Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/18/2015 4:08:50 PM JEFFREY D. KYLE Clerk NO. 03-14-00411-CR THIRD COURT OF APPEALS 8/18/2015 4:08:50 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00411-CR *1 ACCEPTED [6549168] CLERK MANUEL CONSTANCIO § IN THE
v. § THIRD COURT OF APPEALS
THE STATE OF TEXAS § AUSTIN, TEXAS
MOTION TO WITHDRAW AS COURT APPOINTED COUNSEL FOR
APPELLANT MANUEL RUIZ CONSTANCIO
To The Honorable Justices of the Third Court of Appeals, Now Comes
Shawntell McKillop, in the above styled and numbered cause, and moves this Court to
grant her Motion To Withdraw As Court Appointed Counsel For Manuel Ruiz
Constancio, and for good cause shows the following:
I.
In the 391' Judicial District Court ofT om Green County, Texas, in a case styled, The
State of Texas v. Manuel Ruiz Constancio; Cause Number A-11-0535-S, Manuel Ruiz
Constancio was charged by Indictment with the felony offense of Robbery.
A trial took place on February 24, 2014, February 25, 2014 and April 24,
2014. At the conclusion of trial, the court found Manuel Ruiz Constancio guilty on
the Motion to Adjudicate Guilt. The Judge assessed punishment at a sentence of 10
years in a Texas Department of Criminal Justice Correctional Facility. The appeal
of the judgment of the trial court is currently pending before this Court.
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, counsel
determines appeal to be "wholly frivolous." Anders v. State of California, 386 US
738, 744 (1967). In such situations, the United States Supreme Court has outlined
appropriate procedural steps to be taken by appellate counsel: 1) counsel is required
to submit a brief examining the record for any point arguably in support of proper
grounds for reversal on appeal; 2) counsel must fumish this brief to an indigent
client enabling the client the right to file a pro-se brief based 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 for Manuel Ruiz Constancio prepared and filed an "Anders
Brief on behalf of Appellant. After a "conscientious examination" of the case,
including a diligent review of the Record and applicable authorities, Counsel found an
absence of meritorious grounds for appeal and has detennined the basis of any appeal
in this case would be frivolous in nature. Therefore Shawntell McKillop, Counsel
for Appellant, respectfully requests this Court acknowledge and approve her
request to withdraw from her court appointed duty of provi(:iing further legal
representation to Appellant Manuel Ruiz Constancio on original appeal.
WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant prays this
Court grant her Motion To Withdraw As Court Appointed Counsel For Manuel Ruiz
Constancio.
Respectfully submitted: Shawntell McKillop 25 West Beauregard San Angelo, Texas 76906 Telephone: (325) 658-1991 Facsimile: (325) 655-1391 By Is! Shawntell McKillop Shawntell McKillop State Bar No. 24007655 Attorney for Manuel Ruiz Constancio CERTIFICATE OF SERVICE I certifY a true and correct copy of the above and foregoing Motion To Withdraw was
served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on
August \'0 , 2015, on the following parties:
Office ofT om Green County District Attorney
124 West Beauregard A venue
San Angelo, Texas 76903
Appellee
Mr. Manuel Ruiz Constancio
TDCJ Number 01938566
Fort Stockton Unit
1536 East lli-10
Fort Stockton, Texas
79735
Appellant
Is/ Shawntell McKillop Shawntell McKillop, Counsel for Appellant CERTIFICA1E OF CONFERENCE I certify that I contacted the Tom Green County District Attorney's Office on
August \ <o , 2015, but the District Attorney was unavailable to speak to me
regarding the State's position with respect to this Court granting Counsel for
Appellant's request to withdraw from her court appointed duty to provide legal
representation to Appellant Manuel Constancio.
Is/ Shawntell Mckillop Shawntell McKillop, Counsel for Appellant