AP-77,03
COURT OF CRIMINAL APPEAL
FILED IN
AUSTIN, TEXA
COURT OF CRIMINAL APPEALS
Transmitted 4/24/2015 9:35:07 AI
April 24, 2015 Accepted 4/24/2015 9:46:53 AI
CASE NO. AP-77,033 ABEL ACOST.
ABELACOSTA,CLERK CLER
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
GEORGE THOMAS CURRY,
APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
MOTION TO WITHDRAW AS ATTORNEY OF RECORD
TO THE HONORABLE JUDGES OF SAID COURT:
THE UNDERSIGNED ATTORNEY files this Motion to Withdraw pursuant to TEX. R.
APP. P. 6.5:
I.
The appellant has been guilty of capital murder and sentenced to death. The appeal of his
case is automatic.
II.
The appellant remained indigent at the conclusion ofhis trial and received appointed
counsel for the purpose of direct appeal.
III.
The appellant's initial appellate attorney.was allowed to withdraw.
The undersigned attorney was appointed to represent the appellant on May 14, 2014.
IV.
This Court has granted two prior requests for extension of time to file the appellant's
brief The appellant's brief is now due on April 24, 2015.
V.
The attorney for the appellant will not be able to complete the appellant's brief by April
24, 2015 and requests that he be allowed to withdraw. This request is made to ensure that the
appellant has counsel that will be able to devote all of the time and effort that is necessary to
complete a death penalty capital murder brief. This request is also made to ensure that this Court
will have counsel representing the appellant who will be able to move forward with the case
without further delay.
VI.
Counsel is advising the trial court of the filing of this motion and will provide it with a
courtesy copy. Counsel will advise the trial court ofthe need to appoint new counsel to represent
Mr. Curry who remains indigent.
VII.
Counsel is also advising the appellant of the filing of this motion by direct and certified
mail. A copy of counsel's letter is attached as Exhibit A.
VIII.
Counsel has never requested leave to withdraw as appellate counsel before except in an
Anders Brief This request is made because of prior and present demands of other cases that
prevent counsel from completing the appellant's brief. These include, but are not limited to:
A. Counsel tried a one week non-death capital murder case entitled The State of
Texas v. Than Hoang in early August, 2014.
B. Counsel tried a one-week aggravated robbery case entitled The State of Texas v.
Enitor Cole in early September, 2014.
C. Counsel tried a death penalty capital case that lasted seven weeks m a case
entitled The State of Texas v. Warren Rivers.
D. In December, 2014 counsel completed and filed a brief in Brian Victorian v. The
State of Texas.
E. In early January, 2015 the counsel's father died in Cleveland, Ohio and he had to
attend to arrangements in Cleveland related to his funeral services.
F. Counsel tried a one week aggravated sexual assault case in a case entitled The
State of Texas v. Richard Owings in late January, 2015.
G. Counsel tried an assault on a public servant in a case entitled The State of Texas
v. Tommy Alexander in mid-February, 2015.
H. Counsel tried a child custody case entitled In the Interest of N.J.J. in the 308 1h
District Court ofHarris County, Texasin mid-February, 2015.
I. Counsel completed and filed the brief in Daniel Rodriguez v. The State of Texas
in mid-February, 2015.
J Counsel will complete the non-death capital murder brief in a case entitled
Johntay Gibson on or before April27, 2015.
K. Counsel has multiple trials of significant severity scheduled in early May and
early June, 2015.
IV.
This motion is not intended for the purposes of delay but only so that justice may be
done.
WHEREFORE, PREMISES CONSIDERED, the undersigned attorney requests that the
Court grant this Motion.
Respectfully submitted,
Is/ KURT B. WENTZ
KURT B. WENTZ
5629 Cypress Creek Parkway,
Suite 115
Houston, Texas 77069
Phone: 2811587-0088
State Bar No. 21179300
e-mail: kbsawentz@yahoo.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I, Kurt B. Wentz, hereby certify that a true and correct copy ofthe Appellant's Motion to
Withdraw was personally served on the Assistant District Attorney for Harris County, Texas
presently handling this Cause on the 24th day ofFebruary, 2015.
/s/ KURT B. WENTZ
KURT B. WENTZ
April23, 2014
Mr. George T. Curry
T.D.C.J. No. 999,588
Polunsky Unit ·
3872 FM 350 S.
Livingston, TX 77351
Dear Mr. Curry:
I was appointed to represent you on direct appeal after Wayne Hill was allowed to withdraw
from your case.
Unfortunately, I must now also·ask to withdraw from your case. I have now filed two extension
requests and will not be able to file a briefthat adequately addresses your needs in this most
senous case.
My request to withdraw is not made out of indifference or disrespect. Quite the contrary; it is the
seriousness of your situation and the extensive work that your type of case requires that
motivates my decision.
I have had simply too many trials and other appellate cases to adequately address yours.
I am sure the Court will appoint a qualified attorney to represent you on appeal.
You continue to have my best wishes.
Very truly yours,
Kurt B. Wentz
Sent by Direct and Certified Mail/Return Receipt requested