ACCEPTED
03-14-00398-CR
4061641
THIRD COURT OF APPEALS
February 11, 2015 AUSTIN, TEXAS
2/6/2015 4:33:45 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00398-CR
BENNY RIVERA RODGERS § IN THE RECEIVED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
§
2/6/2015 4:33:45 PM
v. § THIRD COURTJEFFREY
OF D. KYLE
APPEALS Clerk
§
STATE OF TEXAS § CONCHO COUNTY, TEXAS
MOTION TO WITHDRAW AS COURT APPOINTED COUNSEL FOR
APPELLANT BENNY RIVERA RODGERS
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS,
Now Comes Attorney Amy Hennington in the above styled and numbered cause,
and moves this Court to grant his Motion To Withdraw As Court Appointed Counsel
For Appellant BENNY RIVERA RODGERS, and for good cause shows the following:
I.
This case is currently on appeal before this Court from the 119th Judicial
District Court of Concho County, Texas. The trial court case from which Appellant
BENNY RIVERA RODGERS appeals is styled: State of Texas v Benny Rivera
Rodgers; Cause Number DSM-13-01853. A jury trial was conducted in the District
Court on April 28, 2014 and April 29, 2014. On April 29, 2014, the jury convicted
Benny Rivera Rodgers and Benny Rivera Rodgers was sentenced to two years in state
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jail and a fine of $5000.00.
II.
The United States Supreme Court does not obligate counsel representing a client
on appeal to argue in support of grounds for reversal of the lower court’s judgment
when after a “conscientious examination” of the case, appellate counsel determines
appeal to be “wholly frivolous.” Anders v. State of California, 386 U.S. 738, 744
(1967). In such situations, the United States Supreme Court has outlined appropriate
procedural steps to be taken by appellate counsel: 1) counsel is required to submit a
brief examining the record for any point arguably in support of proper grounds for
reversal on appeal; 2) counsel must furnish this brief to an indigent client enabling the
client the right to file a pro-se brief based on points of appeal this individual maintains
present proper grounds for appeal; and 3) counsel may request the appellate court grant
counsel’s request to withdraw from the obligation of providing further legal
representation to the client on appeal. Id.
III.
Counsel for BENNY RIVERA RODGERS has prepared and filed an “Anders
Brief” on behalf of Appellant. After a conscientious examination of the case,
including a diligent review of the Record and applicable authorities, Counsel finds
an absence of meritorious grounds for appeal and further submits the basis of any
appeal in this case would be frivolous in nature. Therefore, Amy Hennington,
Counsel for Appellant, respectfully requests this Court acknowledge and approve
her request to withdraw from her court-appointed duty of providing further legal
representation to Appellant BENNY RIVERA RODGERS on original appeal.
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Appellant’s last known address is Bartlett State Jail, 1018 Arnold Drive, Bartlett,
TX 76511.
WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant prays
that this Court grant this Motion To Withdraw As Court Appointed Counsel For
Appellant BENNY RIVERA RODGERS.
Respectfully submitted
/S/ Amy Hennington ________
Amy Hennington
Attorney for Appellant
125 South Washington Street
San Angelo, Texas 76901
Tel: (325) 659-8929
Fax: (325) 482-8064
State Bar No. 00790866
amy@henningtonlaw.com
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing Motion was
served on Assistant District Attorney Bryan Clayton, 119th Assistant District
Attorney, Concho County, Texas, 124 W. Beauregard Ave., San Angelo, Texas
76903 on February 5, 2015
/S/ Amy Hennington .
Amy Hennington, Counsel for
Appellant
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