Manuel Ruiz Constancio v. State

Opinion

ACCEPTED

03-14-00411-CR

6549168

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/18/2015 4:08:50 PM

JEFFREY D. KYLE

NO. 03-14-00411-CR CLERK

MANUEL CONSTANCIO § IN THE FILED IN

v. § THIRD COURT 3rd OFCOURT OF APPEALS

APPEALS

AUSTIN, TEXAS

THE STATE OF TEXAS § AUSTIN, TEXAS8/18/2015 4:08:50 PM JEFFREY D. KYLE

Clerk

MOTION TO WITHDRAW AS COURT APPOINTED COUNSEL FOR APPELLANT MANUEL RUIZ CONSTANCIO

To The Honorable Justices of the Third Court of Appeals, Now Comes

Shawntell McKillop, in the above styled and numbered cause, and moves this Court to grant her Motion To Withdraw As Court Appointed Counsel For Manuel Ruiz

Constancio, and for good cause shows the following:

I.

In the 391' Judicial District Court ofTom Green County, Texas, in a case styled, The

State of Texas v. Manuel Ruiz Constancio; Cause Number A-11-0535-S, Manuel Ruiz Constancio was charged by Indictment with the felony offense of Robbery.

A trial took place on February 24, 2014, February 25, 2014 and April 24,

2014. At the conclusion of trial, the court found Manuel Ruiz Constancio guilty on the Motion to Adjudicate Guilt. The Judge assessed punishment at a sentence of 10

years in a Texas Department of Criminal Justice Correctional Facility. The appeal

of the judgment of the trial court is currently pending before this Court.

The United States Supreme Court does not obligate counsel representing a

client on appeal to argue in support of grounds for reversal of the lower court's

judgment when after a "conscientious examination" of the case, counsel

determines appeal to be "wholly frivolous." Anders v. State of California, 386 US

738, 744 (1967). In such situations, the United States Supreme Court has outlined

appropriate procedural steps to be taken by appellate counsel: 1) counsel is required

to submit a brief examining the record for any point arguably in support of proper

grounds for reversal on appeal; 2) counsel must fumish this brief to an indigent

client enabling the client the right to file a pro-se brief based on points of appeal

this individual maintains present proper grounds for appeal; and 3) counsel may

request the appellate court grant counsel's request to withdraw from the

obligation of providing further legal representation to the client on appeal. Id

Counsel for Manuel Ruiz Constancio prepared and filed an "Anders

Brief on behalf of Appellant. After a "conscientious examination" of the case,

including a diligent review of the Record and applicable authorities, Counsel found an

absence of meritorious grounds for appeal and has detennined the basis of any appeal

in this case would be frivolous in nature. Therefore Shawntell McKillop, Counsel

for Appellant, respectfully requests this Court acknowledge and approve her

request to withdraw from her court appointed duty of provi(:iing further legal representation to Appellant Manuel Ruiz Constancio on original appeal.

WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant prays this

Court grant her Motion To Withdraw As Court Appointed Counsel For Manuel Ruiz Constancio.

Respectfully submitted: Shawntell McKillop 25 West Beauregard San Angelo, Texas 76906 Telephone: (325) 658-1991 Facsimile: (325) 655-1391

By Is! Shawntell McKillop Shawntell McKillop State Bar No. 24007655 Attorney for Manuel Ruiz Constancio

CERTIFICATE OF SERVICE

I certifY a true and correct copy of the above and foregoing Motion To Withdraw was served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on August \'0 , 2015, on the following parties:

Office ofTom Green County District Attorney 124 West Beauregard Avenue San Angelo, Texas 76903 Appellee

Mr. Manuel Ruiz Constancio TDCJ Number 01938566 Fort Stockton Unit 1536 East lli-10

Fort Stockton, Texas 79735 Appellant

Is/ Shawntell McKillop Shawntell McKillop, Counsel for Appellant

CERTIFICA1E OF CONFERENCE

I certify that I contacted the Tom Green County District Attorney's Office on August \ <o , 2015, but the District Attorney was unavailable to speak to me regarding the State's position with respect to this Court granting Counsel for Appellant's request to withdraw from her court appointed duty to provide legal representation to Appellant Manuel Constancio.

Is/ Shawntell Mckillop Shawntell McKillop, Counsel for Appellant