Frederick, Destyn David

Opinion

PD-1334-15

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 11/4/2015 1:53:49 PM November 4, 2015 Accepted 11/4/2015 5:31:27 PM PD-1334-15 ABEL ACOSTA 04-14-00246-CR CLERK TC-11-09-00041-CRL

DESTYN DAVID FREDERICK § IN THE COURT OF Appellant § §

VS. § CRIMINAL APPEALS §

THE STATE OF TEXAS § Appellee § AUSTIN, TEXAS

AMENDED MOTION FOR LEAVE

TO WITHDRAW AS ATTORNEY OF RECORD

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, Richard E. Langlois, court appointed attorney of record for

Appellant, Destyn David Frederick, in the above styled and numbered cause and

respectfully requests leave of this Court to withdraw as counsel for Appellant and in support thereof shows:

I.

Counsel was appointed by the District Court in LaSalle County to represent

Destyn David Frederick for the appeal of his conviction of murder in the above styled

and numbered cause. Counsel timely filed appellant’s brief in this matter. The Fourth Court of Appeals issued an opinion affirming appellant’s conviction and sentence on

September 9, 2015. Thereafter, Counsel submitted a letter in compliance with Rule

48.2 TRAP to Destyn David Frederick informing him of his right to file a pro se

petition for discretionary review pursuant to Rule 68 TRAP and provided notice

counsel would withdraw as his attorney of record. Counsel is in compliance with the opinion in Ex Parte Wilson, 956 S.W.2d 25, (Tex.Crim.App. 1997 and has not been retained

to file a Petition for Discretionary Review.

II.

Because counsel could not confirm Appellant Destyn Frederick received

Counsel’s letter notifying of his right to file a pro se petition for discretionary review,

counsel, in an abundance of caution, to avoid Destyn Frederick forfeiting his right to

file a pro se petition for discretionary review, filed a motion to extend time to file

petition for discretionary review. This court granted counsel motion to file his petition for discretionary review to November 9, 2015.

Counsel’s previous motion to withdraw with the Fourth Court of Appeals

Fourth Court of Appeals was granted. To prevent Appellant not having legal

representation on his petition for discretionary review counsel filed a motion to

withdraw his prior motion to withdraw. However, circumstances have changed when counsel received an email from Destyn Frederick’s mother on October 29, 2015

notifying counsel not to file a petition for discretionary review and terminate his representation of Destyn Frederick.

In compliance with Defendant Destyn Frederick’s request Counsel herein files

his motion to withdraw as counsel of record before this court for appellant Destyn Frederick.

III.

Counsel believes that no injustice or prejudice will be caused by the withdrawal

of counsel at this time and that Counsel has no further legal duty to continue to

represent appellant in this matter. Appellant has filed a pro se petition for discretionary review.

WHEREFORE, PREMISES CONSIDERED, Richard E. Langlois respectfully requests that this court enter an order permitting counsel withdraw from his

representation of Destyn Frederick in this cause.

RESPECTFULLY SUBMITTED

LAW OFFICES RICHARD E. LANGLOIS 217 Arden Grove San Antonio, Texas 78215 Tel: (210) 225-0341 Fax: (210) 225-0345

/s/ Richard E. Langlois State Bar No. 11922500 Attorney for Appellant

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion

to Withdraw has been mailed to Destyn David Frederick, TCDJ: 01920865, 899 FM

632, Kenedy, Texas 78110-4516 and to Mr. Rene M. Pena, Atascosa County District

Attorney. 1327 3rd St., Floresville, Texas 78114-1961, on this 4st day of November

2015.

/s/ Richard E. Langlois