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for representation being withdrawn from counsel's bank account.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