ACCEPTED
12-14-00283-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
3/9/2015 12:24:17 PM
CATHY LUSK
CLERK
IN THE COURT OF APPEALS
THE TWELFTH DISTRICT OF TEXAS FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
TYLER, TEXAS 3/9/2015 12:24:17 PM
CATHY S. LUSK
Clerk
GENEVA DORISVASQUEZ CASE NO. 12-14-00282-CR
12-14-00283-CR
V.
TRIAL COURT NO.
THE STATE OF TEXAS 2013-0039
2014-0421
APPEALED FROM THE 159TH DISTRICT COURT
OF ANGELINA COUNTY, TEXAS
THE HONORABLE PAUL WHITE , JUDGE PRESIDING
MOTION TO WITHDRAW
TO THE HONORABLE COURT OF APPEALS;
COMES NOW, John D. Reeves, court appointed attorney on appeal for
Geneva Vasquez, Appellant, and pursuant to. Anders v. California, 386 U.S. 738,
87 S. Ct. 1396, 18 L.Ed.2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex.
Crim. App. 1969). and Stafford v. State 813 S.W. 2d 503 (Tex. Crim. App. 1999),
files this Motion to Withdraw, and for good cause shows this Honorable Court the
following:
I . FACTS
1. Appellant Geneva DorisVasquez waived arraignment for the offense of
Burglary of a Habitation cause 2014-0421 on November 13, 2013 and entered a
plea of not guilty.
2. Appellant, Geneva Doris Vasquez signed a waiver of jury trial on April 14th,
2014 which was approved by the trial court.
3. Appellant Geneva Doris Vasquez pled guilty to an information plea by waiving
indictment for the offense of burglary of a habitation on July 18th, 2014 in cause
2014-0421.
2. Geneva Doris Vasquez plead true to allegations that she violated her probation
in cause 2012-0039 on July 18th, 2014.
4. Appellant, Geneva Doris Vasquez, entered a plea of guilty to the information of
burglary of a habitation committed on May 20th, 2014 and she received fifteen (15)
years in the ID-TDCJ on September 3rd 2014 after a sentencing hearing in cause
2014-2014, 12-14-00283- CR. She also received two years (2) State Jail in a
revocation of her probation of credit card abuse in 2012-0039, 12-14-00282-CR.
A corrected Judgment was entered in cause 2012-0039 on September 3, 2012.
5. On September 26th, 2014 trial counsel filed a Notice of Appeal and Motion to
Withdraw.
6. A trial court certification signed on September 29th, 2014 denied appellant an
appeal in cause 2012-0039 and cause 2014-0421.
7. Pursuant to this court’s order the trial court conducted a hearing and appointed
John D. Reeves as appeal counsel on December 14th, 2014 in cause 2012-0039 and
2014-0421 and signed a trial court certification allowing an appeal on sentencing
only in 2014-0421 and no appeal in 2012-0039.
8. Pursuant to this court’s subsequent ruling the trial court signed an amended trial
court certification allowing appellant an appeal on 2012-0039 and 2014-0421
however, the trial court certification was in error.
9. On October 14th, 2014 an Order appointing John D. Reeves as appellate counsel
was entered by the trial court.
10. Additionally, a corrected trial court certification was signed by all parties and
filed with this court on March 2, 2015 allowing appellant unrestricted right of
appeal in 2012-0039 and right of appeal in 2014-0421.
7. The order for designation of records was signed by the trial court on October
24th, 2014 for the Clerk’s Record and the Reporter’s Record.
8. On March 9th, 2015 appeal counsel filed an Anders brief on behalf of
Appellant with this Honorable Court, and forwarded a copy of the brief to
appellant explaining her rights regarding pro se brief.
II. ARGUMENT
9. In accordance with the requirements of Anders v. California, 386 U.S. 738, 87
S. Ct. 1396, 18 L.Ed.2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex.
Crim. App. 1969). and Stafford v. State 813 S.W. 2d 503 (Tex. Crim. App. 1999),
counsel for Geneva Doris Vasquez requests this Honorable Court to allow him to
withdraw.
10. Appellant’s address is:
Geneva Doris Vasquez
Marlin Unit
TDC # 01960391
2893 Hwy 6
Marlin, Texas 76661
11. Counsel for Appellant has forwarded a copy of the Anders brief to Appellant.
12. Good cause exists to relieve counsel, John D. Reeves, counsel for Appellant
from his representation of appellant Geneva Doris Vasquez. Specifically, counsel
for Appellant can find no arguable grounds to support an appeal and finds after a
thorough review of the record that any issue brought forth would be without merit
and frivolous.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, counsel for Appellant prays that this
Honorable Court grant his Motion to Withdraw without harm to the rights
guaranteed Geneva Doris Vasquez the United States Constitution and the
Constitution of the State of Texas.
Respectfully Submitted,
/s/John D. Reeves
John D. Reeves
SBN # 16723000
1007 Grant Avenue
Lufkin, Texas 75901
Ph: (936) 632-1609
Fax: (936) 632-1640
Email: tessabellus@yahoo.com
CERTIFICATE OF SERVICE
I hereby certify that on the foregoing instrument was mailed by E- filing on this the
9th day of March 2015 to the following counsel and parties of record.
Ms. April- Perez /s/John D. Reeves
Angelina Asst. District Attorney _______________________
P.O. Box 908 John D. Reeves
Lufkin, Texas 75845
aperez@angelinacounty.net
Geneva DorisVasquez
Marlin Unit
TDC # 01960391
2893 S. Hwy 6
Marlin, Texas 76661