Graham Jay Sonnenberg v. State

Opinion

ACCEPTED

03-14-00530-CR

5236031

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/11/2015 3:51:32 PM

JEFFREY D. KYLE

CLERK

03-14-00530-CR

GRAHAM JAY SONNENBERG FILED IN THE COURT OF IN

APPEALS 3rd COURT OF APPEALS

AUSTIN, TEXAS

VS. THIRD 3:51:32 5/11/2015 DISTRICT

PM

JEFFREY D. KYLE

Clerk

STATE OF TEXAS SITTING IN AUSTIN, TEXAS

MOTION TO WITHDRAW BY APPOINTED COUNSEL

and

MOTION FOR EXTENSION OF TIME FOR FILING OF PRO SE BRIEF

TO THE HONORABLE JUDGES OF THE THIRD COURT OF APPEALS:

COMES NOW Don Morehart, court appointed attorney of record on appeal

for the appellant herein, and presents this motion to withdraw and Motion for

Extension of Time for Filing of a Pro Se Brief, and in support thereof would show

the court the following:

I.

On August 20, 2014, the trial court appointed Don Morehart, an attorney

licensed in the State of Texas, to represent the Appellant in this case. Since that

date, counsel has conducted a diligent and thorough review of the appellate record,

and has determined that there are no meritorious grounds for this appeal.

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II.

Counsel has submitted a brief, setting forth the factual and procedural

aspects of the case, and identifying possible grounds for appeal, if any. Counsel

has sent to Appellant a copy of the brief, and has explained to Appellant the steps

necessary to obtain a copy of the clerk’s record and the reporter’s record from the

Clerk of Court, and advised Appellant of his right to present a pro se brief and the

time periods applicable.

WHEREFORE, PREMISES CONSIDERED, Don Morehart, attorney at law,

requests that the court enter an order allowing said attorney to withdraw from

representation of the Appellant named herein.

Respectfully Submitted,

LAW OFFICE OF DON MOREHART 316 West 12th Str., Ste 602 Austin, Texas 78701 Telephone 512/472-4040 Telecopier 512/472-4086 Don@MorehartLaw.com ATTORNEY FOR APPELLANT

/s/ Don Morehart DON MOREHART SBN 14423700

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CERTIFICATE OF SERVICE

By my signature above/below, I hereby certify that a true and correct copy of the above and foregoing was served upon the following persons in the manner described on May 11, 2015.

State's Attorney Travis County District Attorney P.O. Box 1748 Austin, TX 78767 VIA FAX to 512-854-4206

GRAHAM SONNENBERG Appellant/Defendant TDCJ # 01950692 Daniel Unit 938 South FM 1673 Snyder, TX 79549 VIA Courier Receipted Delivery

/s/ Don Morehart Don Morehart Court Appointed Counsel for Appellant

ACCEPTED

03-14-00530-CR

5236084

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/11/2015 3:53:34 PM

JEFFREY D. KYLE

CLERK

03-14-00530-CR

GRAHAM JAY SONNENBERG IN THE COURT OF APPEALS

VS. THIRD DISTRICT

STATE OF TEXAS SITTING IN AUSTIN, TEXAS

COURT APPOINTED COUNSEL’S CERTIFICATE OF COMPLIANCE WITH PRE-WITHDRAWAL REQUIREMENTS IN AN ANDERS APPEAL

TO THE HONORABLE COURT OF APPEALS:

In compliance with the requirements of Anders v. California, 386 U.S. 378

(1967), I, Don Morehart, court-appointed counsel for appellant, Graham

Sonnenberg, in the above-referenced appeal, do hereby verify, in writing, to the

Court that I have:

1. notified appellant that I filed a motion to withdraw as counsel with an

accompanying Anders brief, and provided a copy of each to appellant; and

2. informed appellant of his right to file a pro se response identifying what he

believes to be meritorious grounds to be raised in his appeal, should he so desire;

3. advised appellant of his right to review the appellate record, should he wish

to do so, so that he may prepare his pro se brief; and

4. explained the process for obtaining the appellate record, provided a Motion

for Pro Se Access to the Appellate Record lacking only appellant's signature and

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the date, and provided the mailing address for this Court; and

5. informed appellant of his right to seek discretionary review pro se should

this Court declare his appeal frivolous.

Respectfully submitted,

/s/ Don Morehart Don Morehart SBN 14423700 Attorney and Counselor at Law 316 West 12th Street, Suite 313 Austin, Texas 78701 T: 512-551-0404 F: 512-551-0405 Don@MorehartLaw.com ATTORNEY FOR APPELLANT