Charlie Joseph Motes v. State

ACCEPTED 12-15-00111-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/24/2015 6:11:12 PM CATHY LUSK CLERK 12-15-00111-CR CHARLIE MOTES § IN THE COURT OF APPEALS § vs. § FILED IN 12th JUDICIAL DISTRICT 12th COURT OF APPEALS § TYLER, TEXAS STATE OF TEXAS § TYLER, TEXAS 8/24/2015 6:11:12 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 April24, 2015. The Brief of the Appellant is due on August 24,2015. 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 Briefin 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: IS/ 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, Charlie Motes, at the addresses listed below on this the 24th day of August, 2015 by hand delivery or regular mail or the State of Texas electronic filing system. Counsel also certified that he has provided Charlie Motes, a motion to obtain the record if he so chooses. lSI James W. Huggler. Jr. James Huggler Michael West Charlie Motes Smith County District Attorney's Office 489 West Ayers 100 North Broadway, 4th Floor Frankston, Texas 75763 Tyler, Texas 75702 Page 3 of 4 Exhibit A Letter to Charlie Motes Page4of 4 Board Certified in Criminal Law ATIORNEY AT LAW Board Certified in Criminal Appellate Law Texas Board of Legal Specialization August 24, 2015 Charlie Motes 489 West Ayers Frankston, Texas 75763 RE: Charlie Motes v. State Appeal Number: 12-15-00111-CR Trial Number: 114-1777-13 Dear Mr. Motes, 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:\data\Corcl User Filca\Ciients\APPEALS\Motes, Ch111lie Joseph\Ciient.Brief.wpd First Place Building • 100 East Ferguson, Suite 805 • Tyler,Texas 75702 903-593-2400 • www.jameshugglerlaw.com • Fax 903-593-3830