Elijah Brown v. State ( 2015 )


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  •                                                                                          ACCEPTED
    12-14-00367-CR
    TWELFTH COURT OF APPEALS
    TYLER, TEXAS
    3/2/2015 2:34:12 PM
    CATHY LUSK
    CLERK
    IN THE COURT OF APPEALS
    THE TWELFTH DISTRICT OF TEXAS                   FILED IN
    12th COURT OF APPEALS
    TYLER, TEXAS
    TYLER, TEXAS                  3/2/2015 2:34:12 PM
    CATHY S. LUSK
    Clerk
    ELIJAH BROWN                           CASE NO. 12-14-00366-CR
    12-14-00367-CR
    V.                                          TRIAL COURT NO
    10161-A
    THE STATE OF TEXAS                                  10078-A
    APPEALED FROM THE 411TH DISTRICT COURT
    OF TRINITY COUNTY, TEXAS
    THE HONORABLE KAYCEE JONES, JUDGE PRESIDING
    MOTION TO WITHDRAW
    TO THE HONORABLE COURT OF APPEALS;
    COMES NOW, John D. Reeves, court appointed attorney on appeal for
    ELIJA BROWN Appellant, and pursuant to. Anders v. California, 
    386 U.S. 738
    ,
    
    87 S. Ct. 1396
    , 
    18 L. Ed. 2d 493
    (1967) and Gainous v. State, 
    436 S.W.2d 137
    (Tex.
    Crim. App. 1969). and Stafford v. State 
    813 S.W.2d 503
    (Tex. Crim. App. 1999),
    files this Motion to Withdraw, and for good cause shows this Honorable Court the
    following:
    I . FACTS
    1. Appellant Elijah Brown was placed on a five years deferred adjudication
    probation for burglary of a habitation in cause no 10161- A and five 5 years
    deferred adjudication for burglary of a habitation in 10078-A on April 15, 2014.
    2. The Trinity County District Attorney’s office filed a Motion to Adjudicate in
    each case on August 12, 2014 alleging eight violations of probation allegedly
    committed by the appellant.
    3. Appellant Elijah Brown entered a plea of not true to the allegations contained in
    the State’s Motion to Adjudicate on September 30th, 2014.
    4.      The trial court conducted a hearing on both cases and adjudicated the
    appellant guilty and sentenced Elijah Brown to 12 years in the TDCJ-ID in both
    cases to run concurrent on October 30th, 2014.
    5.    On September 30th, 2014 an Order appointing John D. Reeves as appellate
    counsel was entered by the trial court.
    6.   Mailed on October 30th, 2014 but not filed by the Trinity Court Clerk until
    November 4th, 2014 appeal counsel filed a Notice of Appeal.
    7.    On October 14th, 2014 a request for the Clerk and Reporters records was
    requested.
    8. The Clerks Record was received by this Court on December 30, 2014.
    9.On March 2, 2014 counsel for Appeal counsel filed an Anders brief on behalf of
    Appellant with this Honorable Court, and forwarded a copy of the brief to
    appellant explaining his rights regarding pro se brief.
    II. ARGUMENT
    9.    In accordance with the requirements of Anders v. California, 
    386 U.S. 738
    , 
    87 S. Ct. 1396
    , 
    18 L. Ed. 2d 493
    (1967) and Gainous v. State, 
    436 S.W.2d 137
    (Tex.
    Crim. App. 1969). and Stafford v. State 
    813 S.W.2d 503
    (Tex. Crim. App. 1999),
    counsel for Elijah Brown requests this Honorable Court to allow him to withdraw.
    10.    Appellant’s address is:
    Elijah Brown
    Travis State Jail
    TDC # 01955555
    8109 FM 969
    Austin, Texas 78724
    11. Counsel for Appellant has forwarded a copy of the Anders brief to Appellant.
    12.    Good cause exists to relieve counsel, John D. Reeves, counsel for Appellant
    from his representation of appellant Elijah Brown.        Specifically, counsel for
    Appellant can find no arguable grounds to support an appeal and finds after a
    thorough review of the record that any issue brought forth would be without merit
    and frivolous.
    III.   PRAYER
    WHEREFORE, PREMISES CONSIDERED, counsel for Appellant prays that this
    Honorable Court grant his Motion to Withdraw without harm to the rights
    guaranteed Elijah Brown by the United States Constitution and the Constitution of
    the State of Texas.
    Respectfully Submitted,
    /s/John D. Reeves
    John D. Reeves
    SBN # 16723000
    1007 Grant Avenue
    Lufkin, Texas 75901
    Ph: (936) 632-1609
    Fax: (936) 632-1640
    Email: tessabellus@yahoo.com
    CERTIFICATE OF SERVICE
    I hereby certify that on the foregoing instrument was served on this the 2nd day of
    March 2015 to the following counsel and parties of record.
    Mr. Benny L. Schiro                                /s/John D. Reeves
    Trinity County District Attorney                   _______________________
    P.O. Box 400                                       John D. Reeves
    Groveton, Texas 75845
    Via electronic service
    bennie.schiro@co.trinity.tx.us
    Elijah Brown                              VIA CERTIFIED MAIL
    Travis State Jail                         RETURN RECEIPT REQUESTED
    TDC # 0195555                             7014 0150 0001 1143 6985
    8101 FM 969
    Austin, Texas 78724
    

Document Info

Docket Number: 12-14-00367-CR

Filed Date: 3/2/2015

Precedential Status: Precedential

Modified Date: 9/28/2016