Thomas, Reginald Darrell A/K/A Kevin Dobson

• Court: Court of Criminal Appeals of Texas
• Decided: May 23, 2016
• Docket: PD-0206-16
• Status: Published

Opinion

PD-0206-16 PD-0206-16 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/17/2016 12:21:36 PM Accepted 5/17/2016 3:01:43 PM ABEL ACOSTA In the Court of Criminal Appeals of Texas CLERK

REGINALD DARRELL THOMAS Appellant, § /*

Motion for Leave to Withdraw ^ n^q r a* Petition for Discretionary Review \ *y* *0

To the Honorable Court of Criminal Appeals of Texas:

Motion for Leave to Withdraw

Counsel for Appellant, The Saputo Law Firm, PLLC, by Paul Saputo, Texas

state bar number 24083782, hereby moves this court for leave to withdraw from

representation as attorney for Petitioner in this case for the following reason:

I.

Retention

Petitioner appears to have fired movant. A dispute has been made on the

credit card payment to counsel for representation on this case. Movant has

determined through phone calls with the credit card processor that the dispute was

made for "goods or services not provided." This dispute has resulted in the funds FILED IN COURT OF CRIMINALAPPEALS Motion for Leave to Withdraw Page 1 of 4 May 17, 2016

ABEL ACOSTA, CLERK for representation being withdrawn from counsel's bank account. Attempts to

clarify whether this dispute on payment was an attempt to fire movant have been

met with ambiguity and have raised serious doubts in counsel's mind whether

Petitioner desires movant to represent him. At this point, movant is unsure whether

counsel can ethically continue to represent Petitioner. Petitioner is free to represent

himself in this case, and counsel does not wish to submit work product against the

wishes of Petitioner.

Communication

Movant is unable to effectively communicate with Petitioner so as to be able

to adequately represent Petitioner.

II.

Counsel is prepared to submit a timely Petition for Discretionary review if

the Court does not permit movant to withdraw. Movant has unsuccessfully

attempted to resolve this dispute with Petitioner, and Movant believes that further

attempts to resolve this dispute will be fruitless. Given the pending deadline to

submit the Petition for Discretionary Review, movant believes that it is in

Petitioner's best interest to file this motion with as much notice as possible to

movant so that movant might take all appropriate steps to prepare a timely Petition

for Discretionary Review.

Motion for Leave to Withdraw Page 2 of 4 III.

Pursuant to Tex. R. App. P. 6.5(a)(1), movant hereby notifies Petitioner that

the deadline for filing the Petition for Discretionary Review is Monday, May 23,

2016. A copy of this Petition has been sent to Reginald Darrell Thomas, Petitioner,

at his last known address and by email.1 Petitioner's last known address is 4300

Old Mansfield Rd., Fort^Worth, TX 76119-2730, and his telephone number is

(682) 323-9236.

Petitioner has been notified via email that he has the right to object to this

motion, and Petitioner is again hereby notified in writing of his right to object to

this motion.

Respectfully submitted,

The SAPUTO LAW FIRM, PLLC

By: /s/ Paul Saputo Paul Saputo Texas Bar No. 24083792 1320 Griffin St. E. Dallas, TX 75215 Tel. (469)751-2171 Fax (888) 236-2516 Email paul@saputo.law

ATTORNEY FOR PETITIONER

1See Tex. R. App. P. 6.5(a](2),(3)

Motion for Leave to Withdraw Page 3 of 4 CERTIFICATE OF SERVICE

This is to certify that a correct copy of the above and foregoing has been sent

by email, certified and by first-class mail to Petitioner at his last known address,

and electronically sent to the State Prosecuting Attorney and the Dallas County

District Attorney Susan Hawk, Appellate Section, 133 N. Riverfront Blvd;, LB 19,

Dallas TX 75207, via electronic filing service.

/s/ Paul Saputo Paul Saputo

VIA ELECTRONIC FILING SERVICE

Motion for Leave to Withdraw Page 4 of 4