Pugh, Allen Bray

• Court: Court of Criminal Appeals of Texas
• Decided: December 14, 2020
• Docket: PD-1053-19
• Status: Published

Opinion

GRANTED PD-1053-19 COURT OF CRIMINAL APPEALS

PER CURIAM AUSTIN, TEXAS Transmitted 12/9/2020 2:05 PM

12/14/2020 Accepted 12/10/2020 9:26 AM NO. PD-1053-19 DEANA WILLIAMSON CLERK

IN THE COURT OF CRIMINAL APPEALS FILED OF TEXAS COURT OF CRIMINAL APPEALS 12/10/2020 DEANA WILLIAMSON, CLERK ALLEN BRAY PUGH Appellant, v. THE STATE OF TEXAS, Appellee.

On Appeal from the 42nd District Court of Taylor County, Texas Cause No. 26281-A (Hon. James Eidson)

and

Cause No. 11-17-00216-CR

from the COURT OF APPEALS FOR THE ELEVENTH JUDICIAL DISTRICT EASTLAND, TEXAS

__________________________________________________________________

JEFFREY A. PROPST’S MOTION TO WITHDRAW AS COUNSEL

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Now comes Jeffrey A. Propst, co-counsel for Allen Bray Pugh, and files this

Motion to Withdraw as Counsel.

CAUSE FOR WITHDRAWAL

Withdrawal of counsel is permissible when withdrawal can be accomplished

without material adverse effect on the interests of the client. TEX. DISC. R. OF PROF’L CONDUCT 1.15(b)(1). Withdrawal of counsel in this case can be

accomplished without material adverse effect on the interests of Mr. Pugh, because

Mr. Pugh can rely on co-counsel, Rick Dunbar, who is listed as an attorney of

record in this case and in the case from the appellate court.

Further, other good cause for withdrawal exists. See TEX. DISC. R. OF

PROF’L CONDUCT 1.15(b)(7). Specifically, Jeffrey A. Propst is permanently closing

his law practice in December 2020 to assume the role of District Judge in the 104th

District Court of Taylor County, Texas, on January 1, 2021.

CONSENT OF MR. PUGH

Mr. Pugh has been informed of the circumstances and the need for Jeffrey A.

Propst to withdraw. Mr. Pugh consents to the withdrawal as is evidenced by the

attached consent form.

DEADLINES

There are currently no deadlines in this case. The case was submitted by oral

argument and is awaiting decision.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Jeffrey A. Propst asks this

Honorable Court to issue an order discharging him from the case as attorney for

Allen Bray Pugh. Respectfully submitted,

_________________________________ JEFFREY A. PROPST Texas Bar No. 24064062 P.O. Box 3717 Abilene, Texas 79604 Tel. (325) 455-1599 Fax (325) 455-1507 Email: jeff@keithandpropst.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on the following on November 23, 2020:

Allen Bray Pugh, Appellant by mail to TDCJ - Hughes Unit

Britt Lindsey, Attorney for the State of Texas by email

Rick Dunbar, Attorney for Appellant by email

___________________________________ JEFFREY A. PROPST

CERTIFICATE OF COMPLIANCE

I hereby certify that according to the word count function of the word processing software used to draft this motion, the word count is 421 words.

___________________________________ JEFFREY A. PROPST Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jeffrey Propst on behalf of Jeffrey Propst Bar No. 24064062 jeff@keithandpropst.com Envelope ID: 48789952 Status as of 12/10/2020 9:27 AM CST

Associated Case Party: AllenBrayPugh

Name BarNumber Email TimestampSubmitted Status

Jeffrey Propst jeff@keithandpropst.com 12/9/2020 2:05:36 PM SENT

Rick Dunbar rickdunbar2013@gmail.com 12/9/2020 2:05:36 PM SENT

Associated Case Party: State

Britt Lindsey lindseyb@taylorcountytexas.org 12/9/2020 2:05:36 PM SENT

Stacey Soule information@spa.texas.gov 12/9/2020 2:05:36 PM SENT