Hung Le v. State ( 2015 )

FILE COPY
FILED IN
1ST COURTOF APPEALS
HOUSTON, TEXAS
JUL 31 2015
Return to:
First Court of Appeals CHRISTOPHER PRINE
PHER A, PRIC
301 Fannin Street CLERK.
Houston, Texas 77002
Case Number
01-14-01019-CR
HungLe § COURT OF APPEALS
§ 1ST DISTRICT
The State of Texas § HOUSTON, TEXAS
Pro se Motion for Access to Appellate Record
To the Honorable Justices of Said Court:
Appellant's appointed counsel has filed a brief in the above styled and numbered
cause pursuant to Anders v. California, 386 U.S. 738 (1967).
Appellant now moves this Court to provide him with a copy of the appellate
record including the clerk's record and the court reporter's record for use in preparing his
pro se response to counsel's brief.
Appellant requests an extension of time of 30 days from the granting of this
motion to file a pro se response to counsel's Anders brief.
Respectfully submitted,
Pro se Appellant
Mf&H/r^/jJnit, TDCJ #_ _22°1
T5A/ Ne&£&*J&laU&exa* 15~£8&
Certificate of Service
This is to certify that on ! (Pate), a true and correct copy
of the above and foregoing document was served by mail on:
Harris County District Attorney's Office, 1201 Franklin, Suite 600, Houston, TX 77002
Pro se Appellant
J. SIDNEY CROWLEY
ATTORNEY AT LAW
214 Morton St.
Richmond, Tx. 77469
(281)232-8332 (713) 419-6932 (cell)
July 13,2015
Hung Le, No. 01966229
Michael Unit
2664 FM 2054
Tennessee Colony, Tx. 75886
Dear Mr. Le:
After reviewing the record I have come to the conclusion that there are no arguable grounds of error
that can be advanced. I have therefore prepared an Anders ffrivolous appeal) briefwith the Court of
Appeals. I have enclosed a copy ofthat brief. You have the right to file your own appeal briefifyou
so desire. On the last several pages of the brief I have put down the information that you need to
obtain the record and so forth. I have also enclosed a form you can send to the 1st Court of Appeals
to obtain a copy of the record.
Sincerely,
Sherry Radack Christopher A. Prine
Chief Justice Clerk of the Court
Terry Jennings Janet Williams
Chief Staff Attorney
Evelyn Keyes
Laura Carter Higley
Jane Bland
Michael Massengale
Court of Appeals Phone: 713-274-2700
Fax: 713-755-8131
Harvey Brown First District of Texas www.txcourts.goy/lstcoa.aspx
RebecaHuddle
Russell Lloyd 301 Fannin Street
Justices
Houston, Texas 77002-2066
July 8,2015
HungLe
TDCJ #01966229
Michael Unit
2664 FM 2054
Tennessee Colony, TX 75886
RE: Court of Appeals Number: 01-14-01019-CR Trial Court Case Number: 1398928
Style: HungLe v. The State of Texas ,
jfe Your court-appointed lawyer has filed a briefstating that the record on appeal shows no
reversible error in your case, or error upon which an appeal may be based, and your lawyer is
unable to raise any arguable grounds for appeal. \ •' I ;ntand also has
or will file a motion to; withdraw -fee- i ^. The
Jty motion filed by your lawyer'is also known as an "Andi -• • See Afjfiers v. California, 386
, ^ J, U.S. 738, 87 S. Ct. 1396 (1967).
fcj-1 This letter serves as notice that you may file a Response to your lawyer's Anders Briefon
p#SX»^. or before August 7, 2015, or may file amotion to £xtend&^ to JUe^esponse
I , wj|Mrte court. If you choose to ask for more time to file a Response, then you must file your
U\ , motion for an extension oftime to file a Response on or before August 7, 2015.
ynu pt8 m^ l
'irvij '-.td <^ You are entitled to acopy of the record on appeal in your ease. Ifyou would like acopy
ia"Y- .#£the record, you must complete the attached motion form and return it to the First Court of
kWrHSp1* Appeals, 301 Fannin Street, Houston, TX 77002.
If you file a Response to the Anders Brief, it should state what arguable grounds you
believe a lawyer appointed to represent you should include in an appellate brief. See Bledsoe v.
State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
(VU<
lurn-ftf'
NOTICE TO COURT-APPOINTED COUNSEL
Upon receipt of a request for a copy of the appellate record, this court directs that
Appellant's court-appointed counsel shall (1) make arrangements, within five days from the date
of receiving Appellant's request, to forward a copy of the appellate record to Appellant and (2)
confirm that Appellant has received the record and notify this court in writing that counsel has
confirmed that appellant has received a copy of the record. Court-appointed counsel may
discharge the responsibility for preparing and delivering the record to the Appellant by making
arrangements with the district or county clerk, however it is still counsel's responsibility to
confirm delivery and to provide confirmatory notice to this court. See Escobar v. State, 134
S.W.3d 338, 339-40 (Tex. App.—Amarillo 2003) (order); Pitchford v. State, No. 07-05-0254-
CR, 2006 WL 1587153 (Tex. App.—Amarillo June 9, 2006) (order) (not designated for
publication).
The State's Response, or waiver, is due 30 days after Appellant files a Response, or the
due date for the Appellant's Response haspassed.
Sincerely,
Christopher A. Prine, Clerk of the Court
cc: Alan Curry (DELIVERED VIA E-MAIL)
J Sidney Crowley (DELIVERED VIA E-MAIL)
Harris County District Clerk's Office - Criminal (DELIVERED VIA E-MAIL)