12-14-00309-CR

JOLLY NEELY § IN THE COURT OF APPEALS § vs. § 12th JUDICIAL DISTRICT § STATE OF TEXAS § TYLER, TEXAS

MOTION TO RECOPNSIDER TO THE HONORABLE JUDGE 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 Counsel was appointed to serve as appellate counsel in these matters on October 27, 2014. Counsel filed an Anders brief on April 10, 2105. Anders v. California, 386 U.S. 738 (1967). On May 13, 2015, the Court granted Appellant’s Motion for access to the appellate record. On June 5, 2015, this Court received a letter from the trial court regarding access to the record. Appellant’s pro se Brief is due on July 1, 2015.

II. Grounds for Reconsideration On June 22, 2015, Counsel received a letter from Appellant regarding access to the record. As this Court knows, even though Counsel filed a Brief, he still is counsel of record for Mr. Neely and has continuing obligations to represent him. Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). On June 5, 2015, a letter was filed by the trial court judge in this case with the Clerk for the Twelfth Court of Appeals. The letter appears to be mailed, not filed electronically, and was not made part of a supplemental record prepared by the Smith County Clerk’s Office. See Brandon Simmons v. State, No. 12-14-00159-CR, Supplemental Clerk’s Record filed on October 28, 2014. Page 1 of 3 ACCEPTED 12-14-00309-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 6/26/2015 4:00:43 PM CATHY LUSK CLERKOn or after June 23, 2015, counsel contacted the Clerk’ s Office for the Tw elfth

Court of App eal s to obta in a copy of the letter filed by the trial cour t on June 5, 201 5. The depu ty clerk was unsur e as to whether she could provide a copy or not and advised she would contact couns el after she chec ked, pres umabl y with a justice. The clerk call ed back that same afternoon and stated that because the trial cour t judge had not included couns e l on the letter, that the Clerk;’s Office would not be abl e to release a copy of the letter to counsel, a nd that he could obta in the sa me from the trial court. The problem with that thinking is that there is a docu ment, filed in this Court,
upon which the justices of this Court relied in setting a briefing date, to which couns el has been denied a cces s.

I I I

. P ra y e r fo r Re l i e f C o unsel requests that this Court recon sider the decision made June 23, 201 5 denying access to a docu ment relied on by this Court and that he receive a copy of the letter filed by the trial cour t on June 5, 201 5 with the Clerk’s Office fo r t h e T w elfth Court of Ap peals, a nd for other such relief a s the Court may deem a ppr opriate.

Resp ectfully subm itted,

Law Office of Jam es W. Huggl er, Jr. 100 E. Ferguson, Sui te 80 5 Tyl er, Texa s 757 02 Tel: (903 ) 593 -240 0 Fax : (90 3) 59 3-38 30

By: /S/ J ames W. Hugg ler, J r. Jam es Huggler State Ba r No. 0 079 543 7 Attorney for Ap pella nt
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### C E R T I F I C A T E O F S E R V I C E

This is to certify that a copy of the foregoing Motion has been delivered to Michael West, Counsel for the State, and the Appellant, Jolly Neely, at the addre s s e s l i s t ed below on this the 26 t h 

### day of June, 2015 by hand delivery or regular mail or the State of Texas electronic filing system.

/S/ James W. Huggler, Jr. James Huggler

Michael West Jolly Neely Smith County District Attorney’s Office TDCJ #01967101 100 North Broadway, 4 t h 

### Floor c/o Smith County Jail Tyler, Texas 75702 206 East Elm Street Tyler, Texas 75702

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