3,

2015."

Rajquel Levy f

SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority on March 12, 2015, by Raquel Levy.

Notary Public in and for the State of Texas My commission expires:

Footnotes

[1] 'P REPORTER'S RECORD 1 VOLUME 1 OF 1 VOLUMES 2 TRIAL COURT CAUSE NO. 12-DCR-61186 3 THE STATE OF TEXAS ) IN THE DISTRICT COURT •- ) FORT BEND COUNTY, TEXAS 4 vs . 5 BRANDON JAY CARTER ) 240TH JUDICIAL DISTRICT 6 7 EXCERPT OF TESTIMONY 9 10 11 12 On the 24th & 25th day of February, 2015, the 13 following proceedings came on to be held in the 14 above-titled and numbered cause before the Honorable» LEE 15 DUGGAN, JR, Presiding Judge, held in Richmond, Fort Bend 16 County, Texas. 17 Proceedings reported by computerized stenotype 18 machine. 19 20 21 22 23 24 25 L

[2] COUNTY OF FORT BEND 3 4 I, Liz Wittu, Official Court Reporter in and for the 5 240TH District Court of Fort Bend, State of Texas, do 6 hereby certify that the above and foregoing contains a 7 true and correct transcription of all portions of 8 evidence and other proceedings requested in writing by 9 counsel for the parties to be included in this volume of 10 the Reporter's Record in the above-styled and numbered 11 cause, all of which occurred in open court or in 12 chambers and were reported by me. 13 I further certify that this Reporter's Record of the 14 proceedings truly and correctly reflects the exhibits, 15 if any, offered by the respective parties. 16 I further certify that the total cost for the 17 preparation of this Reporter's Record is $ and 18 was paid/will be paid by ______• 19 /S/ Liz Wittu 20 Liz Wittu, CSR 21 Texas CSR 7928 Official Court Reporter 22 240TH District Court Fort Bend County, Texas 23 301 Jackson Houston, Texas 77469 24 Telephone: 281-341-8601 Expiration: 12/31/2015 25