in the Interest of S. R.- M. C.

Opinion

ACCEPTED 01-15-00556-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 8:18:49 PM CHRISTOPHER PRINE CLERK

N0. 01-15-00556-CV

FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS 12/28/2015 8:18:49 PM FOR THE FIRST DISTRICT CHRISTOPHER A. PRINE Clerk OF TEXAS AT HOUSTON

IN THE INTEREST OF S.R.-M.C., CHILD

R.A.C., SR., AKA R.C., APPELLANT

VS.

DEPARTMENT OF FAMILY & PROTECTIVE SERVICES, APPELLEE

ON APPEAL FROM THE 313TH DISTRICT COURT OF HARRIS COUNTY, TEXAS TRIAL COURT CAUSE NO. 2010-08247J

UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW DONALD M. CRANE (“appellate counsel”), appointed

attorney ad litem on appeal for Appellant, R.A.C., Sr., aka R.C., respondent

Page 1 of 5 father, and hereby files this Unopposed Motion for Withdrawal of Counsel.

Donald M. Crane requests the Court grant him leave to withdraw as Attorney

ad litem on appeal for Appellant R.A.C., Sr., aka R.C., in accordance with

Texas Rules of Appellate Procedure (“TRAP”) Tex. R. App. P. 6.5, and in

support would show as follows:

1. Appellate counsel forwarded correspondence dated December 29, 2015, to Appellant enclosing a copy of the Court’s Memorandum Opinion dated November 17, 2015, (“Memorandum Opinion“) by U.S. First Class Mail and Certified Mail, Return Receipt Requested #7014 2120 0003 3959 1292 to Appellant’s last known address:

10091 Stonybrook Circle, Apt. A Indianapolis, Indiana 46229 (317) 912-5762.

2. Appellate counsel advised of his duty to re-evaluate the appeal to determine the merit of further appellate action and advised that such is frivolous. Tex. R. App. P. 62.

3. Appellate counsel further explained that Appellant on his own may pursue a petition for review in the Supreme Court of Texas, but that such is frivolous.

4. Appellate counsel further explained that Appellant should retain private counsel as to the merits of pursuing a petition for review in the Supreme Court of Texas.

5. Appellate counsel further explained that Appellant has a current filing deadline of January 4, 2016, and that should he pursue a petition for review in the Supreme Court of Texas, he should first consult Tex. R. App. P. 53.

Page 2 of 5 6. Appellate counsel further explained that Appellant may Contact the Supreme Court of Texas, P.O. Box 12248, Austin, Texas 78711, (512) 463-1312, for further information.

7. Finally, Appellate counsel advised Appellant of his right to object to this motion for withdrawal of counsel, enclosing then forwarding a copy of said motion December 29, 2015 by U.S. First Class Mail and Certified Mail, Return Receipt Requested #7014 2120 0003 3959 1292 to Appellant’s last known address:

10091 Stonybrook Circle, Apt. A Indianapolis, Indiana 46229 (317) 912-5762.

WHEREFORE, PREMISES CONSIDERED, Donald M. Crane prays

that the Court enter an order discharging him as Appellate Counsel for R.A.C.,

Sr. aka R.C.

Respectfully submitted,

/s/ Donald M. Crane Donald M. Crane 810 South Mason Road, Suite 350 Katy, Texas 77450 Telephone (281) 392-6611 Facsimile (281) 392-5383 State Bar No. 05005900

donmcrane@gmail.com

ATTORNEY AD LITEM ON APPEAL FOR APPELLANT R.A.C., SR., aka R.C.

Page 3 of 5 CERTIFICATE OF CONFERENCE

This motion is unopposed.

/s/ Donald M. Crane Donald M. Crane

Page 4 of 5 CERTIFICATE OF SERVICE

I hereby certify that on this 29th day of December, 2015, a true and correct copy of the foregoing Unopposed Motion for Withdrawal of Counsel was served in accordance with the TRAP.

1. Sandra D. Hachem Senior Assistant County Attorney 1019 Congress Avenue, 16th Floor Houston, Texas 77002-1700 (713) 437-4700 fax

2. Sylvia Yvonne Escobedo 917 Franklin, Suite 100 Houston, Texas 77002-1930 (713) 655-0200 fax

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