Graham Jay Sonnenberg v. State

ACCEPTED 03-14-00530-CR 5236031 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 3:51:32 PM JEFFREY D. KYLE CLERK 03-14-00530-CR GRAHAM JAY SONNENBERG FILED IN THE COURT OF IN APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS VS. THIRD 3:51:32 5/11/2015 DISTRICT PM JEFFREY D. KYLE Clerk STATE OF TEXAS SITTING IN AUSTIN, TEXAS MOTION TO WITHDRAW BY APPOINTED COUNSEL and MOTION FOR EXTENSION OF TIME FOR FILING OF PRO SE BRIEF TO THE HONORABLE JUDGES OF THE THIRD COURT OF APPEALS: COMES NOW Don Morehart, court appointed attorney of record on appeal for the appellant herein, and presents this motion to withdraw and Motion for Extension of Time for Filing of a Pro Se Brief, and in support thereof would show the court the following: I. On August 20, 2014, the trial court appointed Don Morehart, an attorney licensed in the State of Texas, to represent the Appellant in this case. Since that date, counsel has conducted a diligent and thorough review of the appellate record, and has determined that there are no meritorious grounds for this appeal. 1 II. Counsel has submitted a brief, setting forth the factual and procedural aspects of the case, and identifying possible grounds for appeal, if any. Counsel has sent to Appellant a copy of the brief, and has explained to Appellant the steps necessary to obtain a copy of the clerk’s record and the reporter’s record from the Clerk of Court, and advised Appellant of his right to present a pro se brief and the time periods applicable. WHEREFORE, PREMISES CONSIDERED, Don Morehart, attorney at law, requests that the court enter an order allowing said attorney to withdraw from representation of the Appellant named herein. Respectfully Submitted, LAW OFFICE OF DON MOREHART 316 West 12th Str., Ste 602 Austin, Texas 78701 Telephone 512/472-4040 Telecopier 512/472-4086 Don@MorehartLaw.com ATTORNEY FOR APPELLANT /s/ Don Morehart DON MOREHART SBN 14423700 2 CERTIFICATE OF SERVICE By my signature above/below, I hereby certify that a true and correct copy of the above and foregoing was served upon the following persons in the manner described on May 11, 2015. State's Attorney Travis County District Attorney P.O. Box 1748 Austin, TX 78767 VIA FAX to 512-854-4206 GRAHAM SONNENBERG Appellant/Defendant TDCJ # 01950692 Daniel Unit 938 South FM 1673 Snyder, TX 79549 VIA Courier Receipted Delivery /s/ Don Morehart Don Morehart Court Appointed Counsel for Appellant 3 ACCEPTED 03-14-00530-CR 5236084 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/11/2015 3:53:34 PM JEFFREY D. KYLE CLERK 03-14-00530-CR GRAHAM JAY SONNENBERG IN THE COURT OF APPEALS VS. THIRD DISTRICT STATE OF TEXAS SITTING IN AUSTIN, TEXAS COURT APPOINTED COUNSEL’S CERTIFICATE OF COMPLIANCE WITH PRE-WITHDRAWAL REQUIREMENTS IN AN ANDERS APPEAL TO THE HONORABLE COURT OF APPEALS: In compliance with the requirements of Anders v. California, 386 U.S. 378 (1967), I, Don Morehart, court-appointed counsel for appellant, Graham Sonnenberg, in the above-referenced appeal, do hereby verify, in writing, to the Court that I have: 1. notified appellant that I filed a motion to withdraw as counsel with an accompanying Anders brief, and provided a copy of each to appellant; and 2. informed appellant of his right to file a pro se response identifying what he believes to be meritorious grounds to be raised in his appeal, should he so desire; 3. advised appellant of his right to review the appellate record, should he wish to do so, so that he may prepare his pro se brief; and 4. explained the process for obtaining the appellate record, provided a Motion for Pro Se Access to the Appellate Record lacking only appellant's signature and 1 the date, and provided the mailing address for this Court; and 5. informed appellant of his right to seek discretionary review pro se should this Court declare his appeal frivolous. Respectfully submitted, /s/ Don Morehart Don Morehart SBN 14423700 Attorney and Counselor at Law 316 West 12th Street, Suite 313 Austin, Texas 78701 T: 512-551-0404 F: 512-551-0405 Don@MorehartLaw.com ATTORNEY FOR APPELLANT 2