Jolly Dee Neely v. State ( 2015 )


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  •                                                                                                ACCEPTED
    12-14-00309-CR
    TWELFTH COURT OF APPEALS
    TYLER, TEXAS
    4/10/2015 3:53:27 PM
    CATHY LUSK
    CLERK
    12-14-00309-CR
    JOLLY NEELY                               §    IN THE COURT OF APPEALS
    VB.                                       I                       FILED IN
    12th JUDICIAL DISTRICT
    12th COURT OF APPEALS
    STATE OF TEXAS                             ~   TYLER, TEXAS            TYLER, TEXAS
    4/10/2015 3:53:27 PM
    CATHY S. LUSK
    MOTION TO WITHDRAW                            Clerk
    TO THE HONORABLE JUDGE 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
    Counsel was appointed to serve as appellate counsel in these matters on October
    27, 2014. The Brief of the Appellant is due on AprillO, 2015.
    II. Grounds for Withdrawal
    Counsel has reviewed the Clerk's Record and the Court Reporter's Record in
    these cases. Following a professional evaluation of the record, it is Counsel's opinion
    that there is no valid issue to present to this Court, and that the record contains no
    reversible error or jurisdictional defects. Counsel has filed an Appellant's Brief in
    accordance with Anders v. California, 
    386 U.S. 738
    (1967). Finding no valid issue to
    present to the Court, Counsel seeks to withdraw.
    Counsel has sent Appellant explaining his rights, and the ability to pursue his
    own appeal, and a motion to obtain the record if he desires to do so in this matter, and
    attaches a copy of that letter as Exhibit A to this Motion.
    Page 1 of 4
    III. Prayer for Relief
    Counsel requests that he be allowed to withdraw, and for other such relief as the
    Court may deem appropriate.
    Respectfully submitted,
    Law Office of James W. Huggler, Jr.
    100 E. Ferguson, Suite 805
    Tyler, Texas 75702
    Tel: (903) 593·2400
    Fax: (903) 593·3830
    By: /S/ James W. Huggler. Jr.
    James Huggler
    State Bar No. 00795437
    Attorney for Appellant
    Page 2 of 4
    CERTIFICATE OF SERVICE
    This is to certify that a copy of the foregoing Motion has been delivered to
    Michael West, Counsel for the State, and the Appellant, Jolly Neely, at the
    addresses listed below on this the lOth day of April, 2015 by hand delivery or
    regular mail or the State of Texas electronic filing system. Counsel also certified
    that he has provided Jolly Neely, a motion to obtain the record if he so chooses.
    IS/ James W. Huggler. Jr.
    James Huggler
    Michael West                                      Jolly Neely
    Smith County District Attorney's Office           TDCJ #01967101
    100 North Broadway, 4th Floor                     Byrd Unit
    Tyler, Texas 75702                                21 FM247
    Huntsville, Texas 77320
    Page 3 of 4
    Exhibit A
    Letter to J oily Neely
    Page4of 4
    JAMES Wo HUGGLER, JRo
    Board Certified in Criminal Law                                     ATIORNEY AT LAW
    Board Certified in Criminal Appellate Law                                                            Texas Board of legal Specialization
    AprillO, 2015
    Jolly Neely
    TDCJ #01967101
    Byrd Unit
    21 FM 247
    Huntsville, Texas 77320
    RE:        Jolly Neely v. State
    Appeal Number: 12-14,.00309-CR
    Trial Number: 007-04 79-14
    Dear Mr. Neely,
    I am sending you a copy of the Appellant's Brief and a Motion to Withdraw that I have filed with
    the Twelfth Court of Appeals in this matter. I have thoroughly reviewed the record, and have found
    no reversible error or jurisdictional defect in these cases. However, you may choose to file a Brief
    of your own in these matters. I am also sending you a motion to obtain access to the record for your
    use. If you desire to file your own brief in the case, please sign the motion to allow access to the
    record, and return it to me immediately and I will make the necessary copies and file the document
    for you. If you have any questions, please feel free to contact me.
    Enclosures:            Appellant's Brief
    Motion to Withdraw
    Appellant's Motion to Obtain Record
    C:ldata\Corcl User Filcs\Ciicnts\APPEALS\Nccly, Jolly Occ\Ciicni.Bricf.wpd
    First Place Building • 100 East Ferguson, Suite 805 • Tyler,Texas 75702
    903-593-2400 • www.jameshugglerlaw.com • Fax 903-593-3830
    

Document Info

Docket Number: 12-14-00309-CR

Filed Date: 4/10/2015

Precedential Status: Precedential

Modified Date: 9/28/2016