ACCEPTED
12-14-00309-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/10/2015 3:53:27 PM
CATHY LUSK
CLERK
12-14-00309-CR
JOLLY NEELY § IN THE COURT OF APPEALS
VB. I FILED IN
12th JUDICIAL DISTRICT
12th COURT OF APPEALS
STATE OF TEXAS ~ TYLER, TEXAS TYLER, TEXAS
4/10/2015 3:53:27 PM
CATHY S. LUSK
MOTION TO WITHDRAW Clerk
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes James Huggler, Counsel for the Appellant, in the above styled and
numbered causes, and would show the Court as follows:
I. Factual and Procedural Background
Counsel was appointed to serve as appellate counsel in these matters on October
27, 2014. The Brief of the Appellant is due on AprillO, 2015.
II. Grounds for Withdrawal
Counsel has reviewed the Clerk's Record and the Court Reporter's Record in
these cases. Following a professional evaluation of the record, it is Counsel's opinion
that there is no valid issue to present to this Court, and that the record contains no
reversible error or jurisdictional defects. Counsel has filed an Appellant's Brief in
accordance with Anders v. California, 386 U.S. 738 (1967). Finding no valid issue to
present to the Court, Counsel seeks to withdraw.
Counsel has sent Appellant explaining his rights, and the ability to pursue his
own appeal, and a motion to obtain the record if he desires to do so in this matter, and
attaches a copy of that letter as Exhibit A to this Motion.
Page 1 of 4
III. Prayer for Relief
Counsel requests that he be allowed to withdraw, and for other such relief as the
Court may deem appropriate.
Respectfully submitted,
Law Office of James W. Huggler, Jr.
100 E. Ferguson, Suite 805
Tyler, Texas 75702
Tel: (903) 593·2400
Fax: (903) 593·3830
By: /S/ James W. Huggler. Jr.
James Huggler
State Bar No. 00795437
Attorney for Appellant
Page 2 of 4
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion has been delivered to
Michael West, Counsel for the State, and the Appellant, Jolly Neely, at the
addresses listed below on this the lOth day of April, 2015 by hand delivery or
regular mail or the State of Texas electronic filing system. Counsel also certified
that he has provided Jolly Neely, a motion to obtain the record if he so chooses.
IS/ James W. Huggler. Jr.
James Huggler
Michael West Jolly Neely
Smith County District Attorney's Office TDCJ #01967101
100 North Broadway, 4th Floor Byrd Unit
Tyler, Texas 75702 21 FM247
Huntsville, Texas 77320
Page 3 of 4
Exhibit A
Letter to J oily Neely
Page4of 4
JAMES Wo HUGGLER, JRo
Board Certified in Criminal Law ATIORNEY AT LAW
Board Certified in Criminal Appellate Law Texas Board of legal Specialization
AprillO, 2015
Jolly Neely
TDCJ #01967101
Byrd Unit
21 FM 247
Huntsville, Texas 77320
RE: Jolly Neely v. State
Appeal Number: 12-14,.00309-CR
Trial Number: 007-04 79-14
Dear Mr. Neely,
I am sending you a copy of the Appellant's Brief and a Motion to Withdraw that I have filed with
the Twelfth Court of Appeals in this matter. I have thoroughly reviewed the record, and have found
no reversible error or jurisdictional defect in these cases. However, you may choose to file a Brief
of your own in these matters. I am also sending you a motion to obtain access to the record for your
use. If you desire to file your own brief in the case, please sign the motion to allow access to the
record, and return it to me immediately and I will make the necessary copies and file the document
for you. If you have any questions, please feel free to contact me.
Enclosures: Appellant's Brief
Motion to Withdraw
Appellant's Motion to Obtain Record
C:ldata\Corcl User Filcs\Ciicnts\APPEALS\Nccly, Jolly Occ\Ciicni.Bricf.wpd
First Place Building • 100 East Ferguson, Suite 805 • Tyler,Texas 75702
903-593-2400 • www.jameshugglerlaw.com • Fax 903-593-3830