ACCEPTED
12-14-00314-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
11/13/2015 4:52:05 PM
Pam Estes
CLERK
NO. 12-14-00314-CR; 12-14-003IS-CR?
12-14-00317-CR;
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
11/13/2015 4:52:05 PM
PAM ESTES
IN THE Clerk
TWELFTH COURT OF APPEALS
AT TYLER, TEXAS
DANIEL WAYNE MCLEMORE.
Appellant,
VS.
THE STATE OF TEXAS,
Appellee.
APPEAL FROM THE
4 0 2 ^ DISTRICT COURT OF WOOD COUNTY, TEXAS
MOTION FOR WITHDRAWAL OF COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Movant, WM. BRANDON BAADE, Attomey for Defendant, Daniel Wayne
McLemore, and brings this Motion for Withdrawal of Counsel, and in support thereof, shows the
Court the following:
L
PAGE 1
Good cause exists for withdrawal of Movant as counsel because Movant hasfiledan Anders
Brief in the above referenced cases. Counsel has reviewed the record and has concluded that, in
his professional opinion, the record contains no reversible error or jurisdictional defects.
n.
There are no current settings and or deadlines in this case.
This Motion is not sought for the purposes of delay.
III.
A copy of this motion together with a letter advising Appellant, Daniel Wayne McLemore,
of his right to obtain a copy of the record from counsel to file a pro se brief if she so desires.
Additionally, by this Motion appointed counsel advises the Appellant, Daniel Wayne
McLemore, that he has the right to obtain a copy of the record from counsel at the address
and/or phone number listed below and to file a brief with the Court of Appeals in this case.
Further, a copy of the letter mailed to Daniel Wayne McLemore, is attached as Exhibit "A" to this
motion which informs him of his right to review the record in his case and to file a pro se brief.
Exhibit "A" has been delivered to the last known addresses of Defendant Daniel Wayne McLemore
by Certified Mail Return Receipt Request and by Regular Mail, proper postage affixed to:
Daniel Wayne McLemore
TDCJ #01965778
Dolph Briscoe Unit
1459W. Hwy. 85
Dilley, Texas 78017
WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court enters an order
discharging Movant as court appointed attomey of record for Appellant, Daniel Wayne McLemore,
and for such other and further relief that may be awarded at law or in equity.
PAGE 2
Respectfully submitted.
Wm. Brandon Baade
State Bar No. 00793189
522 N. Broadway
Tyler, TX 75702
903.763.3600
ATTORNEY FOR APPELLANT,
DANIEL WAYNE MCLEMORE
CERTIFICATE OF SERVICE
This is to certify that on November 13, 2015, a true and correct copy of the above and
foregoing document was served on all interested parties and counsel, in accordance with the Texas
Rules of Appellate Procedure.
Wm. Brandon Baade
PAGE 3
U.S. Postal Service
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TDCJ #01965778
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See Reverse for tnslr.i..tl6
1459 W. Hwy. 85
Dilley, Texas 78017
Re: Daniel Wayne McLemore v. State of Texas
Case No. 12-14-00314-CR;
12* Court of Appeals, State of12-14-00315-CR;
Texas 12-14-00317-CR
Dear Mr. McLemore:
Enclosed is a Anders Brief and a Motion to Withdraw as appointed counsel 1 havefiledin
your case.. As stated, I have filed an Anders Brief in your case. An Anders Brief informs the
12* Court of Appeals in Tyler, Texas, that 1 reviewed the record and have concluded that, in my
professional opinion, the record contains no reversible error or jurisdictional defects. As a result
I am required to file a Motion to Withdraw as your appointed counsel.
You have the right to examine the record in your case. You may do this by
contacting me at the numbers or email listed above. You also have the right to file a pro se
brief with the 12* Court of Appeals in Tyler, Texas. If you desire to pursue filing a brief on
your own, then please contact me immediately.
If you have any questions, or would like further explanation regarding this letter, please
let me know.
Thank you for your attention to this matter.
Respectfully,
Wm. Brandon Baade
c: file