Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/12/2015 9:43:58 AM JEFFREY D. KYLE Clerk No. 03-14-00740-CR THIRD COURT OF APPEALS 5/12/2015 9:43:58 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00740-CR *1 ACCEPTED ^[5242606] CLERK

STATE OF TEXAS § IN THE THIRD JUDICIAL DISTRICT

§

v. § COURT OF APPEALS

§

ARMANDO OCHOA § AT AUSTIN, TEXAS

COUNSEL’S MOTION TO WITHDRAW FROM APPELLATE

REPRESENTATION UNDER ANDERS v. CALIFORNIA

TO THE HONORABLE JUDGES OF THE THIRD DISTRICT COURT OF

APPEALS OF TEXAS:

COMES NOW, Alexander L. Calhoun, counsel for Appellant, ARMANDO

OCHOA, and seeks this Court’s permission to withdraw from representation on the

ground that there are no non-frivolous grounds for review in Appellant’s appeal, and

would show as follows:

1. Counsel has been appointed to represent Appellant, Mr. Armando th

Ochoa on appeal form his conviction in the 299 District Court of Travis County

Texas, in Cause No. D-1-DC-14-202835, for felony Assault - Family Violence. He

has received a sentence of 14 years incarceration. Counsel has thoroughly reviewed the appellate record from Appellant’s

trial and believes there to be no non-frivolous grounds for relief in this case. Pursuant

to , 386 U.S. 738 (1967), counsel has prepared a brief setting

forth any possible ground for review and why counsel believes said points to be

frivolous. Counsel would respectfully request this Court to review the submitted

Anders Brief and upon conclusion, if this Court concurs with counsel’s reasoning,

permit counsel to withdraw from representation, pursuant to ,

supra . Should this Court conclude that counsel is in error, and that there are non-

frivolous grounds within the appellate record, then counsel would seek to withdraw

this motion and prepare a merits brief to this Court.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests

this Honorable Court, upon review of the accompanying Anders brief, if the Court

agrees that there are no non-frivolous grounds for relief, to permit appellate counsel

to withdraw. Alternatively, if this Court concludes that there are potentially

meritorious issues, then Counsel would seek to withdraw this motion.

Respectfully submitted,

Law Office of Alexander L. Calhoun

4301 W. William Cannon Dr., Ste. B-150 # 260

Austin, Texas 78749

Tele: 512/ 420 - 8850

Fax: 512/ 233- 5946

Cell: 512/ 731 - 3159

email: alcalhoun@earthlink.net

By: _/s/ Alexander L. Calhoun

Alexander L. Calhoun

State Bar No.: 00787187

Counsel for Appellant

CERTIFICATE OF CONFERENCE

I hereby certify that due to the nature of this brief, I have not sought to confer

with opposing counsel and do not anticipate opposition to this motion.

/s/ Alexander L. Calhoun

ALEXANDER L. CALHOUN CERTIFICATE OF SERVICE

I herein certify that on May 12, 2015 a true and correct copy of the above

document has been served upon the Travis County District Attorney’s Office, P.O.

Box 1748, Austin, TX 78767 and that a copy has been served upon Appellant,

Armando Ochoa, TDCJ # 01965598, TDCJ - CID Lyncher Unit, 2350 Atascocita

Rd., Humble, TX 77396 with an explanation of his right to contest the brief and this

motion.

/s/ Alexander L. Calhoun ALEXANDER L. CALHOUN