Phyllis Gwen Pruitt v. State

ACCEPTED
06-14-00217-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
2/24/2015 3:07:52 PM
DEBBIE AUTREY
CLERK
NO. 06-14-00217-CR
TRIAL NO. 44139-B
PHYLLIS GWEN PRUITT § FILED IN
IN THE COURT OF APPEALS
6th COURT OF APPEALS
TEXARKANA, TEXAS
VS. § 6 TH APPELLATE DISTRICT
2/24/2015 3:07:52 PM
DEBBIE AUTREY
STATE OF TEXAS § STATE OF TEXAS Clerk
APPELLANT'S COUNSEL'S MOTION TO WITHDRAW
Appellant's counsel, pursuanttoAnders v. California, 386 U.S. 738 (1967), asks this Court
to permit him to withdraw from representation of Phyllis Gwen Pruitt in the above referenced matter.
This motion is based on the following grounds:
A. Introduction
I. Appellant pled open to the state jail felony charge of Possession of a Controlled
Substance and was sentenced by Judge Alfonso Charles of the 124'h District Court to
15 months incarceration in the Texas Department of Criminal Justice, with the
sentence to run concurrently with 43975-B.
2. Attorney Kyle Dansby continued his representation of Appellant through the
writing of this Anders brief. Attorney filed the requisite Notice of AppeaL
3. In this appeal, appellate counsel is unable to advance any error wanting a reversal
of the sentence or any other form of relief for Appellant. Therefore, pursuant to
Anders v. California, he files this Appellant's Counsel's Motion to Withdraw in
support of motion to withdraw asking this Court to allow him to withdraw from his
representation of Appellant in this matter.
B. Grounds
4. Counsel has thoroughly read and reviewed the entire appellate record in search of
any arguable grounds of error to raise which would support either a reversal of the
sentence of some other form of relief. After performing due diligence and researching
the potential grounds for appeal, appellate counsel is unable to find any error that he,
in good faith, can put forth which warrants a reversal of the sentence of any other
form of relief. Appellate counsel is aware that he has a duty to present all arguable
grounds of error that would afford Appellant a reversal of her sentence of any other
form of relief.
C. Notice of Appellant of Motion
5. A copy of the Anders brief in support of motion to withdraw and corresponding
Motion to Withdraw have been forwarded to Appellant. See Exhibit A. Appellant
has also been advised that he has thirty days to file a pro se response or a motion
requesting an extension oftime in which to file a response pursuant to Wilson v. State,
955 S.W.2d 693 (Tex. App. - Waco, 1997, order), disp on merits, 3 S.W.3d 223 (Tex.
App. - Waco 1999, pet ref d). See Exhibit A.
D. Prayer
WHEREFORE, PREMISES CONSIDERED, for these reasons, Appellant's
counsel requests that this Court grant this motion and enter an order withdrawing
below signed counsel from representation of Phyllis Gwen Pruitt in the above
referenced matter and for any such relief that he may be entitled.
Respectfully Submitted
BY :---::'c--=t1``---'=:C~If-~
Kyle Da. y
Attorney at Law
P.O. Box 1914
Marshall, TX 75671
(903) 738-6162
(888) 410-1583 (fax)
kdansbylaw@gmail.com
SBN: 24059180
CERTIFICATE OF SERVICE
I, Kyle Dansby, attorney for Appellant, hereby certify that a true and correct copy of this
Motion to Withdraw has been forwarded to the following on the 24th day of February, 2015:
Zan Brown
Gregg County District Attorney's Office
Via email tozan.brown@fQ.gregg.tx.us
Attorney for State
Alfonso Charles
Judge, 124th District Court, Gregg County, TX
101 E. Methvin, Suite 447
Longview, TX 75601
Via email toTerri.Shepherd@co.gregg.tx.us
Phyllis Gwen Pruitt, Appellant
Gregg County Jail
101 E. Methvin, Suite 635
Longview, TX 75601
Kyle sby
Attorney for Appellant
SEN: 24059180