William James Akin v. State

ACCEPTED 06-14-00178-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/18/2015 11:42:02 AM DEBBIE AUTREY CLERK NO. 06-14-00178-CR, 06-14-00179-CR, 06-14-00180-CR, 06-00181-CR FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS TO THE COURT OF APPEALS 3/18/2015 11:42:02 AM SIXTH DISTRICT OF TEXAS AT TEXARKANA DEBBIE AUTREY Clerk WILLIAM JAMES AKIN, Appellant V. THE STATE OF TEXAS, Appellee ***** APPELLATE COUNSEL’S MOTION TO WITHDRAW ***** DONALD K. HOOVER Counsel for Appellant Bar I.D. No. 24053019 414 W. Sam Rayburn Bonham, Texas 75418 903/820-8464 (Telephone) 972/767-4355 (Facsimile) NO. 06-14-00178-CR, 06-14-00179-CR, 06-14-00180-CR, 06-00181-CR NO. 06-14-00178-CR, 06-14-00179-CR, 06-14-00180-CR, 06-00181-CR TO THE COURT OF APPEALS SIXTH APPELLATE DISTRICT OF TEXAS AT TEXARKANA WILLIAM JAMES AKIN, Appellant V. THE STATE OF TEXAS Appellee ***** APPELLATE COUNSEL’S MOTION TO WITHDRAW ***** TO THE HONORABLE COURT OF APPEALS, SIXTH DISTRICT OF TEXAS AT TEXARKANA: Comes now, Donald K. Hoover, counsel for the Appellant, move this Court for an Order allowing counsel to withdraw as appellate counsel of record for William James Akin. In support of this motion, Counsel would show the Court that he has accepted a position as a prosecutor with the Fannin County District. Counsel will start that position on March 30, 2015. This will create a conflict of interest since Counsel will represent the State of Texas. Moreover, as a prosecutor, Counsel is prohibited from private practice. It is for these reason Counsel must seek withdrawal from this case. Counsel has filed a Motion to Withdraw from the corresponding trial court case with the District Court, and he has asked the trial court to appoint new counsel. The Motion and requests are still pending. Neither the reporter’s record, nor the clerk’s record, have been received by counsel at this time. At this time, no deadline has been set for submission of the Appellant’s brief. Appellant counsel requests that this Motion be granted. This request is not for the purpose of delay, but so that justice may be done. WHEREFORE, the Appellant prays that the Court grant this Motion and allow him to withdraw as appellate counsel of record for Mr. Davis-Sanders. Respectfully submitted, /s/ Donald Hoover Donald Hoover Counsel for Appellant Bar I.D. No. 24053019 414 W. Sam Rayburn Bonham, Texas 75418 (903) 820-8464 (Telephone) (972) 767-4355 (Facsimile) CERTIFICATE OF SERVICE A copy of the foregoing Appellant Counsel’s Motion to Withdraw has been mailed via first-class mail, or hand-delivered, on March 18, 2015, to: Via Hand Delivery Fannin County District Attorney’s Office Fannin County Courthouse 101 E. Sam Rayburn Bonham, Texas 75418 Via first-class mail Mr. William James Akin #01955082 Dalhart Unit- TDCJ 19950 FM 998 Dalhart, Texas 79022 /s/ Donald Hoover Donald Hoover