ACCEPTED
01-15-00107-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/18/2015 1:02:52 PM
CHRISTOPHER PRINE
CLERK
NO. 1-15-00107-CR
_______________________________________________
FILED IN
In the Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the First 3/18/2015 1:02:52 PM
CHRISTOPHER A. PRINE
Judicial District of Texas Clerk
Houston, Texas
_______________________________________________
THOMAS AVEN COLE, APPELLANT
versus
THE STATE OF TEXAS, APPELLEE
_______________________________________________
ON APPEAL FROM THE CRIMINAL COUNTY COURT AT LAW #10
HARRIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 2005582
________________________________________________
APPELLANT’S MOTION TO SUBSTITUTE AS ATTORNEY OF RECORD
________________________________________________
TO THE HONORABLE JUSTICES OF SAID COURT:
Appellant, THOMAS AVEN COLE, requests the Court to permit the
undersigned attorney to substitute as attorney of record for this cause.
Jon Phillip Thomas, Texas Bar # 24037593, an attorney whose license has
since been probated, previously represented appellant in this appeal. Undersigned
attorney has substituted in as counsel for the appellant in the trial court, as
memorialized by the attached motion to substitute filed and granted by Judge Dan
1
Spjut presiding over the Criminal Court at Law #10. Appellant requests that the
undersigned counsel be permitted to substitute as attorney of record in this appeal.
Previous counsel, Mr. Thomas, did not request the record, as the Court
knows (see Scheduling Order dated March 3, 2015); and, the appellant’s brief was
due on March 13, 2015 but never filed. Undersigned attorney has tried to contact
Mr. Thomas without success. Undersigned attorney has met with the appellant,
who stated that he requests that this appeal be dismissed. If the Court were to grant
this motion, the appellant will file a motion to dismiss this appeal.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court allow undersigned counsel to substitute in as attorney of record.
_/s/_Wendell A. Odom, Jr.
WENDELL A. ODOM, JR.
Texas Bar # 15208500
440 Louisiana, Suite 200
Houston, TX 77002
(713) 223-5575
(713) 224-2815 (FAX)
__/s/ Thomas Aven Cole
THOMAS AVEN COLE
Appellant
2
CERTIFICATE OF SERVICE
I hereby certify that on March 18, 2015, a copy of the foregoing motion
was hand delivered to the Assistant District Attorney for Harris County, Texas.
_/s/_Wendell A. Odom, Jr.
WENDELL A. ODOM, JR.
3
NO. 1-15-00107-CR
_______________________________________________
In the Court of Appeals
For the First
Judicial District of Texas
Houston, Texas
_______________________________________________
THOMAS AVEN COLE, APPELLANT
versus
THE STATE OF TEXAS, APPELLEE
_______________________________________________
ON APPEAL FROM THE CRIMINAL COUNTY COURT AT LAW #10
HARRIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 2005582
________________________________________________
ORDER ON APPELLANT’S MOTION TO SUBSTITUTE AS ATTORNEY OF RECORD
________________________________________________
The Court, after consideration of the Appellant’s Motion to Substitute As
Attorney of Record for the Appellant, hereby GRANTS / DENIES the
Appellant’s Motion and permits WENDELL A. ODOM, JR. to substitute as
Attorney of Record for the Appellant.
SIGNED AND ENTERED on this, the _____ day of ______________,
2015.
_________________________________
JUDGE PRESIDING
4
EXHIBIT 1
CAUSE NO i1 fA 71r v
THE STATE OF TEXAS IN THE COUNTY CRIMINAL
VS. COURTAT LAW NO. 10
l" HARRIS COUNTY, TEXAS
MOTION TO WITHDRAWAL /SUBSTITUTE ATToRNEY FOR DEFENDANT
TO THE HONORABLE JUDGE OF SAID COURT:
,/' /
r
COMES NOW ( .t- (C Defendant h erein, jeined-by
l'riv#irerne,FeLBe c o r d, o and r ectfu lly moves the
Court to permit the withdrawal of said D ,t-t
as Attorney
of Record, and to permit the substitution of
as Attorney of Record.
&.ga,H
De fenda nt
"gi[li.Pa?J";
MAR II 20i5
l')o
^dcz
ttorney
o t.,o
l4llthdr.*\ng
J me;
Har rls Co
D
To
Attorney Su bstituting
{ 9u-o c
Bar Ca rd Number
ORDER
IT HEREBY ORDERED THAT is hereby
permitted to withdraw as Attorney of Record for Defendant, and it is further ORDERED that
is hereby substituted as Attorney of Record for Defendant
SIGNED AND ENTERED this day of 20
Dan Spjut, JUD
Co u nty Criminal ou at Law No. 10
Ex Parte Thomas Aven Cole
Combined Opinion