David Hunt v. State ( 2015 )

ACCEPTED 04-15-00476-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/24/2015 11:23:56 PM KEITH HOTTLE CLERK FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS Law Offices of 11/24/15 11:23:56 PM KEITH E. HOTTLE David A. Cuellar Clerk 1615 Broadway San Antonio, Texas 78215 Phone: (210) 832-9965 Facsimile: (210) 832-9966 November 24, 2015 Fourth Court of Appeals Cadena-Reeves Justice Center 300 Dolorosa, Ste. 3200 San Antonio, TX 78205-3037 RE: 15-00476-CR, David Hunt v. State To The Honorable Justices Of The Fourth Court Of Appeals: I have been instructed to send this correspondence to you regarding the above-referenced case. I was one of the court-appointed attorneys at trial level for Mr. David Hunt and the co-defendant on case number 2014 CR 8842, of which my client Mr. David Hunt was designated defendant B. This case went to jury trial in May of 2015, with the jury rendering a guilty verdict. Before the expiration of thirty days following sentencing, in July of 2015, I, per previous instruction, filed a Motion for New Trial and Notice of Appeal, thinking this case would be sent to the Appellate Public Defender’s office, as I have done before. On Friday, July 31, 2015 at 5:35 p.m., I received a notice from your office that the clerk’s record had been filed. On Monday, August 3, 2015 I inquired in the 226TH District Court why I received said notice and was informed that I had to file a Motion to Withdraw as Counsel. I filed said motion on August 5, 2015, which Order to Withdraw was granted on August 11, 2015. I heard nothing more until the afternoon of November 23, 2015, in the form of an email informing me that the appellate brief in this case was past due. After further investigation it appears there was a puzzling designation in the 226TH’s file that I had been hired on this case on the same day that I filed the Motion for New Trial and Notice of Appeal, July 17, 2015. In no way, shape, or form was I hired in this case and I never, at any time, filed any Notice of Retained Counsel, nor am I on the District Clerk’s rotation of attorneys who handle court-appointed appeals. Further, it also appears that the Order to Withdraw, dated August 11, 2015, which I have attempted to attach to this letter, was never sent to your office as part of the clerk’s record, which seems to be an unusual omission. In summation, I sincerely apologize for the confusion. I await the Court’s instruction on this case, as it is my desire that Mr. Hunt receives the best representation possible. Sincerely yours, David A. Cuellar Attorney at Law ACCEPTED 04-15-00476-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 04-15-00476-CR 11/24/2015 2:31:46 PM KEITH HOTTLE CLERK FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/24/15 2:31:46 PM KEITH E. HOTTLE Clerk