Hung Le v. State, 01-14-01019-CR

Hung Le v. State

01-14-01019-CR

| Tex. App. | Jul 31, 2015

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Case Information

Return to: First Court of Appeals 301 Fannin Street Houston, Texas 77002

Case Number $01 - 14 - 01019 - C R$

Hung Le The State of Texas $§$ $§$ $§$

COURT OF APPEALS 1ST DISTRICT 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,

$\frac{H u N G - L E}{P r o s e A p p e l l a n t}$

$\frac{M ∣ E H A E L}{T E N N E S E E, aclony}$ "Texas $\frac{75886}{}$

Certificate of Service

This is to certify that on $7 / 29 / 15$ (Date), 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 $H u N G - L E$ 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(frivolous appeal) brief with the Court of Appeals. I have enclosed a copy of that brief. You have the right to file your own appeal brief if you 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 $1^{st}$ Court of Appeals to obtain a copy of the record.

Sincerely,

*3 SHERRY RADACK CHIEF JUSTICE TERRY JENNINGS EVELYN KEYES LAURA CARTER HIGLEY JANE BLAND MICHAEL MASSENGALE HAWVEY BROWN REBECA HUDDLE RUSSELL LLOYD JUSTICES

CHRISTOPHER A. PRINE Clerk OF THE COURT JANET WILLIAMS CHIEF STAFF ATTORNEY PHONE: 713-274-2700 FAX: 713-755-8131 www.fxcourts.gov/1stcos.aspx

July 8, 2015

Hung Le 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: Hung Le v. The State of Texas

Your court-appointed lawyer has filed a brief stating 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. Your lawyer waived oral argument and also has or will file a motion to withdraw from any further responsibilities or representation you. The motion filed by your lawyer is also known as an "Anders Brief." See Anders v. California, 386 U.S. 738,87 S. Ct. 1396 (1967).
This letter serves as notice that you may file a Response to your lawyer's Anders Brief on or before August 7, 2015, or may file a motion to extend the time you have to file a Response with the court. If you choose to ask for more time to file a Response, then you must file your motion for an extension of time to file a Response on or before August 7, 2015.
You are entitled to a copy of the record on appeal in your case. If you would like a copy of the record, you must complete the attached motion form and return it to the First Court of 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).
If you have to find an abority
and explain all the facts. Requiredfully.
and explain all the facts. Requiredfully. *

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. 07-05-0254CR, 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 has passed.

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)