PD-1306-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/5/2016 1:40:08 PM
Accepted 4/5/2016 2:52:28 PM
ABEL ACOSTA
No. PD-1306-15
CLERK
MARK MCCAY IN THE COURT OF
V. CRIMINAL APPEALS
THE STATE OF TEXAS OF TEXAS
MOTION TO WITHDRAW AS APPOINTED COUNSEL
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW the undersigned attorney and moves to withdraw as counsel
of record on this case. In support of this Motion, the undersigned attorney would
show the following:
I.
On August 20, 2012, the trial court found Mr. McCay to be indigent and
appointed the Dallas County Public Defender's Appellate Division to act as
counsel for Mr. McCay on appeal. The undersigned attorney represented Mr.
McCay through the direct appeal process in the Fifth Court of Appeals and
subsequently filed a Petition for Discretionary Review in this Court. The Petition
for Discretionary Review was denied on March 23, 2016.
FILED IN
COURT OF CRIMINALAPPEALS
April 5, 2016
ABEL ACOSTA, CLERK
II.
On April 4, 2016, the undersigned attorney received a written
communication from Timothy W. Sorenson, a licensed attorney in Texas, (State
Bar #18848400) stating that Mr. McCay had retained him as counsel "in
connection with various motions related to his Petition for Discretionary Review."
Since Mr. McCay has retained counsel, it is apparent that he is not currently
indigent and, as such, is not entitled to appointed counsel.
III.
In this same written communication, Mr. Sorenson stated that he was filing
an appearance on Mr. McCay's behalf.
WHEREFORE PREMISES CONSIDERED, the undersigned attorney prays
to be allowed to withdraw as appointed counsel.
Respectfully submitted,
/s/ Katherine A. Drew
Lynn Pride Richardson Katherine A. Drew
Chief Public Defender Assistant Public Defender
Dallas County, Texas State bar No. 06117800
Frank Crowley Courts Building
133 N. Riverfront Blvd., LB-2
Dallas, Texas 75207-4399
(214) 875-2360 (phone)
(214) 875-2363 (fax)
Kathi.Drew @dallascounty. org
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served on the
following persons:
Mr. Timothy W. Sorenson
5000 Whitestone Lane, Suite 1115
Piano, Texas 75024
twsorenson @ yahoo.com
Ms. Patricia Noble
Dallas County Criminal District Attorney's Office Appellate Section1
133 N. Riverfront Blvd., B-19, 10th Floor
Dallas, Texas, 75207
Patricia.Noble@dallascountv.org
Ms. Lisa McMinn
The State's Prosecuting Attorney
P. O. Box 13046
Austin, Texas 78711-3046
information @spa.texas. gov
by electronic transmission on April 5, 2016, and on
Mr. Mark McCay
2611 Madera Ave.
Dallas, Texas 75206
by first class mail, postage prepaid, on April 5, 2016
/s/ Katherine A. Drew
Katherine A. Drew
McCay, Mark
Combined Opinion