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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/20/2015 12:46:48 PM CHRISTOPHER A. PRINE Clerk
Guilt (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) 

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informed 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

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CERTIFICATE 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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