                                                                                                 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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