Daniel Wayne McLemore v. State

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 W M . BRANDON BAA CERTIFIED MAIL' RECEIPT ^ ^ ^ ^ ^ ^ ^ Attorney a n d Counselor at nnmestic Mail Oi^'V ^ — — 522 N. Broadway ta fU Tyler, Texas 75702 in "T'or delivery info.mat.on. visit our webs.te at ^^..-us,- 903.526.5867 Tyler DI 903.763.3600 Quitman tr ru "0712 13.45 888-965-9551 (fax) n- S 0? brandonbaadelaw@gmail.com in • M u m Receipt ? « i * o p i » !~i7r7in PostmatK m O Return ftecdp«(*etOTite) $_„»U»W Hers November 13,2015 a • • CarKiadMailRMt'WePOellW f&flW" a • AdultSiataUiraRequirad S fOlQS ' CMRRR: 7 - ^ ^ Oi^HO o^pj fix^ s ' r x a e ja 3- • AduH Signature Ress^^0^^i^Ji:z===:====^ $1.64 il/13/2015 AND REGULAR MAIL a m Daniel Wayne McLemore • TDCJ #01965778 Dolph Briscoe Unit ;s"Foin.3800,Ap ,l2015 RS*J!aa?' 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