Tricia Gilford v. State ( 2015 )

ACCEPTED
01-15-00026-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/3/2015 1:56:43 PM
IN THE COURT OF APPEALS CHRISTOPHER PRINE
CLERK
FOR THE FIRST DISTRICT OF TEXAS
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
NO. Ol-15-00026-CR 3/3/2015 1:56:43 PM
CHRISTOPHER A. PRINE
Clerk
TRICIA GILFORD
Appellant
VS.
THE STATE OF TEXAS
Appellee
COUNSEL'S MOTION TO WITHDRAW
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES THOMAS J. BURBANK, Attorney at Law, who is
the attorney of record for the Appellant, TRICIA GILFORD,
and respectfully requests that he be allowed to withdraw
from that representation, and would show as follows, to-
wit:
I .
Counsel was appointed to represent Appellant, TRICIA
GILFORD. Counsel did not represent Appellant at the
proceeding for which this appeal pertains.
II.
Appellant, TRICIA GILFORD, timely filed a Notice of
Appeal. Appellant has subsequently filed wi th this Court
an Appellate Brief, pursuant to Anders v California, 386
u.s. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). As
counsel believes there are no meritorious lssues for
appeal, there is no need for continued representation by
counsel.
III.
Attached hereto as Exhibit A is a copy of a letter sent
by Certified Mail, Return Receipt Requested, to Appellant
by Counsel simultaneously with the filing of the
Appellant's Brief. The letter informs Appellant of his
right to request the record, to file a pro se Brief, and to
seek an extension of time to do so.
Respectfully submitted,
By: (},l ~ r. 13uvbcuttlv
Thomas J. Burbank
2 Acadiana Court
Beaumont, TX 77706
409/895-0200
FAX 409/895-0080
State Bar No. 03355340
burbank_hamm@yahoo.com
ATTORNEY FOR DEFENDANT/APPELLANT
TRICIA GILFORD
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the
above and foregoing Counsel's Motion to Withdraw has been
served to the following parties on ~his the 3 rd day of
March, 2015.
(~( ~ r. 13u¥bc:uttJv
Thomas J. Burbank
Christopher A. Prine
Court of Appeals, First District
301 Fannin Street
Houston, Texas 77002-2066
Mr. Waylyn Thompson
Assistant District Attorney
1001 Pearl Street
Beaumont, TX 77701
Tricia Gilford
#1973661
Lucille Plane State Jail
904 FM 686
Dayton, Texas 77353
EXHIBIT "A"
BURBANK LAw FIRM Thomas J. Burbank, P.C.
2 Acadiana Court, Beaumont, Texas 77706
(409)895-0200 Fax (409)895-0080
burbank_hamm@yahoo.com
March 3, 2015
Re: Court of Appeals No. Ol-15-00026-CR
Trial Court No. 13-15953; State vs. Tricia Gilford
VIA CERTIFIED MAIL RRR
Tricia Gilford
#1973661
Lucille Plane State Jail
904 FM 686
Dayton, Texas 77353
Dear Ms. Gilford:
Enclosed you will find the Appellant's Brief which has been
filed on your behalf this date. You will note that the Brief
indicates to the Court of Appeals that there are no issues that would
require the Court to reverse your conviction or sentence. I
carefully read, reviewed and researched the case.
I filed the appeal because I have an obligation to do so when a
defendant requests that his case be appealed. However, I also have
an obligation to the Court not to make frivolous arguments . United
States v Burleson, No. 93-2619 (5th Cir. 1994); United States v Cruz,
No. 92-2631 (5th Cir. 1994).
You have a copy of the clerk's record and reporter's record in
your case that I have previously sent to you. If you disagree with
my opinion and the Appellant's Brief, you may file a Pro Se Brief on
your own. You may also request an extension of time to file such
Brief. To make such a request, you should contact the Clerk of the
Court of Appeals for the First District by writing to Mr. Christopher
A. Prine, Deputy Clerk, Court of Appeals, First District, 301 Fannin
street, Houston, Texas 77002-2066.
Ms. Tricia Gilford February 23, 2015
Page 2
Please be advised that the Clerk does not provide you with a
copy of the court's record but will assist you in getting access to
the record. Further, I am enclosing our Counsel's Motion to Withdraw
which I have filed with the Court of Appeals in this matter. You
also have the right to file a pro se response to the Motion to
Withdraw.
Finally, once this Court has rendered an opinion in your case,
they should notify you and me of their decision. It is important to
remember that if you do not agree with their ruling, you have a right
to file a pro se petition for discretionary review pursuant to Rule
68 of the Texas Rules of Appellate Procedure. You have thirty (30)
days to file the discretionary review petition, so time is of the
essence.
If there are any questions, please feel free to write. I will
assist you if I can.
Respectfully,
----_-.-_ ... -
Thomas J. Burbank
TJB/cjc
Enclosures