Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 3/16/2015 7:28:59 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00862-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/16/2015 7:28:59 PM KEITH HOTTLE CLERK
NO. 04-14-00862-CR
STATE OF TEXAS § IN THE COURT OF APPEALS
VS. § THE FOURTH SUPREME
NOEL M. BALDERAS § JUDICIAL DISTRICT, TEXAS
MOTION TO WITHDRAW
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes John J. Ritenour, Jr, counsel for Noel M. Balderas, appellant in the above
styled and numbered cause, and moves this Court to permit him to withdraw from this matter
and for good cause shows the following:
I.
This case is on appeal from the 187th Judicial District Court of Bexar County, Texas.
The case below was styled the State of Texas vs. Noel M. Balderas , and numbered
2012-CR-7108.
II.
Appellant was charged by Indictment with the offense of Possession of a Controlled
Substance, Penalty Group 1, Less than 1 Gram. Appellant was placed on deferred
adjudication community supervision pursuant to a plea of nolo contendere, and in accordance
with a plea agreement. Appellant subsequently pled true to allegations that he had violated
conditions of his community supervision. As a result, the trial court entered an adjudication
of guilt in the matter, and a sentence of eighteen (18) months in the Texas Department of
Criminal Justice-State Jail Division was assessed on November 20, 2014. Appellant timely
filed a Notice of Appeal, and undersigned counsel was appointed to represent Appellant.
III.
Following a review of the record and relevant authorities, counsel has determined
appeal in this matter would be frivolous and without merit, and has filed a Brief pursuant to
Anders v. California , 386 U.S. 738 (1967). Counsel has forwarded a copy of that brief to
Appellant, along with a letter explaining his pro se appellate right in this situation, and a
Motion for Pro Se Access to the Appellate Record, completed except for completion of the
date of mailing to the Court of Appeals, and Appellant’s signature.
IV.
In light of the foregoing, counsel requests this Court permit him to withdraw from this
matter, and notify Appellant of further briefing deadlines.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court grant this
Motion To Withdraw, and for such other and further relief as the Court may deem
appropriate.
Respectfully submitted:
/S/JOHN J. RITENOUR, JR.
JOHN J. RITENOUR. JR.
State Bar No. 00794533
Milam Building, Suite 1716
115 E. Travis Street, Suite 1716
San Antonio, TX 78205
(210) 222-0125
Fax: (210) 222-2467
Ritenourlaw@aol.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I hereby certify that on this the 16th day of March , 2015 I electronically
served a copy of this Motion to Withdraw on the District Attorney for Bexar County, Texas,
(ATTN: Appellate Section) by addressing it to Jeanette.Canales@Bexar.org through the
Texas efiling system.
I further certify that on this the 16th day of March , 2015, I forwarded
a copy of this Motion to Withdraw to Appellant Noel M. Balderas, TDCJ #01966486, Fabian
Dale Dominguez State Jail, 6535 Cagnon Road, San Antonio, TX 78252, by U. S. Mail.
/S/JOHN J. RITENOUR, JR.
JOHN J. RITENOUR, JR.