ACCEPTED
03-15-00489-CR
7013994
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/21/2015 12:49:03 PM
JEFFREY D. KYLE
CLERK
C ASE N UMBER 03-15-00489-CR
FILED IN
3rd COURT OF APPEALS
J ACK H AMILTON C ARR C OURT OF A PPEAL
AUSTIN, TEXAS
S
9/21/2015 12:49:03 PM
Appellant
JEFFREY D. KYLE
VS . T HIRD D ISTRICT OFClerk
T EXAS
T HE S TATE OF T EXAS AUSTIN , T EXAS
On appeal from the County Court at Law Number One
Hays County, Texas
Cause Number 100080
M OTION FOR L EAVE TO W ITHDRAW
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
em ellic@sahuallalaw.com
I DENTITY OF PARTIES & C OUNSEL
A p p e l l a t e Pa r t i e s
MR. JACK HAMILTON CARR T HE S TATE OF T EXAS
Appellant
Appellate Counsel
M R . E LLIC S AHUALLA T HE H ONORABLE W ES M AU
Counsel for Appellant Counsel for the State
State Bar Number 24057365 State Bar Number 00784539
600 W. 13th St. Austin, Texas 78701 712 S. Stagecoach Trail, Ste. 2057
ph (512) 921-8247 fax (512) 451-5882 San Marcos, Texas 78666
em ellic@sahuallalaw.com ph (512) 393-7600 fax (512) 393-7619
em wes.mau@co.hays.tx.us
M OTION FOR L EAVE TO W ITHDRAW
T O THE H ONORABLE C OURT:
Ellic Sahualla (“Counsel”), counsel for the appellant (“Carr”), is moving
for leave to withdraw and would show the following:
Re l e va n t B a ck g r o u n d & G r o u n d s f o r W i t h d r awa l
The relevant background and grounds for withdrawal are described in detail in
the attached motion to withdraw filed with and signed by the trial court. In short,
however, Carr is in a dispute with the trial court over what documentation he
should be required to provide to prove he is indigent.
Carr has informed Counsel and the trial court (via affidavit) that he is indigent
and cannot afford an attorney or the appellate record. The trial court has
indicated it will not pay Counsel for appellate work or provide the record free of
charge without an IRS transcript covering the last several years from Carr, who
has refused to provide one because he believes he is being singled out to dissuade
him from pursing this appeal. Given this impasse, continued representation on
appeal would result in an unreasonable financial burden on Counsel.
Re q u i r e d C o n t e n t s
The following content is required by T EX . R. A PP. PROC. 6.5 (a):
(1) The current deadlines in this case are for the reporter’s and clerk’s records,
which are due on September 28, 2015; should they be filed on that date,
Counsel would expect Carr’s brief to be due on October 28, 2015. There are
currently no settings in this case.
Withdrawal, 03-15-00489-CR
Page 1 of 3
(2) The party who Counsel wishes to withdraw from representing is Jack
Hamilton Carr, whose last known address is 166 Plum Creek Lane in
Dripping Springs, Texas 78620, and whose last known telephone number is
(512) 214-0936.
(3) A copy of this motion was delivered to Carr by mailing it—both by certified
and first-class mail—to him at his last known address.
(4) Carr was notified in writing of the right to object to this motion.
Ve r i f i c a t i o n
This motion does not need to be verified because the facts it depends on are
within the personal knowledge of Counsel, whose signature appears below.
P r ay e r
Counsel moves this court to grant this motion and allow Counsel to withdraw.
R ESPECTFULLY,
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
em ellic@sahuallalaw.com
Withdrawal, 03-15-00489-CR
Page 2 of 3
C ERTIFICATE OF S ERVICE
I certify that on September 21, 2015, a true and correct copy of this
document was served on the Honorable Wes Mau (whose address is 712 S.
Stagecoach Trail, Ste. 2057, San Marcos, Texas 78666) through the electronic
filing manager.
M R . E LLIC S AHUALLA
Counsel for Appellant
State Bar Number 24057365
600 W. 13th St. Austin, Texas 78701
ph (512) 921-8247 fax (512) 451-5882
em ellic@sahuallalaw.com
Withdrawal, 03-15-00489-CR
Page 3 of 3
CAUSE NO. 100080
THE S TAT E O F TEXAS COUNTY COURT
vs. AT LAW
J AC K HAMILTO N C ARR HAYS COUNTY, TEXAS
MOTION TO WITHDRAW
TO THE HONORABLE JUDGE OF THIS COURT:
Ellie Sahualla, trial counsel ("Counsel") for the defendant ("Carr"), wishes to withdraw from
the representation of Carr and would show the following:
I. GROUNDS FOR WITHDRAWAL
Counsel was appointed to represent Carr, who pursued a jury trial in this case. Carr was
convicted on July 8, 2015, and sentence was imposed in open court on July 30, 2015. At sentencing,
Counsel assisted Carr in informing the court that be wished to pursue an appeal and requesting
appointed counsel. The court instructed Carr to fill out a new application for an appointed attorney so
it could determine whether be was still indigent
When Carr did, be was asked to provide an Internal Revenue Service transcript showing the
last several years of his income for verification purposes. Carr refused, believing other applicants were
not asked for such verification and that he was being singled out to dissuade him from pursuing an
appeal. In light of the situation, Counsel timely filed a notice of appeal on August 4, 2015 and docketed
the case with the Third Court of Appeals sbordy thereafter to protect Carr's interests.
No court appointed attorney--Counsel or otherwise--bas been provided for Carr as of this
filing. Counsel is qualified and willing to accept appointment to pursue an appeal in this matter.
However, even if Counsel were to accept the case pro bono, Counsel is (naturally) unwilling to pay for
the record out of pocket, so further representation would result in an unreasonable financial burden
on CounseL
II. LEGAL STANDARDS
Generally, a lawyer may withdraw if "the representation will result in an unreasonable financial
burden on the lawyer." TEX. DISCIPLINARY R. PROF'L CONDUCT 1.15 (b)(6). A lawyer may also
withdraw for any other good cause shown. Id. (b)(7). After withdrawal, the lawyer "shall take steps to
the extent reasonably practicable to protect a client's interests." Id. (d).
An attorney appointed to represent a client in a criminal case must "represent the defendant
until ... appeals are exhausted, or the attorney is permitted or ordered by the court to withdraw as
counsel ... after a finding of good cause is entered on the record" TEX. CODE CRIM. PROC. ANN.
art 26.04 0)(2) (West 2006). If a defendant is not otherwise represented on appeal and wishes to pursue
one, appointed trial counsel must "assist the defendant in requesting the prompt appointment of
Motion to Withdraw
Page 1 of 2
replacement counsel" before withdrawing, and if appellate counsel is "not appointed promptly (trial
counsel must] file a timely notice of appeal." Id. (j)(3).
III . PRAYER
Counsel moves this court to grant this motion and allow Counsel to withdraw from the
representation of Carr.
R ESPECTFULLY,
H'iuc s:&uALLA
Counsel for the Defendant
State Bar Number 24057365
600 W. 13th St. Austin, T exas 78701
ph (512) 921-8247 fax (512) 451-5882
em ellic@sahuallalaw.com
APPROVED AS TO FORM:
HAMILTON CARR
fendant
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this document was served on the Hays County
Criminal District Attorney's Office in person on September 17,2015.
Counsel for the Defendant
Motion to Withdraw
Page 2 of 2
CAUSE No. 100080
THE STATE OF TEXAS COUNTY COURT
vs. AT LAW
JACK HAMILTON CARR HAYS COUNTY, TEXAS
ORDER ON MOTION TO WITHDRAW
After considering the motion to withdraw filed in this case, this court is of the opinion that it
should be:
';Ill- GRANTED, and it is ordered that Ellie Sahualla has withdrawn from the representation of
the defendant and is no longer the defendant's attorney of record in this case.
0 DENIED, to which the defendant and defense counsel object.
Signedon4+ '2015.