Kenneth Allen Goetz v. State ( 2015 )

ACCEPTED
04-15-00284-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/21/2015 12:37:28 AM
KEITH HOTTLE
CLERK
IN THE TEXAS COURT OF APPEALS
FOR THE FOURTH APPELLATE DISTRICT
FILED IN
4th COURT OF APPEALS
KENNETH ALLEN GOETZ, § SAN ANTONIO, TEXAS
Appellant, § 08/21/15 12:37:28 AM
§ 04-15-00284 KEITH E. HOTTLE
Clerk
v. §
§
THE STATE OF TEXAS §
MOTION TO WITHDRAW
FROM REPRESENTING APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Anthony M. Smith, appointed appellate counsel ("Counsel") herein
presents his Motion to Withdraw from representing Appellant Kenneth
Allen Goetz, for good cause, shown below:
Counsel has conscientiously examined the record in Mr. Goetz’s's case
in Cause No. 2014-CR-7400W out of the 226th District Court in Bexar
County, Texas in which Mr. Goetz pled nolo contendere to Aggravated
Robbery, and as the result of a plea bargain agreement, was placed on deferred
adjudication, and later adjudicated guilty and sentenced to five years
incarceration in the Texas Department of Criminal Justice, Institutional
Division, whereupon he filed a timely Notice of Appeal and undersigned
counsel was appointed to pursue Mr. Goetz’s appeal.
Accordingly, Counsel concluded in his professional judgment and
opinion, there are no good faith arguable issues on which to assert an appeal
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herein, and therefore filed a Brief pursuant to Anders v. California, 386 U.S.
738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), ("Anders brief ') setting forth
in the Brief counsel’s review for all potentially good faith arguable issues
permitted by law and cognizable by counsel.
THERFORE, Counsel, is forwarding to Appellant a copy of (1) the
Anders Brief, (2) counsel’s motion to withdraw, and a (3 letter advising
appellant of his options to file or not a pro se brief in this cause and to
request a copy of the record. Ergo, undersigned counsel respectfully
requests that he be permitted to withdraw from this cause.
Respectfully submitted,
By:/S/ Anthony M. Smith
Anthony Martin Smith
P.O. Box 90391
San Antonio, TX 78209
OFC: (210) 281-9000
FAX: (210) 247-6176
APPOINTED COUNSEL
FOR APPELLANT
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on August 20, 2015, I sent a true and
correct copy of the foregoing Motion was sent via EFile-Texas to Rico
Valdez, Bexar County Criminal District Attorney's Office, 300 Dolorosa,
5th Floor, San Antonio, TX 78205 and by First Class Mail to Kenneth Allen
Goetz#01992891, Garza Unit East, 4304 Hwy. 202, Beevile, TX 78102.
/S/ Anthony M. Smith
Anthony Martin Smith
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