Ex Parte Thomas Aven Cole ( 2015 )

ACCEPTED
01-15-00107-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/18/2015 1:02:52 PM
CHRISTOPHER PRINE
CLERK
NO. 1-15-00107-CR
_______________________________________________
FILED IN
In the Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
For the First 3/18/2015 1:02:52 PM
CHRISTOPHER A. PRINE
Judicial District of Texas Clerk
Houston, Texas
_______________________________________________
THOMAS AVEN COLE, APPELLANT
versus
THE STATE OF TEXAS, APPELLEE
_______________________________________________
ON APPEAL FROM THE CRIMINAL COUNTY COURT AT LAW #10
HARRIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 2005582
________________________________________________
APPELLANT’S MOTION TO DISMISS APPEAL
________________________________________________
TO THE HONORABLE JUSTICES OF SAID COURT:
Appellant, THOMAS AVEN COLE, requests, pursuant to Texas Rule of
Appellate Procedure 42.2, to dismiss the above-captioned appeal. Consistent with
the undersigned counsel’s advice, the Appellant has agreed to withdraw his appeal
as shown by his signature below.
Jon Phillip Thomas, Texas Bar # 24037593, an attorney whose license has
since been probated, previously represented appellant in this appeal. Undersigned
attorney has substituted in as counsel for the appellant in the trial court, as
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memorialized by the attached motion to substitute filed and granted by Judge Dan
Spjut presiding over the Criminal Court at Law #10. Appellant requests that the
undersigned counsel be permitted to substitute as attorney of record in this appeal.
Previous counsel, Mr. Thomas, did not request the record, as the Court
knows (see Scheduling Order dated March 3, 2015); and, the appellant’s brief was
due on March 13, 2015 but never filed. Undersigned attorney has tried to contact
Mr. Thomas without success. Undersigned attorney has met with the appellant,
who stated that he requests that this appeal be dismissed.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court dismiss this appeal pursuant to Rule 42.2 of the Texas Rules of Appellate
Procedure.
_/s/_Wendell A. Odom, Jr.
WENDELL A. ODOM, JR.
Texas Bar # 15208500
440 Louisiana, Suite 200
Houston, TX 77002
(713) 223-5575
(713) 224-2815 (FAX)
__/s/_Thomas Aven Cole_
THOMAS AVEN COLE
Appellant
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CERTIFICATE OF SERVICE
I hereby certify that on March 18, 2015, a copy of the foregoing motion
was hand delivered to the Assistant District Attorney for Harris County, Texas.
_/s/_Wendell A. Odom, Jr.
WENDELL A. ODOM, JR.
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