Jennifer Foley v. State

Opinion

Order entered November 7, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-01268-CR

JENNIFER FOLEY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 26th District Court Williamson County, Texas

Trial Court Cause No. 14-0094-K26

ORDER

Before the Court is the October 25, 2018 motion to withdraw as counsel filed by

appellant’s retained counsel, Jeremiah Walters. In his motion, Walters requests permission to withdraw on the grounds he is not qualified to represent appellant on appeal.

By filing the notice of appeal, Walters became appellant’s appellate counsel. See TEX. R.

APP. P. 6.1(a). This Court may, on appropriate terms and conditions, permit an attorney to withdraw from representation. See TEX. R. APP. P. 6.5. The motion to withdraw, however, must comply with the requirements of rule 6.5. The motion before the Court does not comply with rule 6.5 in that it does not contain a statement showing that a copy of the motion was delivered to appellant, either by hand delivery or through both certified and first-class mail, and it does not

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contain a statement that appellant was notified in writing of her right to object to the motion. See TEX. R. APP. P. 6.5(a)(3-4), (b).

Because the motion does not comply with the requirements of the rules of appellate procedure, the motion to withdraw is DENIED without prejudice to refiling a motion that conforms to rule 6.5.

/s/ LANA MYERS

JUSTICE