Justin Christian v. State

FILED IN O- ' .-.-'PEALS 12th Court Oistrct NO. 12-14-0245-CR JUSTIN CHRISTIAN INTHgG Appellant V. 12th COURT OF APPEALS THE STATE OF TEXAS § Appellee § TYLER, TEXAS MOTION FOR PRO SE ACCESS TO THE APPELLATE RECORD TO THE HONORABLE COURT OF APPEALS: NOW COMES Pro Se Appellant before this Court, and Defendant in the Trial Court in Cause Number 19062 before the 369th Judicial District Court, Cherokee County, Texas, and files this his Motion for Pro Se Access to the Appellate Record, pursuant to Rules 10.5(b) ofthe Texas Rules ofAppellate Procedure and Kelly v. State ofTexas, 436 S.W.3d 313 (Tex. Crim. App. 2014), and for same would show unto the Court as follows, to-wit: Procedural Background: Appellant, as Defendant before the Trial Court in Cause No.: 19062, styled State of Texas v. JUSTIN Christian, was convicted of the Assault Family Violence / Impeding Breath, was placed on seven (7) years probation, had his probation revoked and received a 10-year sentence. Through appointed appellate court, Appellant perfected his appeal to this Honorable Court. Appellate counsel has file abriefalleging that the appeal is frivolous and has requested to withdraw from further representation. II. Page 1 Desire to Seek Additional Relief: Appellant represents that Appellant wants toseek additional reliefinthis matter, including but not limited to, filing his ownpro se appellate brief, reliefthrough writ of habeas corpus for the purpose of pointing out errors or problems Appellant believes would support his right to seek further review ofthis matter as protected by the due process clauses of the State and federal constitutions. IV. Need to Access Records: Appellant would show that he needs to has access to a copy ofthe Reporter's Record and a copy ofthe Clerk's Record so that he can have a reasonable opportunity to pursue Appellant's right to seek additional review ofthis matter. V. Requested Relief: Appellant requests that this matter be filed by the Clerk ofthe Court, and that thereafter, the appellate court enter an Order providing Appellant with reasonable access to the Reporter's Record and the Clerk's Record, at a time and under circumstances that will allow Appellant to reasonably exercise his right to pursue further review of this matter. WHEREFORE, PREMISES CONSIDERED, Appellant requests that this Motion be filed among the papers in this matter; thereafter, that the appellate court enter and order granting Appellant the requested relief. Page 2 Respe^ffully sublM (signature ofPro Se Appellant) (Dated signed) CERTIFICATE OF SERVICE I certify that a true and correct copy ofthe foregoing was delivered by certified mail, return receipt requested, and/or by "fax" transmission and/or by hand-delivery and/or by regular mail appointed counsel and to the StateVattorney. (signature ofPro SeAppellant) ?-/• /r- (Dated signed) Page 3