Schlittler, David ( 2016 )

June 16, 2016
FILED IN
COURT OF CRIMINAL APPEALS
,Mr Abel Acosta
Clerk, Court of Criminal Appeals HIM PO 9niR
po box 12308 Juntumb
Capitol Station
Austin, tx 78711 Abel Acosta, Clerk
RE: Schlittler v State
CCA No. PD-1505-14
Trial Court Case No. 30390
Dear Mr Acosta;
Please find enclosed, my Motion for Appointment of Counsel. Would vou
please file these in the matter and promptly bring them to the Honorable Courts
attention for consideration of same.
Thank you, in advance, for vour help!
Respectfully,
David Schlittler # 1498090
Lynaugh Unit
1098 S Hwy 2037
Ft Stockton, TX 79735
cc: Ms Lisa C^Mcmnn
State Eifosecuting Attorney
P 0 Bfrc 13406
Austin, TX 78711
Ms Melinc&'Fletcher
Special Prosecution Unit
P,,0Jbx 1744
frillo, TX 79105
COURT OF CRIMINAL APPEALS NO. PD1505-14
APPEAL CAUSE NO. 12-13-00269-CR
DAVID C SCHLITTLER § IN THE COURT OF
Appellant §
§
V. § CRIMINAL APPEALS OF TEXAS
§
THE STATE OF TEXAS §
Appellee § AT AUSTIN, TEXAS
MOTION FOR APPOINTMENT OF COUNSEL
TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, David C Schlittler, Appellant Prose in the above Cause Numbers,
with this Motion for An Appointment of Counsel pursuant to Rule 2 & 10.1, Texas
Rules of Appellant Procedure & respectfully shows unto the Court:
Appellant filed a Prose Motion for an Out of Time Motion for Rehearing
requesting the Honorable Court consider the fundamental rights violated in
the prosecution of the matter, but which were not presented for review.
The Court granted the motion & withdrew its May 23, 2016 Mandate on June
6, 2016, allowing AoDellant until July 12, 2016 to file the brief.
II.
This Court has Dreviouslv held that a Motion for Rehearin? mav he consi
dered to decide an issue not presented in an original brief! See Hushes v
State. 878 S.W.2d 142. 151 (TCA1992).
The review of these fundamental rights is DroDer and as such, it gives
the Appellate Courts an opportunity to examine the issues ovephg^j©P *nus__.A, c
rv
CRIMINAL fcPPE*1*
promoting efficiency in the legal system & would ber^UBe* wtbrest of iustice.
JUM 20 a»
^el Acosta,Clerk
III.
Appellant, having iust received the granting of his motion, instantly
brings this motion due to the great respect for the Courts precious time &
understands that brief writing is a 'learned' science. Therefore, as a layman,
unskilled & uneducated in law, offers that the assistance of a competent att
orney skilled in constitutional law, would be best at briefing the merit's
concisely & as briefly as possible, so as to allow the Court proper argument
and case citings saving the Court time in determining the constitutional claims.
IV.
Recognizing that a rehearing can be used to bring issues which were not
brought in an original appellant brief, is a reference to the appeal. There
fore, appointed assistance would be made an indigent unless the waiver of same
was given. Appellant was appointed counsel for the appeal and does not silently
waive the close assistance of counsel for briefing this matter.
Appellant recognizes "tferight to be heard would be, in many cases, of
little avail if it did not comprehend the right to be heard by counsel."
PowellwAlabama, 287 U.S. 45 (1932).
V,
WHEREFORE CONSIDERED, Appellant prays the Court grant this motion
appointing an attorney for this proceeding for good cause & to expidite a de
cision on the constitutional deprivations as applied to Appellant which were
not Dresented or considered in the original brief & that has importance in
not only Appellant's case, but others, who may be similarly situated.
Respectfully submitted.
David Schlittler
TDCJ # 1498090
Lynaugh Unit
1098 S Hwv 2037
Ft Stockton, TX 79735
Appellant, Prose
CERTIFICATE OF SERVICE
T certify that a true and correct copy of the Motion for An Appointment
of Counsel has been served upon the parties below, by placing same in a postage
prepaid envelope, and dspositing same in the Lynaugh Unit's mail system on
this, the 16th day of June, 2016.
Ms Lisa C McMirm
State Prosecuting Attorney
P 0 Box 13046
Austin, TX 78711
Ms Melinda Fletcher
Special Prosecution Uinit
P 0 Box 1744
Amarildo, TX 79105
David Schlittler