Opinion

Hung Le v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jul 31, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 3.1%

The opinion

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)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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