Cause No. 01-13-00944-CR
Cause No. 01-13-00945-CR
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE FIRST COURT OF APPEALS 10/23/2015 1:31:13 PM
CHRISTOPHER A. PRINE
Clerk
GABRIEL PALACIOS, APPELLANT
VS.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 338th Criminal District Court
of Harris County, Texas, Cause Nos. 1360054, 1360055
Honorable Brock Thomas, Judge Presiding
MOTION TO WITHDRAW FROM REPRESENTATION
TO THE HONORABLE JUSTICES OF THE FOURTEENTH COURT OF
APPEALS:
Comes now court-appointed appellate counsel, Deborah Summers, and
respectfully requests that she be allowed to withdraw from representation on the above
referenced appeal and in support would show the Court as follows:
I
I have reviewed the appellate record in this cause and have determined that there
are no legally cognizable arguments which could conceivably persuade this Court to
reverse my client's conviction. I have attempted to resolve doubts and
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ambiguous legal questions in favor of my client and have not been able to locate one
issue which is arguable on its merits.
II
I have provided my client with a copy of my brief in this cause and provided him
with a motion to have the appellate record made available to Appellant and for an
extension of time in which to allow Appellant to file a pro se brief under the Anders v.
California, 386 U.S. 738 (1967) procedure. Further, I have informed my client that he has
the right to review the appellate record and file a pro se brief.
WHEREAS PREMISES CONSIDERED, appellant counsel prays that this Court
GRANT this motion and allow counsel to withdraw from representation.
Respectfully submitted,
/s/Deborah Summers
Deborah Summers
11210 Steeplecrest, # 120
Houston, Texas 77065
State Bar no. 19505600
(281)897-9600
summerspc@sbcglobal.net
Counsel for Appellant
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April 10, 2014
Gabriel Palacios
TDCJ # 1894350
295 IH-45 North
Huntsville, Texas 77320-8443
Re: Appeal No. 01-13-00944-CR; 01-13-00945-CR
Gabriel Palacios vs. State of Texas
Dear Mr. Palacios:
Enclosed you will find three items for your attention: (1) the appellate brief I have
prepared on your behalf; (2) a motion to have the transcript sent to you, and; 3) a motion for
an extension of time in which to allow you to file a pro se brief under the Anders v. California, 386
U.S. 738 (1967) procedure.
After diligently reviewing the appellate record and researching the law applicable in your
case, it is my professional opinion that no reversible error was committed in your trial.
The law provides that you have the right to view the appellate record and file your own
brief. To exercise this right you must inform the First Court of Appeals of your intention within
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a reasonable time, generally within thirty (30) days. I have enclosed a motion you may use to
exercise this right. If you want to file your own brief, sign and mail this motion to: First Court
of Appeals, 301 Fannin, Houston, Texas 77002.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Deborah Summers
enc.
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Cause No. 01-13-00944-CR
Cause No. 01-13-00945-CR
IN THE FIRST COURT OF APPEALS
GABRIEL PALACIOS, APPELLANT
VS.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 338th Criminal District Court
of Harris County, Texas, Cause Nos. 1360054, 1360055
Honorable Brock Thomas, Judge Presiding
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Comes now Appellant, GABRIEL PALACIOS and files this his Motion for an
extension of time to file a pro se brief and would respectfully show the Court as follows:
I
I have been served with a copy of the brief filed by my court-appointed appellate
attorney, Ms. Deborah Summers. She has filed an Anders brief along with a motion to
withdraw the appeal. I have been advised by Ms. Summers that I have the right to
review the appellate record and file a pro se brief.
II
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It is my desire to file a pro se brief. I have received a copy of my trial transcript
from Ms. Summers. Further, I request that the Court allow me at least thirty (30) days,
from the date the Court receives this request to file a pro se brief with the clerk of this
Court.
WHEREFORE PREMISES CONSIDERED, Appellant prays the Court
GRANT Appellant's motion for extension of time to file a pro se brief of at least thirty
(30) days from the date the Court receives this request.
Respectfully submitted,
GABRIEL PALACIOS
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