Frederick, Destyn David ( 2015 )

PD-1334-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/2/2015 12:26:03 PM
Accepted 11/2/2015 12:59:21 PM
PD-1334-15 ABEL ACOSTA
TC-11-09-00041-CRL CLERK
DESTYN DAVID FREDERICK § IN THE COURT OF APPEALS
Appellant §
§
VS. § FOURTH SUPREME JUDICIAL
§ DISTRICT
§
THE STATE OF TEXAS §
Appellee § SAN ANTONIO, TEXAS
MOTION FOR LEAVE
TO WITHDRAW AS ATTORNEY OF RECORD
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Richard E. Langlois, court appointed attorney of record for
Appellant, Destyn David Frederick, in the above styled and numbered cause and
respectfully requests leave of this Court to withdraw as counsel for Appellant and in
support thereof shows:
I.
Counsel was appointed by the District Court in LaSalle County to represent
Destyn David Frederick for the appeal of his conviction of murder in the above styled
and numbered cause. Counsel timely filed appellant’s brief in this matter. The
Fourth Court of Appeals issued an opinion affirming appellant’s conviction and
sentence on September 9, 2015. Thereafter, Counsel submitted a letter in compliance
with Rule 48.2 TRAP to Destyn David Frederick informing him of his right to file
a pro se petition for discretionary review pursuant to Rule 68 TRAP and provided
notice counsel would withdraw as his attorney of record. Counsel is in compliance
with the opinion in Ex Parte Wilson, 956 S.W.2d 25, (Tex.Crim.App. 1997 and has not been
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November 2, 2015
retained to file a Petition for Discretionary Review.
II.
Counsel did not receive confirmation that Destyn Frederick received Counsel’s
letter notifying of his right to file a pro se petition for discretionary review. Counsel,
in an abundance of caution to avoid Destyn Frederick forfeiting his right to file a pro
se petition for discretionary review, filed a motion to extend time to file petition for
discretionary review that was granted to November 9, 2015 by the Texas Court of
Criminal Appeals.
In response to Counsel’s previous motion to withdraw with the Fourth Court
of Appeals Counsel filed a motion to retract his prior motion to withdraw, which
motion the Fourth Court of Appeals granted.
However, Counsel received an email from Destyn Frederick’s mother on
October 29, 2015 notifying counsel not to file a petition for discretionary review and
terminate his representation of Destyn Frederick.
In compliance with Defendant Destyn Frederick’s request Counsel herein files
his motion to withdraw as counsel of record for Destyn Frederick.
III.
Counsel believes that no injustice or prejudice will be caused by the withdrawal
of counsel at this time and that Counsel has no further legal duty to continue to
represent appellant in this matter.
WHEREFORE, PREMISES CONSIDERED, Richard E. Langlois respectfully
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requests that this court enter an order permitting counsel withdraw from his
representation of Destyn Frederick in this cause.
RESPECTFULLY SUBMITTED
LAW OFFICES
RICHARD E. LANGLOIS
217 Arden Grove
San Antonio, Texas 78215
Tel: (210) 225-0341
Fax: (210) 225-0345
/s/ Richard E. Langlois
State Bar No. 11922500
Attorney for Appellant
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion
to Withdraw has been mailed to Destyn David Frederick, TCDJ: 01920865, 899 FM
632, Kenedy, Texas 78110-4516 and to Mr. Rene M. Pena, Atascosa County District
Attorney. 1327 3rd St., Floresville, Texas 78114-1961, on this 1st day of November
2015.
/s/ Richard E. Langlois
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