Hung Le v. State

FILE COPY FILED IN 1ST COURTOF APPEALS HOUSTON, TEXAS JUL 31 2015 Return to: First Court of Appeals CHRISTOPHER PRINE PHER A, PRIC 301 Fannin Street CLERK. Houston, Texas 77002 Case Number 01-14-01019-CR HungLe § COURT OF APPEALS § 1ST DISTRICT The State of Texas § HOUSTON, TEXAS Pro se Motion for Access to Appellate Record To the Honorable Justices of Said Court: Appellant's appointed counsel has filed a brief in the above styled and numbered cause pursuant to Anders v. California, 386 U.S. 738 (1967). Appellant now moves this Court to provide him with a copy of the appellate record including the clerk's record and the court reporter's record for use in preparing his pro se response to counsel's brief. Appellant requests an extension of time of 30 days from the granting of this motion to file a pro se response to counsel's Anders brief. Respectfully submitted, Pro se Appellant Mf&H/r^/jJnit, TDCJ #_ _22°1 T5A/ Ne&£&*J&laU&exa* 15~£8& Certificate of Service This is to certify that on ! (Pate), a true and correct copy of the above and foregoing document was served by mail on: Harris County District Attorney's Office, 1201 Franklin, Suite 600, Houston, TX 77002 Pro se Appellant J. SIDNEY CROWLEY ATTORNEY AT LAW 214 Morton St. Richmond, Tx. 77469 (281)232-8332 (713) 419-6932 (cell) July 13,2015 Hung Le, No. 01966229 Michael Unit 2664 FM 2054 Tennessee Colony, Tx. 75886 Dear Mr. Le: After reviewing the record I have come to the conclusion that there are no arguable grounds of error that can be advanced. I have therefore prepared an Anders ffrivolous appeal) briefwith the Court of Appeals. I have enclosed a copy ofthat brief. You have the right to file your own appeal briefifyou so desire. On the last several pages of the brief I have put down the information that you need to obtain the record and so forth. I have also enclosed a form you can send to the 1st Court of Appeals to obtain a copy of the record. Sincerely, Sherry Radack Christopher A. Prine Chief Justice Clerk of the Court Terry Jennings Janet Williams Chief Staff Attorney Evelyn Keyes Laura Carter Higley Jane Bland Michael Massengale Court of Appeals Phone: 713-274-2700 Fax: 713-755-8131 Harvey Brown First District of Texas www.txcourts.goy/lstcoa.aspx RebecaHuddle Russell Lloyd 301 Fannin Street Justices Houston, Texas 77002-2066 July 8,2015 HungLe TDCJ #01966229 Michael Unit 2664 FM 2054 Tennessee Colony, TX 75886 RE: Court of Appeals Number: 01-14-01019-CR Trial Court Case Number: 1398928 Style: HungLe v. The State of Texas , jfe Your court-appointed lawyer has filed a briefstating that the record on appeal shows no reversible error in your case, or error upon which an appeal may be based, and your lawyer is unable to raise any arguable grounds for appeal. \ •' I ;ntand also has or will file a motion to; withdraw -fee- i ^. The Jty motion filed by your lawyer'is also known as an "Andi -• • See Afjfiers v. California, 386 , ^ J, U.S. 738, 87 S. Ct. 1396 (1967). fcj-1 This letter serves as notice that you may file a Response to your lawyer's Anders Briefon p#SX»^. or before August 7, 2015, or may file amotion to £xtend&^ to JUe^esponse I , wj|Mrte court. If you choose to ask for more time to file a Response, then you must file your U\ , motion for an extension oftime to file a Response on or before August 7, 2015. ynu pt8 m^ l 'irvij '-.td <^ You are entitled to acopy of the record on appeal in your ease. Ifyou would like acopy ia^^Y- .#£the record, you must complete the attached motion form and return it to the First Court of kWrHSp1* Appeals, 301 Fannin Street, Houston, TX 77002. If you file a Response to the Anders Brief, it should state what arguable grounds you believe a lawyer appointed to represent you should include in an appellate brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). (VU< lurn-ftf' NOTICE TO COURT-APPOINTED COUNSEL Upon receipt of a request for a copy of the appellate record, this court directs that Appellant's court-appointed counsel shall (1) make arrangements, within five days from the date of receiving Appellant's request, to forward a copy of the appellate record to Appellant and (2) confirm that Appellant has received the record and notify this court in writing that counsel has confirmed that appellant has received a copy of the record. Court-appointed counsel may discharge the responsibility for preparing and delivering the record to the Appellant by making arrangements with the district or county clerk, however it is still counsel's responsibility to confirm delivery and to provide confirmatory notice to this court. See Escobar v. State, 134 S.W.3d 338, 339-40 (Tex. App.—Amarillo 2003) (order); Pitchford v. State, No. 07-05-0254- CR, 2006 WL 1587153 (Tex. App.—Amarillo June 9, 2006) (order) (not designated for publication). The State's Response, or waiver, is due 30 days after Appellant files a Response, or the due date for the Appellant's Response haspassed. Sincerely, Christopher A. Prine, Clerk of the Court cc: Alan Curry (DELIVERED VIA E-MAIL) J Sidney Crowley (DELIVERED VIA E-MAIL) Harris County District Clerk's Office - Criminal (DELIVERED VIA E-MAIL)