Enrique Mata v. State ( 2015 )

NO. 04-15-00345-CR
STATE OF TEXAS § IN THE
§
VS. § FOURTH COURT
§
ENRIQUE MATA § OF APPEALS
APPELLANT^S MOTION FOR PROSE
ACCESS TO THE APPELLATE RECORD
TO THE HONORABLE COURT OF APPEALS: ^
COMES NOW the Appellant in the above styled and numbered cause and
files this Motion for Pro Se Access to the Appellate Record.
I.
Appellant's appointed counsel has filed a motion to withdraw and brief in
support of the motion, pursuant to Anders v. California, 386 U.S. 738 (1967).
II.
The undersigned Appellant wishes to exercise his right to review the appellate
record in preparing to file a pro se response to the Anders briefthat court-appointed
counsel has filed in this case. By filing this motion, the undersigned Appellant asks
this Court to provide him with free, pro se access to the appellate record. See Kelly
V. State, No. PD-0702-13, 2014 WL 2865901, at *3 (Tex. Crim. App. June 25,
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III.
The undersigned Appellant is presently incarcerated and lacks access to a
computer. For that reason, he respectfully requests that a paper copy ofthe appellate
record be provided to him.
IV.
This motion is addressed to the Fourth Court of Appeals, Cadena-Reeves
Justice Center, 300 Dolorosa St., Suite 3200, San Antonio, Texas 78205. This
motion is delivered to the Fourth Court of Appeals by U.S. Mail, on this the 3.0
day of OC-Voto20I5.
WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully
prays that the Court grant this Motion for Pro Se Access to the Appellate Record.
Respectfully submitted.
^riqire Mata
TDCJ# 2001462
Garza West Unit
4250 TX-202
Beeville,TX 78102
APPELLANT
Pg.2
NO. 04-15-00345-CR
ENRIQUE MATA, § COURT OF APPEALS
Appellant, §
§
§ FOR THE FOURTH
§
THE STATE OF TEXAS, §
Appellee. § DISTRICT OF TEXAS
APPELLANT'S BRIEF
To the Honorable Justices of said Court of Appeals:
Enrique Mata, Appellant, files this his Brief from his revocation of his
deferred adjudication probation and thirty year sentence on aggravated sexual
assault of a child, in Cause No. 12-05-00028-CRL, The State of Texas v. Enrique
Mata, in the 218th Judicial District Court of La Salle County, Texas, Judge Russell
Wilson, Presiding over the plea and Judge Donna Reyes, Presiding over
sentencing.
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I.
STATEMENT OF THE CASE
Appellant was charged by indictment with Aggravated Sexual Assault of a
Child. (CR 1.) On February 13, 2014 the Appellant was placed on Deferred
Adjudication probation for a term of ten years, $2,500.00 fine and court costs. (CR
58-59) On February 13, 2014 the Appellant signed his terms and conditions of
community supervision. (CR 60-66.) On April 8, 2014 a Motion to Enter
Adjudication of Guilt and Revoke Community Supervision was filed by the State.
(CR 107-108.) A First Amended Motion to Enter Adjudication of Guilt and
Revoke Community Supervision was filed on August 25, 2014 and a Second
Amended Motion to Enter Adjudication of Guilt and Revoke Community
Supervision was filed on October 23,2014. (CR 111-113, 117.) On February 12,
2015 the Appellant signed Admonitions and Waiver-Motion to Revoke, Plea
Bargaining Agreement, Written Waiver and Consent to Stipulation of Testimony -
Motion to Revoke Probation, Written Waiver of Time to File Motion for New
Trial, Motion in Arrest of Judgment, and To Give Notice of Appeal to the Court of
Appeal. (120-122, 123, 125-128, 130-131.) On February 12, 2015 a hearing was
held where the Appellant entered a plea. (PR.)' On April 14, 2015 the Court held a
refer to the Reporter's records as PR for the plea hearing that was held on
February 12,2015 and SR for the sentencing hearing that washeld on April 14, 2015.
sentencing hearing. (SR.) A Judgment Adjudicating Guilt- was signed on April 14,
2015. (CR 138.) A Notice of Appeal was mailed on May 14, 2015. (CR 143.)
' AMc^n Nunc Pro Tune was filed by the State on May 15, 2015 tocorrect aclerical error in the original
Judgment and an Order onthat Motion was signed onMay 11,2015. (CR 139-140, 142.)
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