McCay, Mark

• Court: Court of Criminal Appeals of Texas
• Decided: April 7, 2016
• Docket: PD-1306-15
• Status: Published

Opinion

PD-1306-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/5/2016 1:40:08 PM Accepted 4/5/2016 2:52:28 PM ABEL ACOSTA No. PD-1306-15 CLERK

MARK MCCAY IN THE COURT OF

V. CRIMINAL APPEALS

THE STATE OF TEXAS OF TEXAS

MOTION TO WITHDRAW AS APPOINTED COUNSEL

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW the undersigned attorney and moves to withdraw as counsel

of record on this case. In support of this Motion, the undersigned attorney would

show the following:

I.

On August 20, 2012, the trial court found Mr. McCay to be indigent and

appointed the Dallas County Public Defender's Appellate Division to act as

counsel for Mr. McCay on appeal. The undersigned attorney represented Mr.

McCay through the direct appeal process in the Fifth Court of Appeals and

subsequently filed a Petition for Discretionary Review in this Court. The Petition

for Discretionary Review was denied on March 23, 2016.

FILED IN COURT OF CRIMINALAPPEALS

April 5, 2016

ABEL ACOSTA, CLERK II.

On April 4, 2016, the undersigned attorney received a written

communication from Timothy W. Sorenson, a licensed attorney in Texas, (State

Bar #18848400) stating that Mr. McCay had retained him as counsel "in

connection with various motions related to his Petition for Discretionary Review."

Since Mr. McCay has retained counsel, it is apparent that he is not currently

indigent and, as such, is not entitled to appointed counsel.

III.

In this same written communication, Mr. Sorenson stated that he was filing

an appearance on Mr. McCay's behalf.

WHEREFORE PREMISES CONSIDERED, the undersigned attorney prays

to be allowed to withdraw as appointed counsel.

Respectfully submitted,

/s/ Katherine A. Drew Lynn Pride Richardson Katherine A. Drew Chief Public Defender Assistant Public Defender Dallas County, Texas State bar No. 06117800 Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 875-2360 (phone) (214) 875-2363 (fax) Kathi.Drew @dallascounty. org CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on the following persons:

Mr. Timothy W. Sorenson 5000 Whitestone Lane, Suite 1115 Piano, Texas 75024 twsorenson @ yahoo.com

Ms. Patricia Noble Dallas County Criminal District Attorney's Office Appellate Section1 133 N. Riverfront Blvd., B-19, 10th Floor Dallas, Texas, 75207 Patricia.Noble@dallascountv.org

Ms. Lisa McMinn The State's Prosecuting Attorney P. O. Box 13046 Austin, Texas 78711-3046 information @spa.texas. gov

by electronic transmission on April 5, 2016, and on

Mr. Mark McCay 2611 Madera Ave. Dallas, Texas 75206

by first class mail, postage prepaid, on April 5, 2016

/s/ Katherine A. Drew Katherine A. Drew