Benny Cavazos Valverde v. State

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 04-14-00338-CR
• Status: Published

Opinion

ACCEPTED 04-14-00338-CR Law Office of David A. Schulman Post Office Box 783 FOURTH COURT OF APPEALS Austin, Texas 78767 SAN ANTONIO, TEXAS Tel. 512-474-4747 Fax: 512-532-6282 No. 04-14-00338-CR 1/20/2015 2:34:08 PM KEITH HOTTLE CLERK IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS, AT SAN ANTONIO Benny Cavazos Valverde, Appellant FILED IN 4th COURT OF APPEALS v. SAN ANTONIO, TEXAS 1/20/2015 2:34:08 PM The State of Texas, Appellee KEITHClerk E. HOTTLE

On Appeal in Case No. 2012CR3980, from the 290th District Court of Bexar County, the Hon. Melissa Skinner, Judge Presiding

Motion to Withdraw “Anders”Brief and For Extension of Time in Which to File Substantive Brief on the Merits.

TO THE HONORABLE FOURTH COURT OF APPEALS:

COMES NOW, Benny Cavazos Valverde, Appellant in the

above styled and numbered cause (“Appellant”), by and through

his retained counsel, David A. Schulman, and respectfully moves

the Court to permit him to withdraw the brief and motion to

withdraw submitted by his court appointed counsel, Dean A.

Diachin, pursuant to Anders v. California, 386 U.S. 738 (1967),

High v. State, 573 S.W.2d 807 (Tex.Cr.App. 1978), and In re

Schulman, 252 S.W.3d 403 (Tex.Cr.App. 2008), and allow him to

submit a substantive brief on the merits. In support of such

motion, Appellant would respectfully show the Court as follows: I

Appellant’s court-appointed counsel filed what is commonly

referred to as an “Anders” brief on November 10, 2014. By its

Order dated November 17, 2014, the Court subsequently informed

Appellant that his pro se brief is due on or before January 20,

2015. The undersigned would show the Court that he has been

retained in order to protect Appellant’s rights.

The undersigned respectfully requests that the Court permit

Appellant to withdraw the Anders brief heretofore filed by court-

appointed counsel and reset the briefing schedule. In that regard,

the undersigned would show the Court that he has yet to acquire

the Clerk’s Record and Reporter’s Record, but will endeavor to

obtain those promptly.

Nevertheless, the undersigned is informed that the record is

voluminous. Accordingly, he requests a sixty (60) day extension

of time in which to submit Appellant’s brief on the merits.

Prayer WHEREFORE PREMISES CONSIDERED, Appellant prays this

Honorable Court to grant his/her “Motion to Withdraw ‘Anders’

Brief and For Extension of Time in Which to File Substantive Brief

on the Merits,” grant him permission to withdraw the Anders brief

2 heretofore filed by court-appointed counsel, reset the briefing

schedule, and Order that the deadline for filing a substantive brief

on the merits such be extended an additional sixty (60) days, until

March 23, 2015, until such time as set by this Court.

Certificate of Conference This to certify that, on January 20, 2015, the undersigned

attempted to confer with Lauren Scott, appellate counsel in the

Bexar County District Attorney’s office. Neither Ms. Scott nor her

office oppose the requested extension.

Respectfully submitted,

____________________________________ David A. Schulman Attorney at Law Post Office Box 783 Austin, Texas 78767-0783 Tel. 512-474-4747 Fax: 512-532-6282 zdrdavida@davidschulman.com

State Bar Card No. 17833400

3 Certificate of Compliance and Delivery This is to certify that: (1) this document, created using

WordPerfect™ X7 software, contains 457 words, excluding those

items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies

with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on

January 20, 2015, a true and correct copy of the above and

foregoing “Motion to Withdraw ‘Anders’ Brief and For Extension

of Time in Which to File Substantive Brief on the Merits,” was

transmitted via the eService function on the State’s eFiling portal,

to Dean A. Diachin (diachin1@aol.com), counsel of record for

Appellant; and to Jay Brandon (jbrandon@bexar.org) and Lauren

Scott (lscott@bexar.org), counsel of record for the State of Texas.

______________________________________ David A. Schulman