Jeremy Teak Palmer v. State

Opinion

ACCEPTED

03-15-00525-CR

7167705

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/30/2015 1:57:58 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-0000525-CR

STATE OF TEXAS § IN THE FILED IN 3rd COURT OF APPEALS

§ AUSTIN, TEXAS VS. § THIRD COURT 9/30/2015 1:57:58 PM

§ JEFFREY D. KYLE Clerk

JEREMY TEAK PALMER § OF APPEALS

MOTION TO RECONSIDER

Now Comes Jeremy Teak Palmer, Appellate in the above entitled and numbered cause and files this Motion to Reconsider the Court’s dismissal of his appeal and would show as follows:

1. On June 16, 2015 Appellate was sentenced to 16 years in TDC. At the time of Appellant’s sentencing John A. Olson was his court appointed attorney. Appellate desired to Appeal the court’s sentence and advised John A. Olson. The Notice of Appeal was due on July 16, 2015.

2. John A. Olson failed to file a timely Notice of Appeal and subsequently filed one on August 12, 2015.

3. On August 12, 2015 John A. Olson filed a Motion to Withdraw and the court granted same on August 20, 2015.

4. On August 21, 2015 the Court appointed the undersigned counsel to represent Appellate.

5. Counsel for Appellate has reviewed the pleadings and Motions filed in this cause, conferred with Appellant’s previous counsel John A. Olson and believes that Appellate was provided inadequate assistance of counsel by John A. Olson. 6. Appellate move the court that their Order of Dismissal be vacated and that this matter be returned to the trial court for a determination as to whether or not Appellate received inadequate assistance of counsel in the perfection of his appeal. Jack v. State 194 S.W.3 119.

Wherefore, Appellate prays for the relief requested in this Motion.

Respectfully submitted,

Law Offices of Gary F. Churak P.C.

14310 Northbrook Ste. 210 San Antonio, Texas 78232

Tel: (210) 491-4443

Fax: (210) 491-4446

By: /S/Gary F. Churak

Gary F. Churak

State Bar No. 04245500

churaklaw@msn.com

Attorney for Jeremy Teak Palmer

CERTIFICATE OF COMPLAINCE

This document complies with the typeface requirements of Tex. R. App. P.

9.4(e) because it has been prepared in a conventional typeface no smaller than 14- point for text and 12-point for footnotes. This document also complies with the word-count limitations of Tex. R. App. P. 9.4(i), if applicable, because it contains 398 words, excluding any parts exempted by Tex. R. App. P. 9.4(i)(1).

/S/_Gary F. Churak_______________

CERTIFICATE OF SERVICE

This is to certify that on September 30, 2015, a true and correct copy of the above and foregoing document was served on the Mr. Daniel Palmitier, District Attorney's Office, Comal County.

/S/Gary F. Churak

Gary F. Churak