Case Information

*0 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 2/24/2015 2:59:28 PM DEBBIE AUTREY Clerk *1 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 § IN THE COURT OF APPEALS 6 TH APPELLATE DISTRICT §

VS.

STATE OF TEXAS § STATE OF TEXAS

APPELLANT'S COUNSEL'S MOTION TO WITHDRAW

Appellant's counsel, pursuant to Anders 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 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 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, 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 A copy of the 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 which to file a response pursuant to Wilson 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 E. Methvin, Suite 447

Longview, TX 75601

Via email toIerri.Shepherd@co.gregg.tx.us

Phyllis Gwen Pruitt, Appellant

Gregg County Jail E. Methvin, Suite 635

Longview, IX 75601

Kyle ansby Attorney for Appellant SBN: 24059180