Brian Lynn Puckett v. State

• Court: Court of Appeals of Texas
• Decided: September 1, 2015
• Docket: 06-15-00109-CR
• Status: Published

Opinion

No. 06-15-00109-CR IN The Sixth Court of Appeals FILED IN Texarkana, Texas 6th COURT OF APPEALS TEXARKANA, TEXAS 9/1/2015 4:04:03 PM DEBBIE AUTREY BRIAN LYNN PUCKETT, Clerk

Appellant, V. THE STATE OF TEXAS, Appellee.

MOTION TO WITHDRAW PURSUANT TO ANDERS v. CALIFORNIA, 386 U.S. 738 (1967)

TO THE HONORABLE SIXTH COURT OF APPEALS:

NOW COMES JEFF T. JACKSON, counsel for Appellant

Brian Lynn Puckett, and hereby moves to withdraw from

representation of Appellant pursuant to Anders v.

California, 386 U.S. 738 (1967). In support of this

motion, counsel shows as follows:

I.

Counsel has thoroughly reviewed the record on appeal,

and, for these reasons, is thoroughly familiar with the

case.

1 II.

Counsel has, in the exercise of his professional

judgment, determined that the instant case presents no

non-frivolous issues for appeal, and, in accordance with

the Supreme Court’s decision in Anders v. California, 386

U.S. 738 (1967), now so advises the court and requests

permission to withdraw. Anders, id. at 744.

III.

In accordance with Anders, counsel has,

contemporaneously with this motion, filed a brief

outlining all issues which might arguably support an

appeal and explaining why those issues are meritless.

Anders, Id.

IV.

Counsel has furnished the appellant with a copy of

said brief, a copy of this motion, and a letter apprising

Appellant of counsel’s actions and Appellant’s rights

regarding these matters.

2 V.

Having determined that the instant appeal is wholly

frivolous, and having complied with the briefing and

notice requirements of Anders v. California, counsel now

requests that he be allowed to withdraw, pursuant to

Anders.

WHEREFORE, PREMISES CONSIDERED, it is prayed that

the Court grant counsel’s request and allow counsel to

withdraw from this case, pursuant to Anders v.

California, 386 U.S. 738 (1967).

Respectfully submitted, /s/ Jeff T. Jackson Jeff T. Jackson SBOT No. 24069976 736-A Hwy 259 N. Kilgore, TX 75662 Phone: 903-654-3362 Fax: 817-887-4333 Attorney for Appellant, Brian Lynn Puckett

3 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on

September 2nd, 2015, a copy of this motion was mailed via

first class U.S. mail, postage prepaid, to the following:

Van Colson Brown BRIAN LYNN PUCKETT Gregg County District Attorney TDCJ No. 02001172 SBOT No. 03205900 Bradshaw State Jail 101 E. Methvin, Ste. 333 P.O. Box 9000 Longview, TX 75601 Henderson, TX 75653

/s/ Jeff T. Jackson Jeff T. Jackson