Turner, Albert James

• Court: Court of Criminal Appeals of Texas
• Decided: January 28, 2019
• Docket: AP-76,580
• Status: Published

Opinion

AP-76,580 COURT OF CRIMINAL APPEALS AUSTIN,-TEXAS Transmitted 12/21/2018 7:04 AM Accepted 12/27/2018 10:53 AM NO. AP-76,580 Williamson IN THE COURT OF CRIMINAL APPEALS filed COURT OF CRIMINAL APPEALS 12/27/2018 FOR THE STATE OF TEXAS deana Williamson, clerk

* * *

ALBERT JAMES TURNER, Appellant

V.

THE STATE OF TEXAS, Appellee

MOTION TO WITHDRAW AS APPELLATE COUNSEL OF RECORD

*Death Penalty Case*

On Appeal in Cause No. 54233 from the 268th District Court of Fort Bend County, Texas

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

Amy Martin, appointed counsel for Albert James Turner, respectfully

moves to withdraw as appellate counsel of record in the above captioned case. In support of this motion, Appellant would respectfully show this

Court the following:

I.

Ms. Martin will be sworn in as the judge for the 263'''^ Criminal

District Court of Harris County on January 1, 2019. Canon 4 ofthe Texas

Code of Judicial Conduct Canon states that "a judge shall not practice law

except as permitted by statute or this Code." Mr. Turner's case is does not

fall under any exception.

II.

There are no current deadlines or settings in the case. On November

14, 2018, this Court reversed the judgment of the trial court and remanded

the case for a new trial. Mr. Turner was notified of the decision and given a

copy of the decision. On November 29, 2018, the State filed a Motion for

Rehearing and Mr. Turner was sent a copy of the motion. That motion has

not been ruled on as of December 20, 2018 and Counsel does not believe

that the issue will be resolved prior to January 1, 2019.

III.

Mr. Turner is currently incarcerated and his mailing address is:

Albert Turner TDCJ #999565 Polunsky Unit 3872 FM 350 South Livingston, Texas 77351

IV.

Mr. Turner was informed in November that Counsel would need to

withdraw at the end of the year if the case was still pending. A copy of this

motion is contemporaneously being mailed to Mr. Turner, via certified

priority mail and regular mail, with notice that he has the right to object to

the motion and the address of the Court.

WHEREFORE, PREMISES CONSIDERED, Counsel requests that

this Court allow Ms. Martin to withdraw as appellate counsel for Mr. Turner.

Respectfully submitted,

Amy Martin State Bar No. 24041402 1321 Upland Dr., Suite 9638 Houston, Texas 77043 Telephone: 713-320-3525 amymartinlaw@gmail.com CERTIFICATE OF SERVICE

This is to certify that on December 21, 2018, a true and correct copy of the foregoing document was delivered to the following parties via electronic service in accordance with the Texas Rules of Appellate Procedure:

Gail McConnell Assistant Criminal District Attorney Gail.McConnell@fortbendcountytx.gov

1422 Eugene Heimann Circle Richmond, Texas 77469 Telephone: 281-341-4460 Fax:281-341-4440

State Prosecuting Attorney Stacey Soule Stacey.Soule@spa.texas.gov

AMY MARTIN