Alicia Nichole Perez v. State ( 2015 )


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  •                                                                                               ACCEPTED
    03-15-00232-CR
    C                                    C                                         7851796
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    11/16/2015 4:37:26 PM
    JEFFREY D. KYLE
    CLERK
    03-15-00232-CR
    ALICIA NICOLE PEREZ,                    §          IN THE          FILED IN
    Appellant                           §                   3rd COURT OF APPEALS
    AUSTIN, TEXAS
    VS.                                     §          THIRI~ COURT
    11/16/2015 4:37:26 PM
    §                       JEFFREY D. KYLE
    STATE OF TEXAS,                         §          OF APPEALS        Clerk
    Appellee
    MOTION TO WITHDRAW AS COUNSEL
    TO THE HONORABLE JUSTICES OF SAID COURT:
    Now comes Susan Schoon, Movant and attorney of record for Appellant,
    Alicia Perez and brings this Motion to Withdraw as Counsel and in support thereof
    shows:
    1.    Movant was appointed by the Court to represent Alicia Perez in the
    appeal of this cause
    2.    Appellant, Alicia Perez, was convicted of possession of a controlled
    substance and sentenced to a probated sentence of four years.
    3.    Movant is unable to raise any arguable issues for appeal, and has filed
    an Anders brief in this cause.
    4.     There are currently no pending deadlines.
    5.    A copy of this motion, as well as a letter informing Appellant of 1)
    her right to file apro se response; 2) her right to access the appellate
    record; and 3) her right to file a petition for discretionary review
    should the appeal be deemed frivolous have been mailed by certified
    mail to Appellant. A Motion for Pro Se Access to the Appellate
    Record was also sent to appellant at her last known address:
    3438 Country View
    Cibolo, TX 78108
    C                                  C
    A copy of the letter is attached to this motion.
    PRAYER
    WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court
    allow Susan Schoon to withdraw as counsel for Alicia Perez and from any further
    representation of Alicia Perez in this cause.
    Respectfully submitted,
    Schoon Law Firm, P.C.
    200 N. Seguin Avenue
    New Braunfels, Texas 78130
    Tel: (830) 627-0044
    Fax: (830) 620-5657
    susan~schoon1a~gfj~m.com
    By:__________________________
    Susan Schoon
    State Bar No. 24046803
    Attorney for Appellant
    CERTIFICATE OF SERVICE
    This is to certif~y that on November 12. 2015, a true and correct copy of the
    above and foregoing document was served on the District Attorney’s Office, Comal
    County, Texas by email to ~
    Susan Schoon
    C                                  C
    ~çcHooN LAW ]FIIRM, IRC.
    November 12, 2015
    Ms. Alicia Perez
    3438 Country View
    Cibolo, Texas 78108
    Dear Ms. Perez:
    Enclosed please find my motion to withdraw from representing you on
    appeal, along with the brief I filed with the 3~ Court of Appeals in Austin. I regret
    that I could not identify any grounds for reversal in your case. My brief explains
    this to the Court of Appeals, and if they agree, Twill be allowed to withdraw from
    the case.
    Most importantly, this letter is to notify you of the following important
    rights:
    1.   You have the right to file apro se (this means you represent yoursel~
    response to the brief and file it with the Third Court of Appeals. If
    you choose to do so, your response will be due within 30 days.
    2.       You have the right to review the record in order to prepare your
    response. Tf you wish to do so, you must file a motion forpro se
    access to the appellate record with the Third Court of Appeals. For
    your convenience, I have enclosed such a motion. You must sign and
    date the motion, and forward it to the Third Court of Appeals within
    ten (10) days from the date of this letter.
    200 N. Seguin Avenue
    New Braunfels, Texas 78130
    Phone: (830) 627-0044
    Fax: (830) 620-5657
    C                               C
    THIRD COURT OF APPEALS
    P.O. Box 12547
    Austin, Texas 78711
    3.    You have the right to file a Petition for Discretionary Review (PDR)
    with the Court of Criminal Appeals should the Third Court of Appeals
    declare your appeal frivolous.
    TEXAS COURT OF CRIMiNAL APPEALS
    P.O. Box 12308
    Austin, Texas 78711
    I wish you the best of luck.
    Respectfully,
    Susan Schoon,
    Attorney
    C’                                  C
    03-15-00232-CR
    ALICIA NICOLE PEREZ,                          §      IN THE
    Appellant                                 §
    VS.                                           §      TifiRD COURT
    §
    STATE OF TEXAS,                               §      OF APPEALS
    Appellee
    MOTION FOR PRO SE ACCESS TO THE APPELLATE RECORD
    TO THE HONORABLE JUSTICES OF SAID COURT:
    Now comes Alicia Perez, Appellant in the above-styled and numbered
    cause, and moves this Honorable Court to allow herpro se access to the appellate
    record, and for good cause shows the following:
    I.
    Appellant is indigent, and Susan Schoon was appointed by the trial court to
    represent Appellant for purposes of her appeal.
    II.
    Susan Schoon has provided Appellant with a copy of the Anders brief filed
    in this cause, indicating that she is unable to identi~’ any meritorious points of
    error to raise. In order to determine whether to file a response, Appellant requests
    access to the appellate record in this cause.
    C                                      C
    PRAYER
    WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court
    allow her pro se access to the appellate record in this cause.
    Respectfhlly Submitted:
    Alicia Perez, Appellant
    Date
    ACCEPTED
    03-15-00232-CR
    7851796
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    11/16/2015 4:37:26 PM
    JEFFREY D. KYLE
    CLERK
    NO. 03-15-00232-CR
    ALICIA NICHOLE PEREZ                       §        IN THE COURT OF APPEALS
    §
    v.                                         §         THIRD JUDICIAL DISTRICT
    §
    THE STATE OF TEXAS                         §        SITTING AT AUSTIN, TEXAS
    CERTIFICATE OF COUNSEL
    In compliance with the requirements of Antlers v. Caflf’ornia, 
    386 U.S. 378
    (1967), I, Susan Schoon, court-appointed counsel for appellant, Alicia Nichole
    Perez, in the above-referenced appeal, do hereby verify, in writing, to the Court that
    I have:
    1.    notified appellant that I filed a motion to withdraw as counsel with an
    accompanying Antlers brief, and provided a copy of each to appellant;
    2.    informed appellant of her right to file a pro se response identifying what she
    believes to be meritorious grounds to be raised in her appeal, should she so
    desire;
    3.    advised appellant of her right to review the appellate record, should she wish
    to do so, preparatory to filing that response;
    4.     explained the process for obtaining the appellate record, provided a Motion
    for Pro Se Access to the Appellate Record lacking only appellant’s signature
    and the date, and provided the mailing address for this Court; and
    5.    informed appellant of her right to seek discretionary review pro se should this
    Court declare her appeal frivolous.
    Respectfully submitted,
    Attorney
    

Document Info

Docket Number: 03-15-00232-CR

Filed Date: 11/16/2015

Precedential Status: Precedential

Modified Date: 9/30/2016