Eberto A. Mendez v. State

Opinion

ACCEPTED

04-14-00916-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

4/13/2015 1:29:07 PM

KEITH HOTTLE

CLERK

NO. 04-14-00916-CR

FILED IN

4th COURT OF APPEALS

IN THE SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS 4/13/2015 1:29:07 PM OF TEXAS KEITH E. HOTTLE AT SAN ANTONIO, TEXAS Clerk

EBERTO A. MENDEZ,

Appellant

VS.

THE STATE OF TEXAS,

Appellee

MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE COURT OF APPEALS:

Comes now, and RICHARD B. DULANY, JR., Assistant Public Defender, counsel for Appellant in the above-styled appeal, and respectfully requests permission to withdraw as counsel.

I.

The Bexar County Public Defender’s office was appointed on December 29, 2014 to represent Appellant in this appeal from the revocation of probation and adjudication of guilt in this case, obtained upon Appellant’s plea of true to the trial court.

II.

Undersigned counsel has conducted a diligent review of the record and pertinent case law, and counsel finds the appeal to be wholly frivolous. Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978), in which counsel relates that he has diligently searched the record and has failed to find any meritorious issues for review on appeal.

III.

Counsel has provided Appellant, by Certified Mail, a copy of the brief filed in this case, along with a letter outlining Appellant’s rights under Anders, including the right to review the appellate record and file a pro se brief.

IV.

Counsel has provided Appellant with a motion for pro se access to the appellate record to sign, date, and return to this Court for filing. See Kelly v. State, 436 S.W.3d 313, 318-19 (Tex. Crim. App. 2014).

V.

Counsel has provided Appellant a copy of this Motion to Withdraw contemporaneously with filing of said brief.

VI.

For the above reasons, counsel respectfully requests permission to withdraw from further representation of Appellant.

Respectfully submitted,

/s/ Richard B. Dulany, Jr.

____________________________________

RICHARD B. DULANY, JR.

Assistant Public Defender Bexar County Public Defender’s Office 101 W. Nueva St., Suite 310 San Antonio, Texas 78205

richard.dulany@bexar.org

(210) 335-0701

FAX (210) 335-0707

Texas Bar No. 06196400

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE AND COMPLIANCE I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion To Withdraw as Counsel has been delivered electronically to the Bexar County District Attorney’s Office, Appellate Division, Paul Elizondo Tower, 300 Dolorosa St., Suite 710, San Antonio, Texas 78205, on April 13, 2015.

I further certify that a true and correct copy of the foregoing motion was served upon Eberto A. Mendez, TDCJ# 01965661, Dominguez State Jail, 6535 Cagnon Road, San Antonio, Texas 78252-2202, by certified mail, return receipt requested, Article No. 7012 1640 0002 4217 9888, on April 13, 2015.

This document contains 442 words.

/s/ Richard B. Dulany, Jr.

____________________________________

RICHARD B. DULANY, JR.