Brandon Durrell Medford v. State

Court of Appeals of Texas

Brandon Durrell Medford v. State

DecidedJanuary 8, 2015

Docket12-14-00109-CR

StatusPublished

This text of Brandon Durrell Medford v. State (Brandon Durrell Medford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brandon Durrell Medford v. State, (Tex. Ct. App. 2015).

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ACCEPTED 12-14-00109-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/8/2015 5:04:22 PM CATHY LUSK 12·14-00 109-CR CLERK

BRANDON MEDFORD IN THE COURT OF APPEALS vs. 12th JUDICIAL DISTRICT FILED IN 12th COURT OF APPEALS STATE OF TEXAS TYLER, TEXAS TYLER, TEXAS 1/8/2015 5:04:22 PM APPELLANT'S MOTION TO OBTAIN RECORD CATHY S. LUSK Clerk TO THE HONORABLE JUDGES 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 Brandon Medford was appointed counsel for purposes of this appeal. Appellate counsel has reviewed the record and filed a Brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel has also filed a Motion to Withdraw.

II. Grounds In order to file a pro se brief in this case, it is necessary to review the record. Counsel has explained the rights the ability to pursue his own appeal. Appellant desires to submit his own appeal. However, having been appointed appellate counsel, the trial court has found Brandon Medford indigent. The Court of Criminal Appeals has stated that appellate counsel has a duty is an Anders brief is filed, to file a motion to withdraw as well as a motion to allow the appellant access to the record in the case. Kelly v. State, 436 S.W.3d 313, 319·20.(Tex. Crim. App. 2014).

Page 1 of 2 •• y

III. Prayer for Relief Appellant requests that he be provided a copy of the appellate record in this case, or that this Court remand the matter to the trial court to allow Mr. Medford a copy of the record, and for other such relief as the Court may deem appropriate.

Respectfully submitted,

/ Brandon Medford c/o Smith County Jail 206 E. Elm Street Tyler, Texas 75702 105 W. Hollis Troup, Texas 75789

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Motion has been delivered to Michael West, Counsel for the State, at the addresses listed below on this the :lit day of VOt ~ Y'l bt~ , 2014 by hand delivery or regular mail or the State of Texas electronic filing system.

~Brandon "~ JMedford d17 fr1eJ.fa'"./

Michael West Smith County District Attorney's Office 100 North Broadway, 4th Floor Tyler, Texas 75702

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ACCEPTED 12-14-00109-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/8/2015 5:04:22 PM CATHY LUSK 12·14-00 109-CR CLERK

BRANDON MEDFORD IN THE COURT OF APPEALS vs. 12th JUDICIAL DISTRICT FILED IN 12th COURT OF APPEALS STATE OF TEXAS TYLER, TEXAS TYLER, TEXAS 1/8/2015 5:04:22 PM APPELLANT'S MOTION TO OBTAIN RECORD CATHY S. LUSK Clerk TO THE HONORABLE JUDGES 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 Brandon Medford was appointed counsel for purposes of this appeal. Appellate counsel has reviewed the record and filed a Brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel has also filed a Motion to Withdraw.

II. Grounds In order to file a pro se brief in this case, it is necessary to review the record. Counsel has explained the rights the ability to pursue his own appeal. Appellant desires to submit his own appeal. However, having been appointed appellate counsel, the trial court has found Brandon Medford indigent. The Court of Criminal Appeals has stated that appellate counsel has a duty is an Anders brief is filed, to file a motion to withdraw as well as a motion to allow the appellant access to the record in the case. Kelly v. State, 436 S.W.3d 313, 319·20.(Tex. Crim. App. 2014).

Page 1 of 2 •• y

III. Prayer for Relief Appellant requests that he be provided a copy of the appellate record in this case, or that this Court remand the matter to the trial court to allow Mr. Medford a copy of the record, and for other such relief as the Court may deem appropriate.

Respectfully submitted,

/ Brandon Medford c/o Smith County Jail 206 E. Elm Street Tyler, Texas 75702 105 W. Hollis Troup, Texas 75789

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Motion has been delivered to Michael West, Counsel for the State, at the addresses listed below on this the :lit day of VOt ~ Y'l bt~ , 2014 by hand delivery or regular mail or the State of Texas electronic filing system.

~Brandon "~ JMedford d17 fr1eJ.fa'"./

Michael West Smith County District Attorney's Office 100 North Broadway, 4th Floor Tyler, Texas 75702

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