ACCEPTED
12-14-00248-cr
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/10/2015 4:54:04 PM
CATHY LUSK
CLERK
12-14-00248-CR
I
ROBERTA BAGWELL § IN THE COURT OF APPEALS
FILED IN
vs. 12th JUDICIAL DISTRICT
12th COURT OF APPEALS
TYLER, TEXAS
STATE OF TEXAS § TYLER, TEXAS 4/10/2015 4:54:04 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 August
12, 2014. The Brief of the Appellant is due on April10, 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 her rights, and the ability to pursue her
own appeal, and a motion to obtain the record if she 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
Page2of 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, Roberta Bagwell, 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 Roberta Bagwell, a motion to obtain the record if she so
chooses.
lSI James W. Huggler. Jr.
James Huggler
Michael West Roberta Bagwell
Smith County District Attorney's Office TDCJ #01949661
100 North Broadway, 4th Floor Plane Unit
Tyler, Texas 75702 904FM686
Dayton, Texas 77535
Page 3 of 4
Exhibit A
Letter to Roberta Bagwell
Page4of 4
~ ~
. .
JAMES Wo HUGGLER, JRo
Board Certified in Criminal Law ATTORNEY AT LAW
Board Certified in Criminal Appellate Law Texas Board of Legal Specialization
AprillO, 2015
Roberta Bagwell
IDCJ #0 1949661
Plane Unit
904 FM 686
Dayton, Texas 77535
RE: Roberta Bagwell v. State
Appeal Number: 12-14-00248-CR
Trial Number: 114-1742-10
Dear Ms. Bagwell,
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.
~
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Jiunes Huggler
7
'
Enclosures: Appellant's Brief
Motion to Withdraw
Appellant's Motion to Obtain Record
C:\dala\Corel User Files\Ciients\APPEALS\Bagwell, Roberta Winnie\Ciient.Bricf.wpd
First Place Building • 100 East Ferguson, Suite 805 • Tyler,Texas 75702
903-593-2400 • www.jameshugglerlaw.com • Fax 903-593-3830
Roberta Winnie Bagwell v. State
Combined Opinion