ACCEPTED
01-14-00760-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/13/2015 9:36:02 PM
CHRISTOPHER PRINE
CLERK
DAVID L. GARZA
ATTORNEY AT LAW
FILED IN
102 SOUTH LOCKWOOD 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS 77011
10/13/2015 9:36:02 PM
713/926-4604 CHRISTOPHER A. PRINE
Clerk
October 13, 2015
First Court of Appeals
301 Fannin
Houston, Texas 77002
RE: Alarcon v. Texas; Appellate No. 011400760CR
Greetings:
As ordered, I have written Appellant to inform him of the Motion to Withdraw and
Anders brief filed in this case and provided him with copies of both as well as the
form motion for pro se access to the appellate record. A copy of Appellant’s letter
is attached.
Thank you for your attention to this matter.
Very truly yours,
/s/
David L. Garza
David L. Garza
DLG/jc
October 13, 2015
Ismael Aguilar Alarcon
TDC 01950811
Cotulla Unit
610 FM 624
Cotulla, Texas 78014
RE: Alarcon v. State; Appellate No. 011400760CR
Greetings Mr. Alarcon:
I am writing you regarding your rights and my duties in the appellate process. You have a right
protected by the United States Constitution to have a lawyer represent you on your first appeal,
and I have been appointed to pursue your appeal in the First Court of Appeals of Texas.
However, I have an ethical duty not to file frivolous appeals.
After diligently and thoroughly reviewing the record of your trial, I have concluded that I am
unable to make any meritorious legal arguments on your behalf and that any appeal would be
frivolous. Therefore, I have filed a Motion to Withdraw as Counsel in the First Court of
Appeals. In support of that motion I am required to file a brief discussing any potential points of
error and state either why the trial court’s ruling was correct or why you were not harmed. (This
is commonly referred to as an “ Anders Brief.”) I have enclosed a copy of this brief for your
review.
I would like to outline your rights in this Anders Brief process. As I stated, I have filed a brief in
the First Court of Appeals in support of my Motion to Withdraw. You have a right to object to
my Motion to Withdraw and to file a pro se brief in the First Court of Appeals in response to my
Motion to Withdraw and supporting brief. I have provided their address for your convenience.
The law also requires me to advise you that you have the right to file a brief of your own, that
you have the right to request additional time to do so, and that you have the right to have access
to and to have an opportunity to read the transcript in the case to assist you in the preparation of
your own brief.
If you do so, you should write the First Court of Appeals, 301 Fannin, Houston, Texas 77002,
and inform the court that (1) your counsel has filed a frivolous appeal brief, (2) that you wish to
file a brief of your own, (3) that you wish for the appellate court to extend the deadline for filing
briefs so that you may have time to complete your own brief, and (4) that you desire an
opportunity to read your transcript and statement of facts prior to the deadline for filing your own
brief.
If you choose to file a brief, you should identify for the court those issues which you believe the
court should consider in deciding whether your case presents any meritorious issue. If you file a
pro se brief, the court will engage in an independent review of the record to search for any errors
which might arguably support an appeal or require reversal. If so, then the court will grant my
Motion to Withdraw, but abate the appeal and direct the trial court to appoint you a different
appellate lawyer. If the court finds no error in the record, it will affirm your conviction.
Please understand that I have given your appeal a great deal of thought, but it is my professional
opinion that you received a fair hearing and the record does not indicate any error requiring
reversal of your case.
Sincerely,
/s/
David L. Garza
David L. Garza
DLG/jc
First District Court of Appeals
301 Fannin
Houston, Texas 77002
Ismael Aguilar Alarcon v. State
Combined Opinion