June 16, 2016

FILED IN

COURT OF CRIMINAL APPEALS

,Mr Abel Acosta

Clerk, Court of Criminal Appeals HIM PO 9niR

po box 12308 Juntumb

Capitol Station

Austin, tx 78711 Abel Acosta, Clerk

RE: Schlittler v State

CCA No. PD-1505-14

Trial Court Case No. 30390

Dear Mr Acosta;

Please find enclosed, my Motion for Appointment of Counsel. Would vou

please file these in the matter and promptly bring them to the Honorable Courts

attention for consideration of same.

Thank you, in advance, for vour help!

Respectfully,

David Schlittler # 1498090

Lynaugh Unit

1098 S Hwy 2037

Ft Stockton, TX 79735

cc: Ms Lisa C^Mcmnn

State Eifosecuting Attorney

P 0 Bfrc 13406

Austin, TX 78711

Ms Melinc&'Fletcher

Special Prosecution Unit

P,,0Jbx 1744

frillo, TX 79105
COURT OF CRIMINAL APPEALS NO. PD1505-14

APPEAL CAUSE NO. 12-13-00269-CR

DAVID C SCHLITTLER § IN THE COURT OF

Appellant §

§

V. § CRIMINAL APPEALS OF TEXAS

§

THE STATE OF TEXAS §

Appellee § AT AUSTIN, TEXAS

MOTION FOR APPOINTMENT OF COUNSEL

TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, David C Schlittler, Appellant Prose in the above Cause Numbers,

with this Motion for An Appointment of Counsel pursuant to Rule 2 & 10.1, Texas

Rules of Appellant Procedure & respectfully shows unto the Court:

Appellant filed a Prose Motion for an Out of Time Motion for Rehearing

requesting the Honorable Court consider the fundamental rights violated in

the prosecution of the matter, but which were not presented for review.

The Court granted the motion & withdrew its May 23, 2016 Mandate on June

6, 2016, allowing AoDellant until July 12, 2016 to file the brief.

II.

This Court has Dreviouslv held that a Motion for Rehearin? mav he consi

dered to decide an issue not presented in an original brief! See Hushes v

State. 878 SW2d 142. 151 (TCA1992).

The review of these fundamental rights is DroDer and as such, it gives

the Appellate Courts an opportunity to examine the issues ovephg^j©P *nus__.A, c

CRIMINAL fcPPE*1* rv

promoting efficiency in the legal system & would ber^UBe* wtbrest of iustice.

JUM 20 a»

^elAcosta,Clerk
III.

Appellant, having iust received the granting of his motion, instantly

brings this motion due to the great respect for the Courts precious time &

understands that brief writing is a 'learned' science. Therefore, as a layman,

unskilled & uneducated in law, offers that the assistance of a competent att

orney skilled in constitutional law, would be best at briefing the merit's

concisely & as briefly as possible, so as to allow the Court proper argument

and case citings saving the Court time in determining the constitutional claims.

IV.

Recognizing that a rehearing can be used to bring issues which were not

brought in an original appellant brief, is a reference to the appeal. There

fore, appointed assistance would be made an indigent unless the waiver of same

was given. Appellant was appointed counsel for the appeal and does not silently

waive the close assistance of counsel for briefing this matter.

Appellant recognizes "tferight to be heard would be, in many cases, of

little avail if it did not comprehend the right to be heard by counsel."

PowellwAlabama, 287 US 45 (1932).

V,

WHEREFORE CONSIDERED, Appellant prays the Court grant this motion

appointing an attorney for this proceeding for good cause & to expidite a de

cision on the constitutional deprivations as applied to Appellant which were

not Dresented or considered in the original brief & that has importance in

not only Appellant's case, but others, who may be similarly situated.
Respectfully submitted.

David Schlittler

TDCJ # 1498090

Lynaugh Unit

1098 S Hwv 2037

Ft Stockton, TX 79735

Appellant, Prose

CERTIFICATE OF SERVICE

T certify that a true and correct copy of the Motion for An Appointment

of Counsel has been served upon the parties below, by placing same in a postage

prepaid envelope, and dspositing same in the Lynaugh Unit's mail system on

this, the 16th day of June, 2016.

Ms Lisa C McMirm

State Prosecuting Attorney

P 0 Box 13046

Austin, TX 78711

Ms Melinda Fletcher

Special Prosecution Uinit

P 0 Box 1744

Amarildo, TX 79105

David Schlittler