ACCEPTED 06-14-00216-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/24/2015 2:59:28 PM DEBBIE AUTREY CLERK
NO. 06-14-00216-CR TRIAL NO. 43975-B
PHYLLIS GWEN PRUITT § FILED IN IN THE COURT OF APPEALS 6th COURT OF APPEALS TEXARKANA, TEXAS VS. § 6TH APPELLATE DISTRICT 2/24/2015 2:59:28 PM DEBBIE AUTREY STATE OF TEXAS § STATE OF TEXAS Clerk
APPELLANT'S COUNSEL'S MOTION TO WITHDRAW
Appellant's counsel, pursuant to Anders v. California, 386 U.S. 738 (1967), asks this Court to permit him to withdraw from representation of Phyllis Gwen Pruitt in the above referenced matter. This motion is based on the following grounds: A. Introduction I. Appellant pled open to the third degree felony charge of Possession of a Controlled Substance and was sentenced by Judge Alfonso Charles ofthe 124th District Court to 7 years incarceration in the Texas Department of Criminal Justice, with the sentence ofrun concurrently with 44139-B. 2. Attorney Kyle Dansby continued his representation of Appellant through the writing of this Anders brief. Attorney filed the requisite Notice of Appeal. 3. In this appeal, appellate counsel is unable to advance any error wanting a reversal of the sentence or any other form of relief for Appellant. Therefore, pursuant to Anders v. California, he files this Appellant's Counsel's Motion to Withdraw in support of motion to withdraw asking this Court to allow him to withdraw from his representation of Appellant in this matter. B. Grounds 4. Counsel has thoroughly read and reviewed the entire appellate record in search of any argnable grOlmds of error to raise which would support either a reversal of the sentence of some other form of relief. After performing due diligence and researching the potential grounds for appeal, appellate counsel is unable to find any error that he, in good faith, can put forth which warrants a reversal of the sentence of any other form of relief. Appellate counsel is aware that he has a duty to present all arguable grounds of error that would afford Appellant a reversal of her sentence of any other form of relief.
C. Notice of Appellant of Motion 5. A copy of the Anders brief in support of motion to withdraw and corresponding Motion to Withdraw have been forwarded to Appellant. See Exhibit A. Appellant has also been advised that he has thirty days to file a pro se response or a motion requesting an extension of time in which to file a response pursuant to Wilson v. State, 955 S.W.2d 693 (Tex. App. - Waco, 1997, order), disp on merits, 3 S.W.3d 223 (Tex. App. - Waco 1999, pet ref d). See Exhibit A. D. Prayer WHEREFORE, PREMISES CONSIDERED, for these reasons, Appellant's counsel requests that this Court grant this motion and enter an order withdrawing below signed counsel from representation of Phyllis Gwen Pruitt in the above referenced matter and for any such relief that he may be entitled. Respectfully Submitted
BY :.-!-=.~----'~>.':::'JL':J~k- KyleD by Attorney at Law P.O. Box 1914 Marshall, TX 75671 (903) 738-6162 (888) 410-1583 (fax) kdansbylaw@gmail.com SBN: 24059180
CERTIFICATE OF SERVICE
I, Kyle Dansby, attorney for Appellant, hereby certify that a true and correct copy of this Motion to Withdraw has been forwarded to the following on the 24tll day of February, 2015: Zan Brown Gregg County District Attorney's Office Via email to zan.brown@co.gregg~ Attorney for State
Alfonso Charles Judge, 124th District Court, Gregg County, TX 101 E. Methvin, Suite 447 Longview, TX 75601
Via email toIerri.Shepherd@co.gregg.tx.us
Phyllis Gwen Pruitt, Appellant Gregg County Jail 101 E. Methvin, Suite 635 Longview, IX 75601
Kyle ansby Attorney for Appellant SBN: 24059180