Marquise Lawrence Robinson v. State

ACCEPTED 14-15-00047-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/29/2015 1:28:05 PM CHRISTOPHER PRINE CLERK NO. 14-15-00047-CR MARQUISE LAWRENCE § IN THE COURT OFFILED APPEALS IN 14th COURT OF APPEALS ROBINSON HOUSTON, TEXAS § 4/29/2015 1:28:05 PM VS. FOURTEENTH DISTRICTA. PRINE CHRISTOPHER § Clerk STATE OF TEXAS OF TEXAS AT HOUSTON MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE COURT OF APPEALS: Comes now, J. Celeste Blackburn, counsel in the above-styled appeal and requests permission to withdraw as counsel. I. J. Celeste Blackburn was appointed to represent Appellant by the 228th Judicial District Court of Harris County, Texas. 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 Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969) in which counsel relates that she has diligently searched the record and has failed to find any meritorious points on appeal. III. Counsel has provided Appellant, by United States Mail, a copy of the brief filed in this case, along with a letter outlining Appellant’s rights under Anders. Additionally, Counsel has provided Appellant a true, correct, and complete copy of the record on appeal pursuant to Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). IV. Counsel will provide Appellant a copy of this Motion to Withdraw contemporaneously with filing of said motion. V. For the above reasons, counsel respectfully requests that this Court grant this motion pursuant to Meza v. State, 206 S.W.3d 684, 689 (Tex. Crim. App. 2006)(holding that courts of appeals have jurisdiction and authority to grant a motion to withdraw that accompanies an Anders brief whenever they find that appellate counsel has exercised professional diligence in assaying the record for error and the court agrees the appeal is frivolous). 2 Respectfully Submitted, CELESTE BLACKBURN Attorney at Law 333 N. Rivershire Drive; Suite 285 Conroe, Texas 77304 Texas State Bar Number: 24038803 Telephone: 936.703.5000 celesteblackburn@gmail.com 3 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing instrument has been mailed via U.S. mail to Appellee’s attorney at the following address on April 30, 2015: Alan Curry Assistant District Attorney Harris County District Attorney’s Office 1201 Franklin, 6th Floor Houston, Texas 77002 I also certify that a copy of the foregoing instrument has been mailed via U.S. Mail to Appellant at the following address on April 30, 2015: Marquise Lawrence Robinson #01973693 Alfred Hughes Unit Route 2 Box 4400 Gatesville, Texas 76597 CELESTE BLACKBURN Attorney at Law 333 N. Rivershire Dr., Suite 285 Conroe, Texas 77304 Texas State Bar #: 24038803 Telephone: 936.703.5000 celesteblackburn@gmail.com 4