Donaldson, Patricia

Opinion

PD-0572-14, PD-0573-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS March 3, 2015 Transmitted 3/3/2015 11:14:52 AM Accepted 3/3/2015 12:23:11 PM ABEL ACOSTA NOS. PD-0572-14 & PD-0573-14 CLERK

PATRICIA DONALDSON § IN THE COURT OF CRIMINAL VS. § APPEALS FOR THE STATE THE STATE OF TEXAS § OF TEXAS AT AUSTIN

ON APPEAL FROM THE ND 282 JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS IN CAUSE NOS. F10-00433-S & F10-00435-S FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS IN CAUSE NOS. 05-13-00598-CR & 05-13-00599-CR

MOTION TO WITHDRAW AS APPOINTED COUNSEL ON PETITION FOR DISCRETIONARY REVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW the undersigned attorney, Kathleen A. Walsh, on behalf of

the Dallas County Public Defender’s Appellate Division and moves to withdraw

as appointed counsel on the Petition for Discretionary Review in this case. In

support of this motion, the undersigned attorney would show the Court the

following:

I.

On February 4, 2015, this Court granted Appellant’s pro se petition for

discretionary review and issued an Order to Determine Representation to the trial

court. Pursuant to that order, the trial court appointed the Dallas County Public Defender’s Appellate Division to represent Appellant on her petition for

discretionary review. See Appendix A.

II.

The undersigned attorney represented Appellant on her appeal in these

cases. After reviewing the opinion from the court of appeals and the applicable

law, the undersigned attorney declined to file a petition for discretionary on

Appellant’s behalf. During the course of my representation on the appeal,

Appellant continually expressed great dissatisfaction with the work which was

done on her behalf.

In view of my legal analysis of Appellant’s cases and subsequent decision

not to file a petition for discretionary review, together with Appellant’s extreme

dissatisfaction with our office’s representation of her on appeal, the undersigned

attorney has formed the opinion that Appellant would be best served by having an

attorney appointed to represent her on the petition for discretionary review who is

not a member of the Dallas County Public Defender’s Office.

IV.

This Motion is not brought for purposes of delay but is brought to ensure

that Appellant receives the effective assistance of counsel on the petition for

discretionary review. WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully

requests that this Court grant the Motion to Withdraw as Appointed Counsel on

Petition for Discretionary Review and enter an order requiring the trial court to

appoint substitute counsel to represent Appellant.

Respectfully submitted,

Lynn Richardson /s/ Kathleen A. Walsh Chief Public Defender Kathleen A. Walsh Dallas County Assistant Public Defender State Bar No. 20802200 133 N. Riverfront Blvd., LB-2 Dallas, TX. 75207-4399 (214) 653-3550 (telephone) (214) 653-3539 (fax) kwalsh@dallascounty.org

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on Alexis Hernandez, Assistant District Attorney on the 3rd day of March, 2015 by electronic transmission to Alexis.Hernandez@dallascounty.org.

/s/ Kathleen A. Walsh Kathleen A. Walsh APPENDIX A