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N0._ /3V3-/S FRANCISCO ARZATE Appellant/Petitioner IN THE COUR § V. COURTS CRCkttUTOi CRIMINAL APPEALS s '"••'.a*i. * r^.h.Si § THE STATE OF TEXAS OF TEXAS, AUSTIN NOV 03 2015 Appellee/Respondent § MOTION TO WITHDRAW PETITION FOR DISCRETIONARY REVIEW _.. _^ ,„. FILED N FILED BY AN UNAUTHORIZED ATTORNEY rni IDT r»rom*«.».,, COURT OF CRIMINAL APPEALS COMES NOW, Francisco Arzate pro se, in this motion seekirfgHy G3 2CI5 leave to withdraw the Petition for Discretionary Review filed Abe! Acosta, Clerk by J.Sidney Crowley, on or about the 15th day of October,2015. In support of this motion for leave to withdraw this Petition, the following is presented for this Honorable Court's consideration: J.Sidney Crowley was appointed by the trial court to represent me on appeal of the capital murder conviction. From the very beginning Crowley ignored all my correspondence and did not raise the points of error which could lead to my aquittal. Ultimately, the First Court of Appeals affirmed my conviction after review of "ONE" ground. J.Sidney Crowley said he would file my PDR and it seemed I had no choice in the matter. I wrote "many" letters to the Appeals Courts regarding Crowley. He filed two PDR's which were dismissed because of procedural errors. I brought this issue to this Court of Criminal Appeals in a writ of habeas corpus. This Court found that Crowley was ineffective and that I could file my out of time PDR. "SOMEHOW", J.Sidney Crowley found out about this Court's ruling and filed the PDR without my authorization!!! I had made arrangements to file my own PDR since Crowley's raised no points that would distinguish my case or move this Court to review it. Once again Crowley has caused me problems because he takes it upon himself to act. It really appears that he works "for" the trial court to make sure that the conviction will not recieve a legtimate review by any court of appeals. He has continued to prevent my issues from being fully and fairly reviewed because of his unproffesional conduct and intelligent ineffectiveness. I do not want his PDR considered by this Court! It is a cursory and mechanical pleading with no adequate representation of the fact that I was unlawfully convicted on "speculative interpretations" of fictitious facts. WHEREFORE PREMISES CONSIDERED, Appellant/Petitioner moves this Honorable Court to order the Petition for Discretionary Review filed by J.Sidney Crowley on or about the 15th of October, 2015 be withdrawn and that Appellant/Petitioner be allowed to file his PDR pro se. Respect \ CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing motion for leave to withdraw Petition filed by J.Sidney Crowley has been mailed to the Harris County District Attorney's Office, and to Lisa C. McMinn, State Prosecutind Attorney, P.O.Box 12405,Austin, Texas,78711, by putting those documents in the McConnellUnit mailing system postage prepaid, first class, on this 29thday of October,2015.
Document Info
Docket Number: PD-1343-15
Filed Date: 11/4/2015
Precedential Status: Precedential
Modified Date: 9/28/2016