ACCEPTED
04-14-00338-CR
Law Office of David A. Schulman
Post Office Box 783 FOURTH COURT OF APPEALS
Austin, Texas 78767 SAN ANTONIO, TEXAS
Tel. 512-474-4747
Fax: 512-532-6282
No. 04-14-00338-CR 1/20/2015 2:34:08 PM
KEITH HOTTLE
CLERK
IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL
DISTRICT OF TEXAS, AT SAN ANTONIO
Benny Cavazos Valverde, Appellant FILED IN
4th COURT OF APPEALS
v. SAN ANTONIO, TEXAS
1/20/2015 2:34:08 PM
The State of Texas, Appellee KEITHClerk
E. HOTTLE
On Appeal in Case No. 2012CR3980, from the 290th District
Court of Bexar County, the Hon. Melissa Skinner, Judge Presiding
Motion to Withdraw “Anders”Brief and
For Extension of Time in Which to File
Substantive Brief on the Merits.
TO THE HONORABLE FOURTH COURT OF APPEALS:
COMES NOW, Benny Cavazos Valverde, Appellant in the
above styled and numbered cause (“Appellant”), by and through
his retained counsel, David A. Schulman, and respectfully moves
the Court to permit him to withdraw the brief and motion to
withdraw submitted by his court appointed counsel, Dean A.
Diachin, pursuant to Anders v. California, 386 U.S. 738 (1967),
High v. State, 573 S.W.2d 807 (Tex.Cr.App. 1978), and In re
Schulman, 252 S.W.3d 403 (Tex.Cr.App. 2008), and allow him to
submit a substantive brief on the merits. In support of such
motion, Appellant would respectfully show the Court as follows:
I
Appellant’s court-appointed counsel filed what is commonly
referred to as an “Anders” brief on November 10, 2014. By its
Order dated November 17, 2014, the Court subsequently informed
Appellant that his pro se brief is due on or before January 20,
2015. The undersigned would show the Court that he has been
retained in order to protect Appellant’s rights.
The undersigned respectfully requests that the Court permit
Appellant to withdraw the Anders brief heretofore filed by court-
appointed counsel and reset the briefing schedule. In that regard,
the undersigned would show the Court that he has yet to acquire
the Clerk’s Record and Reporter’s Record, but will endeavor to
obtain those promptly.
Nevertheless, the undersigned is informed that the record is
voluminous. Accordingly, he requests a sixty (60) day extension
of time in which to submit Appellant’s brief on the merits.
Prayer
WHEREFORE PREMISES CONSIDERED, Appellant prays this
Honorable Court to grant his/her “Motion to Withdraw ‘Anders’
Brief and For Extension of Time in Which to File Substantive Brief
on the Merits,” grant him permission to withdraw the Anders brief
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heretofore filed by court-appointed counsel, reset the briefing
schedule, and Order that the deadline for filing a substantive brief
on the merits such be extended an additional sixty (60) days, until
March 23, 2015, until such time as set by this Court.
Certificate of Conference
This to certify that, on January 20, 2015, the undersigned
attempted to confer with Lauren Scott, appellate counsel in the
Bexar County District Attorney’s office. Neither Ms. Scott nor her
office oppose the requested extension.
Respectfully submitted,
____________________________________
David A. Schulman
Attorney at Law
Post Office Box 783
Austin, Texas 78767-0783
Tel. 512-474-4747
Fax: 512-532-6282
zdrdavida@davidschulman.com
State Bar Card No. 17833400
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Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X7 software, contains 457 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
January 20, 2015, a true and correct copy of the above and
foregoing “Motion to Withdraw ‘Anders’ Brief and For Extension
of Time in Which to File Substantive Brief on the Merits,” was
transmitted via the eService function on the State’s eFiling portal,
to Dean A. Diachin (diachin1@aol.com), counsel of record for
Appellant; and to Jay Brandon (jbrandon@bexar.org) and Lauren
Scott (lscott@bexar.org), counsel of record for the State of Texas.
______________________________________
David A. Schulman
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