June 16, 2016 

## FILEDIN 

## COURTOFCRIMINALAPPEALS ,Mr Abel Acosta



### Clerk, Court ofCriminal Appeals HIM PO9niR 

## pobox12308 Juntumb Capitol Station 

## Austin, tx 78711 AbelAcosta, 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 79105COURT 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 AnAppointment ofCounsel pursuant to Rule 2 &10.1, Texas Rules ofAppellant 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 anopportunity to examinethe issues ovephg^j©P*nus__.A,c 

# CRIMINALfcPPE*1* rv 

### promoting efficiency in the legal system& wouldber^UBe* wtbrest of iustice. 

# JUM20a» 

# ^elAcosta,ClerkIII. 

### Appellant, having iust received the granting ofhis 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 acompetent att 

## orney skilled in constitutional law, would bebest atbriefing themerit's concisely & as briefly as possible, so as to allow the Court proper argument 

### and casecitings saving the Court time indetermining the constitutional claims.

IV. 

### Recognizing that a rehearing canbe used to bring issues whichwere not 

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

## fore, appointedassistance wouldbemadeanindigentunless the waiver of same was given. Appellantwas 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 ifit did not comprehend the right to be heardby counsel." PowellwAlabama, 287 US 45 (1932). V, 

### WHEREFORE CONSIDERED, Appellant prays the Courtgrant this motion appointing an attorney for this proceeding for goodcause &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, whomay be similarly situated.Respectfully submitted.

David Schlittler TDCJ # 1498090 Lynaugh Unit 1098 S Hwv 2037 Ft Stockton, TX 79735 Appellant, Prose

CERTIFICATE OF SERVICE Tcertify that a true and correct copy of the Motion for AnAppointment 

### of Counsel has been served upon the parties below, byplacing same in a postage 

### prepaid envelope, and dspositing same in the LynaughUnit's mail systemon 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 ProsecutionUinit P 0 Box 1744 Amarildo, TX 79105

David Schlittler