Randall Arthur Hazel v. State

Opinion

ACCEPTED

03-15-00266-CR

6379657

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/6/2015 9:43:58 AM

JEFFREY D. KYLE

CLERK

No. 03-15-06266-CR

In ,the

FILED IN

Court of Appeails 3rd COURT OF APPEALS AUSTIN, TEXAS

Third District ofT,exa.s 8/6/2015 9:43:58 AM at Austin JEFFREY D. KYLE Clerk

--------·--------

CR-2014-020

In the 207ih District Court Comal County, Texas

•

RANDALL ARTHUR HAZEL

Appellant

v.

THE STATE OF TEXAS

Appe!k:e

•

MOTI,O N TO WITHDRAW AND DISMISS APPEAL

•

TO THE HONORABLE JUDGES OF SAID COURT:

COMES N OW, Randall Arthur Hazel, Appellant ill the above-captioned

cause, by and through his attorney of record., and respectfu[lly moves the Court to

withdraw and dismiss hls appeal, as provided by TEXAS R ULE OIF APPELLATE

PROCED URE 42.2. ln :Support hereof, Appellla:nt would show unto ilie Court the

foUowing:

1. On :March 3, 20t5, Appdlant was found gnilfy at a uury tria[ for the offense of Aggt:avaood Robbery.. On Aprill 20., 20H 5, the tria[ court .a:s:sessed punishment :and :sentenced Appdl:ant to {_oudlee.n yea-rs in. the T,ex:as the Department of Crimffi:a[ Ju:sitioe.

2. Appell:a.nt file,d :a cimdy notice of :appeal

3. Appellant has had the opportunity to discuss the facts :and bw regarding his .appeal with the undersigned attorney on appea[ on many oocasions. Appell:ant been notified of the cons·equenoes of asking this Court to ,dismi:ss his appeal Appellant is .aware that upon this Court gtantiing this motion, Appell:ant':s conviction will become fin.a[ and Appellant will. not be able to fil<e another direct appeaL Appellant is aware that upon this Court granting this motion, Appell:ant will not be able to chaUenge the legal sufficiency of the evidence :at his trial not: will Appellant be .able to have this Court review any potentia[ ettots that may have occuned at Appell:ant'~s trial AppeU.ant is aware that the undenigned attorney on appeal has not received the reporter's record/transcripts and, therefore, has not had the opportunity to fully investigate unh.:at potential issues Appellant could r.aise on direct appeal Appellant is aware that the undersign,ed .a ttorney on appeal .encourages AppeHant to contiinue with his appeal and to not file this motion. Appellant by his signature below ack.now~edges that he has re.ad this motion, agt"ees with the contents of this motion understands the consequences of filing this motion .a.nd , , I '

knowingly, intelligendy, and voluntarily t<equests the Court issue an ot!der of dismissal.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully pray:s the

Court grant this motion, ther-eby dismissing this appeal an.d allowing the conviction to

becom.e final

I VIN" STH.VKiEH.

~lll /11 !~t/_ Attorney for RandaU Hazel Randalll Hazd State Bar Number: 240.37565 AppeUant 2l1 Ar~clern Grove San Antonio, Texas 78215 Phone:2l0-69J-l500 Fax: l-888·-252-JOJJ Snykerlawfm:n@gmaitcom

Motion to Withdraw and Dismiss Appe.al - RandaiU AlitlJ:wr Hazell; No U - l5-0'0266-CR

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has

been serv,e d upon Joshua Presley, appellee's attorney of record on appeal, on

August 5, 2015, at the following .e -mail address, through the d ectronic service

system provided by eFile.TXCourts.gov:

Pt:_e~}j @co.comal . tx. us

KEVIN ST RYKER. Attorney for Randall Hazel State Bar Number; 24037565 2 17 Arden Grove San Antonio~ Texas 78215 Phone: 2 10-693-1500 Fax: t.-888-2:52-.3033 Sitrykerlawfum@gmailcom

Motion to Withdraw and Dismiss Appeal- RandaU Mhur Ha2el; No. U - L~-00266 -CR