Ashley Garcia v. State ( 2015 )

ACCEPTED
13-15-00493-CR
THIRTEENTH COURT OF APPEALS
CORPUS CHRISTI, TEXAS
11/20/2015 10:07:07 AM
Dorian E. Ramirez
CLERK
Travis Berry
Attorney at Law
FILED IN
P.O. Box 6333 13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
Corpus Christi, Texas 78466
11/20/2015 10:07:07 AM
DORIAN E. RAMIREZ
Tel. 361-673-5611 / Fax 361-442-2562 travisberrylaw@gmail.com
Clerk
November 20, 2015
Court of Appeals
Thirteenth District
901 Leopard - 10th Floor
Corpus Christi, Texas 78401
Re: Ashley Garcia v. State of Texas
Cause No. 13-15-00493-CR
Letter on Anders brief & Kelly v. State compliance
To this Honorable Court:
In compliance with Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App.
2014), counsel for Appellant Ashley Garcia - on the 18th of November, 2015, -
conveyed and provided the following to Appellant via U.S. Mail:
(1) notified appellant that I filed an Anders brief and a motion to withdraw;
(2) provided appellant with copies of both the Anders brief and the motion;
(3) informed Appellant of her rights to file a pro se response, to review
the record preparatory to filing that response, and to seek review from the Texas
Court of Criminal Appeals if this Court concludes that the appeal is frivolous;
(4) supplied appellant with a form motion for pro se access to the appellate record;
(5) informed appellant she has thirty (30) days to file her pro se response to my
Motion to Withdraw; and
(6) informed appellant she has ten (10) days to file his Pro Se Motion for Access to
the Appellate Record prepared for his signature with the Court’s address provided.
In addition to noticing Appellant of these issues on November 18, 2015, and
providing copies of the Anders brief, the motion to withdraw, and Appellant’s form
for pro se access to the appellate records, undersigned will also forward a copy of
this letter to Appellant to assure that she is on notice of her rights to challenge my
withdrawal, notice of her rights to proceed pro se on direct appeal, how to get the
records on appeal if she so desires to continue pro se, the requisite form to obtain
those records, on notice of the 10 day deadline to request her records on appeal,
and on notice of her 30 day deadline to file a pro se response to the motion to
withdraw.
Please contact me if any further actions need be taken in the filing of the
Anders brief and my motion to withdraw to comply with Kelly v. State. Thank you
for your assistance.
Respectfully,
/s/ Travis Berry
Travis Berry
xc: Douglas Norman Via email
Chief Appellate Counsel - Nueces County District Attorney
Ashley Garcia Via U.S. Mail
TDC: : 02024708
Plane State Jail
904 FM 686
Dayton, TX 77535