ACCEPTED
01-15-00611-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/20/2015 12:46:48 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00611-CR
IN THE FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
COURT OF APPEALS
11/20/2015 12:46:48 PM
CHRISTOPHER A. PRINE
FOR THE Clerk
FIRST JUDICIAL DISTRICT OF TEXAS
AT HOUSTON
______________________________
CAITLIN COLLEEN HALE
Appellant
VS.
THE STATE OF TEXAS
Appellee
_____________________________
MOTION TO WITHDRAW
AS COUNSEL OF RECORD ON APPEAL
_________________________________________
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, KYLE B. JOHNSON, counsel for Appellant herein, and files this
his Motion to Withdraw as Counsel of Record on Appeal. In support thereof, he would
respectfully show the Court as follows:
I.
On September 9, 2013, the appellant appeared in court and plead “guilty” to the
offense of Aggravated Assault (involving a Family Member). Pursuant to a plea
agreement, the appellant was placed on a 3 year deferred adjudication probation and
assessed a fine of $500. (CR - 015-032). On March 24, 2015, a Motion to Adjudicate
Guilt (MAG) was filed alleging two law violations as well as various technical violations.
On June 15, 2015, the appellant appeared in Court and was arraigned on the
Motion to Adjudicate Guilt. It appears that a deal had been struck with the State in
which, in exchange for a plea of “true” to the MAG allegations, the State would
recommend 2 years in the Institutional Division of the Texas Department of Criminal
Justice. However, the trial court was uncomfortable with the appellant’s responses during
the plea and the trial court stopped the proceeding and set the MAG for a hearing.
A hearing on the State’s Motion to Adjudicate Guilt was held over a two day
period and, on June 25, 2015, a number of the allegations were found “true” and the
appellant was sentenced to 7 years in the Institutional Division of the Texas Department
of Criminal Justice.
II.
In compliance with the requirements of Anders v. California, 386 U.S. 738 (1967),
High v. State, 573 S.W. 2d 807 (Tex.Crim.App. 1978) and Kelly v. State, 436 S.W. 3d 313
(Tex.Crim.App. 2014), court-appointed counsel on this appeal states that he has diligently
reviewed the entire appellate record in this case as well as the applicable case law. In his
opinion, the record presents no plausible grounds for appeal.
The undersigned attorney has 1) written a letter to the appellant notifying him of
counsel’s opinion, 2) provided the appellant with a copy of this Anders Brief along with a
copy of counsel’s Motion to Withdraw, 3) informed the appellant of his right to file a pro
se response and of his right to review the record preparatory to filing that response, 4)
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informed the appellant that, should he choose to invoke his right to file a pro se response,
he should sign and date a Motion to Review the Appellate Record (a form for which was
included) and return it to the Court of Appeals within ten days of the date of the
accompanying letter, 5) provided the appellant with the mailing address for the Court of
Appeals, and 6) advised him of his right to file a Petition for Discretionary Review with
the Court of Criminal Appeals should he fail to get relief in the Court of Appeals.
For the reasons set forth above, the appellant’s counsel requests that he be
permitted to withdraw as counsel on appeal for the appellant.
Respectfully submitted,
/s/ Kyle B. Johnson
Kyle B. Johnson
SBN: 10763570
917 Franklin, Suite 320
Houston, Texas 77002
Tel: (713) 223-4100
Fax: (713) 224-2889
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CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing
document has been forwarded to all counsel of record on this 20th day of November,
2015, to wit:
Alan Curry
Appellate Division
Harris County District Attorney’s Office
1201 Franklin
Houston, Texas 77002
Ms. Caitlin Colleen Hale
SPN # 02691717
Harris County Jail
1200 Baker St., CB 4F1
Houston, TX 77002
/s/ Kyle B. Johnson
Kyle B. Johnson
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