No. 01-15-00611-CR
IN THE
COURT OF APPEALS
FOR THE
FIRST JUDICIAL DISTRICT OF TEXAS

AT HOUSTON

______________________________ CAITLIN COLLEEN HALE

Appellant
VS.
THE STATE OF TEXAS

Appellee

_____________________________ MOTION TO WITHDRAW AS COUNSEL OF RECORD ON APPEAL

_________________________________________ TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, KYLE B. JOHNSON, counsel for Appellant herein, and files this his Motion to Withdraw as Counsel of Record on Appeal. In support thereof, he would respectfully show the Court as follows:
I. On September 9, 2013, the appellant appeared in court and plead “guilty” to the offense of Aggravated Assault (involving a Family Member). Pursuant to a plea agreement, the appellant was placed on a 3 year deferred adjudication probation and assessed a fine of $500. (CR - 015-032). On March 24, 2015, a Motion to Adjudicate ACCEPTED 01-15-00611-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/20/2015 12:46:48 PM CHRISTOPHER PRINE

CLERKGuilt (MAG) was filed alleging two law violations as well as various technical violations.

On June 15, 2015, the appellant appeared in Court and was arraigned on the Motion to Adjudicate Guilt. It appears that a deal had been struck with the State in which, in exchange for a plea of “true” to the MAG allegations, the State would recommend 2 years in the Institutional Division of the Texas Department of Criminal Justice. However, the trial court was uncomfortable with the appellant’s responses during the plea and the trial court stopped the proceeding and set the MAG for a hearing. A hearing on the State’s Motion to Adjudicate Guilt was held over a two day period and, on June 25, 2015, a number of the allegations were found “true” and the appellant was sentenced to 7 years in the Institutional Division of the Texas Department of Criminal Justice.
II. In compliance with the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W. 2d 807 (Tex.Crim.App. 1978) and Kelly v. State , 436 S.W. 3d 313 (Tex.Crim.App. 2014), court-appointed counsel on this appeal states that he has diligently reviewed the entire appellate record in this case as well as the applicable case law. In his opinion, the record presents no plausible grounds for appeal. The undersigned attorney has 1) written a letter to the appellant notifying him of counsel’s opinion, 2) provided the appellant with a copy of this Anders Brief along with a copy of counsel’s Motion to Withdraw, 3) informed the appellant of his right to file a pro

se response and of his right to review the record preparatory to filing that response, 4)

2informed the appellant that, should he choose to invoke his right to file a pro se response,

he should sign and date a Motion to Review the Appellate Record (a form for which was included) and return it to the Court of Appeals within ten days of the date of the accompanying letter, 5) provided the appellant with the mailing address for the Court of Appeals, and 6) advised him of his right to file a Petition for Discretionary Review with the Court of Criminal Appeals should he fail to get relief in the Court of Appeals. For the reasons set forth above, the appellant’s counsel requests that he be permitted to withdraw as counsel on appeal for the appellant. Respectfully submitted,

/s/ Kyle B. Johnson Kyle B. Johnson SBN: 10763570 917 Franklin, Suite 320 Houston, Texas 77002 Tel: (713) 223-4100 Fax: (713) 224-2889

3CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record on this 20th day of November, 2015, to wit: Alan Curry Appellate Division Harris County District Attorney’s Office 1201 Franklin Houston, Texas 77002 Ms. Caitlin Colleen Hale SPN # 02691717 Harris County Jail 1200 Baker St., CB 4F1 Houston, TX 77002 /s/ Kyle B. Johnson Kyle B. Johnson

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