Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/18/2015 3:17:57 PM JEFFREY D. KYLE Clerk NO. 03-14-0056-CR THIRD COURT OF APPEALS 8/13/2015 9:05:57 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00656-CR *1 ACCEPTED [6475825] CLERK Ron Everitt Fuson, Appellant § COURT OF APPEALS 3 rd DISTRICT
§ The State of Texas § Austin, TEXAS
MOTION TO WITH DRAW The United States Supreme Court does not obligate counsel representing a client
on appeal to argue in support of grounds for reversal of the lower court’s judgment
when after a “conscientious examination” of the case, appellate counsel determines
appeal to be “wholly frivolous.” Anders v. State of California, 386 U.S. 738, 744
(1967) . In such , situations, the United States Supreme Court has outlined
appropriate procedural steps taken by appellate counsel: 1) counsel is required to
submit a brief examining the record for any point arguably in support of proper
grounds of reversal on appeal; 2) counsel must furnish this brief to an indigent
client enabling the client the right to file a pro-se brief on points of appeal this
individual maintains present proper grounds for appeal; and 3) counsel may request
the appellate court grant counsel’s request to withdraw from the obligation of
providing further legal representation to the client on appeal. Id. Counsel pursuing
a frivolous appeal places himself at risk being assessed a monetary sanction under
Rule 45 of the Texas Rules of Appellate Procedure in addition to finding himself in
violation of the Texas Rules of Disciplinary Procedure. Id.; Tex. R. App. P. 45;
Counsel for Appellant is submitting an “Anders Brief” on behalf of the Appellant.
After a “conscientious examination” of the case, including a diligent review of the
Record and applicable authorities, Counsel finds an absence of meritorious
grounds of appeal and further submits the basis of any appeal in this case would be
frivolous in nature. Therefore NATHAN BUTLER, Counsel for Appellant,
respectfully requests this Court acknowledge and approve his request to withdraw
from his court appointed duty of providing further legal representation to Appellant
on an original appeal.
PRAYER NATHAN BUTLER, Counsel for Appellant, RON EVERITT FUSON, prays this Court acknowledge and approve his request to withdraw from his court
appointed duty of providing further legal representation to Appellant RON
EVERITT FUSON on original appeal.
Appellant, RON EVERITT FUSON prays for additional time to review the Anders Brief submitted on behalf of Appellant and the opportunity to file a pro se
Appellant’s Brief on Original Appeal on his own behalf.
Respectfully Submitted, /S/Nathan Butler/S/ Nathan Butler Attorney for Appellant 123 S.Washington San Angelo, Tx 76901 SBN 24006935 (325) 653-2373 Phone (325) 482-8064 Fax nathanbutlerattorney@gmail.com CERTIFICATE OF SERVICE I certify a true and correct copy of the above and foregoing MOTION TO
WITHDRAW was served by regular hand deliver or United States Mail in
accordance with the Rule 9.5 of the Texas Rules of Appellate Procedure on August
13, 2015, on each party’s counsel as listed below:
George McCrea
District Attorney
119th Judicial District
124 W. Beauregard
San Angelo, Tx 76903
Ron Everitt Fuson
TOM GREEN COUNTY JAIL
122 W. HARRIS AVE
SAN ANGELO, TX 76903
/S/ Nathan Butler /S/__________
Nathan Butler