Jolly Dee Neely v. State

Opinion

ACCEPTED

12-14-00309-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

5/6/2015 5:28:03 PM

CATHY LUSK

CLERK

12-14-00309-CR

J OLLY NEELY § IN THE COURT OF APPEALS §

vs. § FILED IN 12th JUDICIAL DISTRICT

12th COURT OF APPEALS

§ TYLER, TEXAS STATE OF TEXAS § TYLER, TEXAS 5/6/2015 5:28:03 PM

CATHY S. LUSK

APPELLANT'S MOTION TO OBTAIN RECORD 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 Jolly Neely was appointed counsel for purposes of this appeal. Appellate counsel has reviewed the r ecord and filed a Brief in compliance with A nde1·s v. CalifOrnia, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel has a lso 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 t he rights t he ability to pursue his own appeal. Appellant desires to submit his own a ppeal. However, having been appointed appe llate counsel, the trial court has found Jolly Neely~s 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 appella nt access to t he record in the case. Kellv v. State, 436 S.W.3cl 313, 319-20 (Tex. Crim. App. 2014).

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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. Neely a copy of the record, and for other such relief as the Court may deem appropriate.

Respectfully submitted,

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 --- day of _ _ _ _ _ _ _ _ _, 2015 by hand delivery or regular mail or the State of Texas electronic filing system.

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

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