Gerardo Venegas v. State

Fourth Court of Appeals San Antonio, Texas August 20, 2018

No. 04-16-00541-CR

Gerardo VENEGAS, Appellant

v.

The STATE of Texas, Appellee

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2014-CRH-001475-D3 Honorable Rebecca Ramirez Palomo, Judge Presiding

ORDER

This court’s opinion and judgment issued on April 25, 2018; Appellant’s motion for rehearing and motion for en banc reconsideration were denied on July 9, 2018. On August 15, 2018, Appellant’s counsel Stephen N. Foster filed a motion to withdraw as Appellant’s attorney. The motion does not comply with the Texas Rules of Appellate Procedure. Specifically, the motion does not contain the following mandatory items: • Appellant’s last known address and telephone number, • a statement that a copy of the motion was delivered to Appellant by certified mail and by first-class mail, or • a statement that Appellant was notified in writing of the right to object to the motion to withdraw. See TEX. R. APP. P. 6.5(a), (b); Rivera v. State, 130 S.W.3d 454, 458 (Tex. App.—Corpus Christi 2004, no pet.); Knotts v. State, 31 S.W.3d 821, 822 (Tex. App.—Houston [1st Dist.] 2000, no pet.) Counsel’s motion to withdraw is DENIED without prejudice to filing a motion that complies with the Rules.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of August, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court