Turner, Albert James

AP-76,580
COURT OF CRIMINAL APPEALS
AUSTIN,-TEXAS
Transmitted 12/21/2018 7:04 AM
Accepted 12/27/2018 10:53 AM
NO. AP-76,580 Williamson
IN THE COURT OF CRIMINAL APPEALS filed
COURT OF CRIMINAL APPEALS
12/27/2018
FOR THE STATE OF TEXAS deana Williamson, clerk
* * *
ALBERT JAMES TURNER,
Appellant
V.
THE STATE OF TEXAS,
Appellee
* * *
MOTION TO WITHDRAW AS
APPELLATE COUNSEL OF RECORD
*Death Penalty Case*
On Appeal in Cause No. 54233 from the
268th District Court of Fort Bend County, Texas
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
Amy Martin, appointed counsel for Albert James Turner, respectfully
moves to withdraw as appellate counsel of record in the above captioned
case. In support of this motion, Appellant would respectfully show this
Court the following:
I.
Ms. Martin will be sworn in as the judge for the 263'''^ Criminal
District Court of Harris County on January 1, 2019. Canon 4 ofthe Texas
Code of Judicial Conduct Canon states that "a judge shall not practice law
except as permitted by statute or this Code." Mr. Turner's case is does not
fall under any exception.
II.
There are no current deadlines or settings in the case. On November
14, 2018, this Court reversed the judgment of the trial court and remanded
the case for a new trial. Mr. Turner was notified of the decision and given a
copy of the decision. On November 29, 2018, the State filed a Motion for
Rehearing and Mr. Turner was sent a copy of the motion. That motion has
not been ruled on as of December 20, 2018 and Counsel does not believe
that the issue will be resolved prior to January 1, 2019.
III.
Mr. Turner is currently incarcerated and his mailing address is:
Albert Turner
TDCJ #999565
Polunsky Unit
3872 FM 350 South
Livingston, Texas 77351
IV.
Mr. Turner was informed in November that Counsel would need to
withdraw at the end of the year if the case was still pending. A copy of this
motion is contemporaneously being mailed to Mr. Turner, via certified
priority mail and regular mail, with notice that he has the right to object to
the motion and the address of the Court.
WHEREFORE, PREMISES CONSIDERED, Counsel requests that
this Court allow Ms. Martin to withdraw as appellate counsel for Mr. Turner.
Respectfully submitted,
Amy Martin
State Bar No. 24041402
1321 Upland Dr., Suite 9638
Houston, Texas 77043
Telephone: 713-320-3525
amymartinlaw@gmail.com
CERTIFICATE OF SERVICE
This is to certify that on December 21, 2018, a true and correct copy
of the foregoing document was delivered to the following parties via
electronic service in accordance with the Texas Rules of Appellate
Procedure:
Gail McConnell
Assistant Criminal District Attorney
Gail.McConnell@fortbendcountytx.gov
1422 Eugene Heimann Circle
Richmond, Texas 77469
Telephone: 281-341-4460
Fax:281-341-4440
State Prosecuting Attorney
Stacey Soule
Stacey.Soule@spa.texas.gov
AMY MARTIN