Alicia Nichole Perez v. State ( 2015 )

ACCEPTED
03-15-00232-CR
C C 7851796
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/16/2015 4:37:26 PM
JEFFREY D. KYLE
CLERK
03-15-00232-CR
ALICIA NICOLE PEREZ, § IN THE FILED IN
Appellant § 3rd COURT OF APPEALS
AUSTIN, TEXAS
VS. § THIRI~ COURT
11/16/2015 4:37:26 PM
§ JEFFREY D. KYLE
STATE OF TEXAS, § OF APPEALS Clerk
Appellee
MOTION TO WITHDRAW AS COUNSEL
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Susan Schoon, Movant and attorney of record for Appellant,
Alicia Perez and brings this Motion to Withdraw as Counsel and in support thereof
shows:
1. Movant was appointed by the Court to represent Alicia Perez in the
appeal of this cause
2. Appellant, Alicia Perez, was convicted of possession of a controlled
substance and sentenced to a probated sentence of four years.
3. Movant is unable to raise any arguable issues for appeal, and has filed
an Anders brief in this cause.
4. There are currently no pending deadlines.
5. A copy of this motion, as well as a letter informing Appellant of 1)
her right to file apro se response; 2) her right to access the appellate
record; and 3) her right to file a petition for discretionary review
should the appeal be deemed frivolous have been mailed by certified
mail to Appellant. A Motion for Pro Se Access to the Appellate
Record was also sent to appellant at her last known address:
3438 Country View
Cibolo, TX 78108
C C
A copy of the letter is attached to this motion.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court
allow Susan Schoon to withdraw as counsel for Alicia Perez and from any further
representation of Alicia Perez in this cause.
Respectfully submitted,
Schoon Law Firm, P.C.
200 N. Seguin Avenue
New Braunfels, Texas 78130
Tel: (830) 627-0044
Fax: (830) 620-5657
susan~schoon1a~gfj~m.com
By:__________________________
Susan Schoon
State Bar No. 24046803
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certif~y that on November 12. 2015, a true and correct copy of the
above and foregoing document was served on the District Attorney’s Office, Comal
County, Texas by email to ~
Susan Schoon
C C
~çcHooN LAW ]FIIRM, IRC.
November 12, 2015
Ms. Alicia Perez
3438 Country View
Cibolo, Texas 78108
Dear Ms. Perez:
Enclosed please find my motion to withdraw from representing you on
appeal, along with the brief I filed with the 3~ Court of Appeals in Austin. I regret
that I could not identify any grounds for reversal in your case. My brief explains
this to the Court of Appeals, and if they agree, Twill be allowed to withdraw from
the case.
Most importantly, this letter is to notify you of the following important
rights:
1. You have the right to file apro se (this means you represent yoursel~
response to the brief and file it with the Third Court of Appeals. If
you choose to do so, your response will be due within 30 days.
2. You have the right to review the record in order to prepare your
response. Tf you wish to do so, you must file a motion forpro se
access to the appellate record with the Third Court of Appeals. For
your convenience, I have enclosed such a motion. You must sign and
date the motion, and forward it to the Third Court of Appeals within
ten (10) days from the date of this letter.
200 N. Seguin Avenue
New Braunfels, Texas 78130
Phone: (830) 627-0044
Fax: (830) 620-5657
C C
THIRD COURT OF APPEALS
P.O. Box 12547
Austin, Texas 78711
3. You have the right to file a Petition for Discretionary Review (PDR)
with the Court of Criminal Appeals should the Third Court of Appeals
declare your appeal frivolous.
TEXAS COURT OF CRIMiNAL APPEALS
P.O. Box 12308
Austin, Texas 78711
I wish you the best of luck.
Respectfully,
Susan Schoon,
Attorney
C’ C
03-15-00232-CR
ALICIA NICOLE PEREZ, § IN THE
Appellant §
VS. § TifiRD COURT
§
STATE OF TEXAS, § OF APPEALS
Appellee
MOTION FOR PRO SE ACCESS TO THE APPELLATE RECORD
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Alicia Perez, Appellant in the above-styled and numbered
cause, and moves this Honorable Court to allow herpro se access to the appellate
record, and for good cause shows the following:
I.
Appellant is indigent, and Susan Schoon was appointed by the trial court to
represent Appellant for purposes of her appeal.
II.
Susan Schoon has provided Appellant with a copy of the Anders brief filed
in this cause, indicating that she is unable to identi~’ any meritorious points of
error to raise. In order to determine whether to file a response, Appellant requests
access to the appellate record in this cause.
C C
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court
allow her pro se access to the appellate record in this cause.
Respectfhlly Submitted:
Alicia Perez, Appellant
Date
ACCEPTED
03-15-00232-CR
7851796
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/16/2015 4:37:26 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00232-CR
ALICIA NICHOLE PEREZ § IN THE COURT OF APPEALS
§
v. § THIRD JUDICIAL DISTRICT
§
THE STATE OF TEXAS § SITTING AT AUSTIN, TEXAS
CERTIFICATE OF COUNSEL
In compliance with the requirements of Antlers v. Caflf’ornia, 386 U.S. 378
(1967), I, Susan Schoon, court-appointed counsel for appellant, Alicia Nichole
Perez, in the above-referenced appeal, do hereby verify, in writing, to the Court that
I have:
1. notified appellant that I filed a motion to withdraw as counsel with an
accompanying Antlers brief, and provided a copy of each to appellant;
2. informed appellant of her right to file a pro se response identifying what she
believes to be meritorious grounds to be raised in her appeal, should she so
desire;
3. advised appellant of her right to review the appellate record, should she wish
to do so, preparatory to filing that response;
4. explained the process for obtaining the appellate record, provided a Motion
for Pro Se Access to the Appellate Record lacking only appellant’s signature
and the date, and provided the mailing address for this Court; and
5. informed appellant of her right to seek discretionary review pro se should this
Court declare her appeal frivolous.
Respectfully submitted,
Attorney