ACCEPTED
04-14-00916-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
4/13/2015 1:29:07 PM
KEITH HOTTLE
CLERK
NO. 04-14-00916-CR
FILED IN
4th COURT OF APPEALS
IN THE SAN ANTONIO, TEXAS
FOURTH COURT OF APPEALS 4/13/2015 1:29:07 PM
OF TEXAS KEITH E. HOTTLE
AT SAN ANTONIO, TEXAS Clerk
EBERTO A. MENDEZ,
Appellant
VS.
THE STATE OF TEXAS,
Appellee
MOTION TO WITHDRAW AS COUNSEL
TO THE HONORABLE COURT OF APPEALS:
Comes now, and RICHARD B. DULANY, JR., Assistant Public Defender,
counsel for Appellant in the above-styled appeal, and respectfully requests
permission to withdraw as counsel.
I.
The Bexar County Public Defender’s office was appointed on December 29,
2014 to represent Appellant in this appeal from the revocation of probation and
adjudication of guilt in this case, obtained upon Appellant’s plea of true to the trial
court.
II.
Undersigned counsel has conducted a diligent review of the record and
pertinent case law, and counsel finds the appeal to be wholly frivolous. Counsel
has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and High v.
State, 573 S.W.2d 807 (Tex.Crim.App. 1978), in which counsel relates that he has
diligently searched the record and has failed to find any meritorious issues for
review on appeal.
III.
Counsel has provided Appellant, by Certified Mail, a copy of the brief filed
in this case, along with a letter outlining Appellant’s rights under Anders, including
the right to review the appellate record and file a pro se brief.
IV.
Counsel has provided Appellant with a motion for pro se access to the
appellate record to sign, date, and return to this Court for filing. See Kelly v. State,
436 S.W.3d 313, 318-19 (Tex. Crim. App. 2014).
V.
Counsel has provided Appellant a copy of this Motion to Withdraw
contemporaneously with filing of said brief.
VI.
For the above reasons, counsel respectfully requests permission to withdraw
from further representation of Appellant.
Respectfully submitted,
/s/ Richard B. Dulany, Jr.
____________________________________
RICHARD B. DULANY, JR.
Assistant Public Defender
Bexar County Public Defender’s Office
101 W. Nueva St., Suite 310
San Antonio, Texas 78205
richard.dulany@bexar.org
(210) 335-0701
FAX (210) 335-0707
Texas Bar No. 06196400
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE AND COMPLIANCE
I HEREBY CERTIFY that a true and correct copy of the above and
foregoing Motion To Withdraw as Counsel has been delivered electronically to the
Bexar County District Attorney’s Office, Appellate Division, Paul Elizondo
Tower, 300 Dolorosa St., Suite 710, San Antonio, Texas 78205, on April 13, 2015.
I further certify that a true and correct copy of the foregoing motion was
served upon Eberto A. Mendez, TDCJ# 01965661, Dominguez State Jail, 6535
Cagnon Road, San Antonio, Texas 78252-2202, by certified mail, return receipt
requested, Article No. 7012 1640 0002 4217 9888, on April 13, 2015.
This document contains 442 words.
/s/ Richard B. Dulany, Jr.
____________________________________
RICHARD B. DULANY, JR.