AP-77,033
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/24/2015 9:35:07 AM
April 24, 2015 Accepted 4/24/2015 9:46:53 AM
CASE NO. AP-77,033 ABEL ACOSTA
CLERK
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 of his 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 of the 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 in 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 308th
District Court of Harris County, Texas in 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 April 27, 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,
/s/ KURT B. WENTZ
KURT B. WENTZ
5629 Cypress Creek Parkway,
Suite 115
Houston, Texas 77069
Phone: 281/587-0088
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 of the 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 of February, 2015.
/s/ KURT B. WENTZ
KURT B. WENTZ