Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/3/2015 1:56:43 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00026-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 3/3/2015 1:56:43 PM IN THE COURT OF APPEALS CHRISTOPHER PRINE CLERK FOR THE FIRST DISTRICT OF TEXAS NO. Ol-15-00026-CR

TRICIA GILFORD

Appellant VS.

THE STATE OF TEXAS

Appellee COUNSEL'S MOTION TO WITHDRAW TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES THOMAS J. BURBANK, Attorney at Law, who is the attorney of record for the Appellant, TRICIA GILFORD,

and respectfully requests that he be allowed to withdraw

from that representation, and would show as follows, to-

wit:

I . Counsel was appointed to represent Appellant, TRICIA GILFORD. Counsel did not represent Appellant at the

proceeding for which this appeal pertains.

II. Appellant, TRICIA GILFORD, timely filed a Notice of Appeal. Appellant has subsequently filed wi th this Court

an Appellate Brief, pursuant to Anders v California, 386

u.s. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 493 (1967). As

counsel believes there are no meritorious lssues for

appeal, there is no need for continued representation by

counsel.

III. Attached hereto as Exhibit A is a copy of a letter sent by Certified Mail, Return Receipt Requested, to Appellant simultaneously with the filing

by Counsel of the

Appellant's Brief. The letter informs Appellant of his

right to request the record, to file a pro se Brief, and to

seek an extension of time to do so.

Respectfully submitted, By: (},l ~ r. 13uvbcuttlv 2 Acadiana Court Beaumont, TX 77706 409/895-0200

FAX 409/895-0080 State Bar No. 03355340 burbank_hamm@yahoo.com ATTORNEY FOR DEFENDANT/APPELLANT TRICIA GILFORD

CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Counsel's Motion to Withdraw has been

served to the following parties on ~his the 3 rd day of

March, 2015.

(~(~ r. 13u¥bc:uttJv Christopher A. Prine

Court of Appeals, First District

301 Fannin Street

Houston, Texas 77002-2066

Mr. Waylyn Thompson

Assistant District Attorney

1001 Pearl Street

Beaumont, TX 77701

Tricia Gilford

#1973661

Lucille Plane State Jail

904 FM 686

Dayton, Texas 77353

EXHIBIT "A"

BURBANK LAw FIRM Burbank, P.C.

[2] Acadiana Court, Beaumont, Texas 77706

(409)895-0200 Fax (409)895-0080

burbank_hamm@yahoo.com

March 3, 2015 Re: Court of Appeals No. Ol-15-00026-CR

Trial Court No. 13-15953; State vs. Tricia Gilford VIA CERTIFIED MAIL RRR

Tricia Gilford

#1973661

Lucille Plane State Jail

904 FM 686

Dayton, Texas 77353

Dear Ms. Gilford:

Enclosed you will find the Appellant's Brief which has been filed on your behalf this date. You will note that the Brief

indicates to the Court of Appeals that there are no issues that would

require the Court to reverse your conviction or sentence. I

carefully read, reviewed and researched the case.

I filed the appeal because I have an obligation to do so when a defendant requests that his case be appealed. However, I also have

an obligation to the Court not to make frivolous arguments . United

States v Burleson, No. 93-2619 (5th Cir. 1994); United States v Cruz,

No. 92-2631 (5th Cir. 1994).

You have a copy of the clerk's record and reporter's record in your case that I have previously sent to you. If you disagree with

my opinion and the Appellant's Brief, you may file a Pro Se Brief on

your own. You may also request an extension of time to file such

Brief. To make such a request, you should contact the Clerk of the

Court of Appeals for the First District by writing to Mr. Christopher

A. Prine, Deputy Clerk, Court of Appeals, First District, 301 Fannin

street, Houston, Texas 77002-2066.

Ms. Tricia Gilford February 23, 2015

Page 2 Please be advised that the Clerk does not provide you with a copy of the court's record but will assist you in getting access to

the record. Further, I am enclosing our Counsel's Motion to Withdraw

which I have filed with the Court of Appeals in this matter. You

also have the right to file a pro se response to the Motion to

Withdraw.

Finally, once this Court has rendered an opinion in your case, they should notify you and me of their decision. It is important to

remember that if you do not agree with their ruling, you have a right

to file a pro se petition for discretionary review pursuant to Rule

68 of the Texas Rules of Appellate Procedure. You have thirty (30)

days to file the discretionary review petition, so time is of the

essence.

If there are any questions, please feel free to write. I will assist you if I can.

Respectfully,

----_-.-_ ... -

TJB/cjc

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