Armando Ochoa v. State ( 2015 )

ACCEPTED
03-14-00740-CR
5242606
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/12/2015 9:43:58 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00740-CR
STATE OF TEXAS § IN THE THIRD JUDICIALFILED IN
DISTRICT
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
v. § COURT OF APPEALS5/12/2015 9:43:58 AM
§ JEFFREY D. KYLE
Clerk
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
Ochoa on appeal form his conviction in the 299th 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.
2. 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 Anders v. California, 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
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frivolous.
3. 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 Anders v. California,
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
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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
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