Jolly Dee Neely v. State ( 2015 )

ACCEPTED
12-14-00309-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
5/6/2015 5:28:03 PM
CATHY LUSK
CLERK
12-14-00309-CR
J OLLY NEELY § IN THE COURT OF APPEALS
§
vs. § FILED IN
12th JUDICIAL DISTRICT
12th COURT OF APPEALS
§ TYLER, TEXAS
STATE OF TEXAS § TYLER, TEXAS
5/6/2015 5:28:03 PM
CATHY S. LUSK
APPELLANT'S MOTION TO OBTAIN RECORD Clerk
TO THE HONORABLE JUDGES OF SAID COURT:
Now comes James Huggler, Counsel for the Appellant, in the above styled and
numbered causes, and would show the Court as follows:
I. Factual and Procedural Background
Jolly Neely was appointed counsel for purposes of this appeal. Appellate counsel
has reviewed the r ecord and filed a Brief in compliance with A nde1·s v. CalifOrnia, 386
U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel has a lso filed a Motion to
Withdraw.
II. Grounds
In order to file a pro se brief in this case, it is necessary to review the record.
Counsel has explained t he rights t he ability to pursue his own appeal. Appellant
desires to submit his own a ppeal. However, having been appointed appe llate counsel,
the trial court has found Jolly Neely~s indigent. The Court of Criminal Appeals
has stated that appellate counsel has a duty is an Anders brief is filed, to file a motion
to withdraw as well as a motion to allow the appella nt access to t he record in the case.
Kellv v. State, 436 S.W.3cl 313, 319-20 (Tex. Crim. App. 2014).
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III. Prayer for Relief
Appellant requests that he be provided a copy of the appellate record in this
case, or that this Court remand the matter to the trial court to allow Mr. Neely a copy
of the record, and for other such relief as the Court may deem appropriate.
Respectfully submitted,
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion has been delivered to
Michael West, Counsel for the State, at the addresses listed below on this the ---
day of _ _ _ _ _ _ _ _ _, 2015 by hand delivery or regular mail or the State of
Texas electronic filing system.
Michael West
Smith County District Attorney's Office
100 North Broadway, 4th Floor
Tyler, Texas 75702
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