ACCEPTED
03-15-00040-CR
4760382
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/3/2015 2:57:33 PM
JEFFREY D. KYLE
CLERK
No. 03-15-0040-CR, 03-15-0041-CR & 03-15-0042-CR
KODY BROXTON ) IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
V. ) AUSTIN,SUPREME
FOR THE THIRD TEXAS
4/8/2015 2:08:00 PM
STATE OF TEXAS ) JUDICIAL DISTRICT
JEFFREYOF TEXAS
D. KYLE
Clerk
MOTION FOR LEAVE TO WITHDRAW AS COUNSEL ON APPEAL
UNDER ANDERS v. CALIFORNIA
TO THE HONORABLE JUSTICES OF SAID COURT:
COMES NOW, Ken Mahaffey, attorney of record for, Kody Broxton, the Appellant, in the
above-entitled and numbered cause and files this motion to withdraw because the record reveals no
meritorious issue to argue for reversal. In support thereof counsel would show the following:
1. Appellate Counsel Must Withdraw If Record Does Not Show Reversible Error. When
the trial record does not support any legal argument that could persuade a reviewing court to reverse,
appellate counsel must inform the appellate court and the appellant. Anders v. California, 386 U.S.
738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) (advancing frivolous arguments on appeal prohibited).
Counsel is under an ethical obligation to withdraw because it is improper to make arguments for
reversal that are not grounded in the record and supported by the law. Id.; Nguyen v. State, 11 S.W.3d
376, 378 (Tex. App. -- Houston [14th Dist.] 2000, no pet.); R. 3.01, Tex. Disciplinary R. Prof.
Conduct. (1989) (counsel has duty to disclose contrary authority to the court).
2. Counsel Appointed. On Dec. 03, 2014, the undersigned counsel, movant, was appointed
by the 264th District Court of Bell County to represent Appellant on appeal.
3. Counsel Has Reviewed the Record and Law. The movant has thoroughly reviewed the
clerk’s and reporter’s records in this cause and the law in relation to possible meritorious arguments
for reversal.
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4. No Reversible Error Found. Counsel has determined there are no issues that could
persuade an appellate court to reverse the judgment of conviction from the current record. Any other
grounds not reflected in the record would require supplementation of the record by new hearings to
document those claims. See Aldrich v. State, 104 S.W.3d 890, 896 (Tex. Cr. App. 2003)(where a
matter is not shown in the record from direct appeal, proper procedure to secure documentation is
habeas corpus).
5. Appointed Counsel Must File Brief Before Withdrawal. When counsel is appointed,
the lawyer must file a brief with the appellate court detailing the record and discussing any
cognizable legal issues. The brief must also provide authority to show why each issue would not
result in reversal and would be considered frivolous by the reviewing court. Nguyen v. State, 11
S.W.3d 376, 378 (Tex. App. -- Houston [14th Dist.] 2000, no pet.).
6. Anders Brief Filed This Date. Counsel, as movant, has prepared and filed a "Anders" brief
with this Court on this date, discussing the record and detailing why each identifiable issue would not
support a bone fide argument that could persuade an appellate court to reverse.
7. Counsel Has Informed Appellant of the Right to Continue the Appeal. Along with the
Anders brief, Counsel is required to notify Appellant of his right to continue the appeal by filing a pro-
se brief and to provide information on how to obtain the appellate record. Nguyen, supra, at 379. A
copy of this Motion to Withdraw and the Anders brief in support of the motion have been served on
Appellant by certified mail.
8. Proof of Service. A copy of a letter sent by certified mail explaining Appellant’s right
continue the appeal, detailing the procedural steps for filing a pro se brief, and instructions on how
to obtain the appellate record is attached to this motion as Exhibit “A”.
9. Appellant’s Mailing Address. Appellant’s mailing address is as follows: Kody Broxton,
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TDCJ No. 01972710, Bartlett State Jail Unit, 1018 Arnold Drive, Bartlett TX 76511.
PRAYER FOR RELIEF
WHEREFORE, PREMISES, CONSIDERED, the undersigned counsel respectfully request
that he be permitted to withdraw from representation in this appeal and that the Court independently
review the record to determine if indeed there is no arguable point on appeal and if an issue is found
appoint new counsel for Appellant.
Respectfully Submitted,
Ken Mahaffey
Counsel for Appellant
P.O. Box 684585
Austin, Texas 78768
Phone & Fax (512) 444-6557
St. Bar. No. 12830050
Ken Mahaffey@yahoo.com
CERTIFICATE OF SERVICE
The above signature certifies that on April 3, 2015, this document was sent to the Bell
County D.A.’s Office, P.O. Box 540, Belton, Texas 76513 and, by certified mail, to Kody
Broxton, TDCJ No. 01972710, Bartlett State Jail, 1018 Arnold Drive, Bartlett TX 76511.
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