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Farias v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 21, 2023
No. 04-23-00591-CR (Tex. App. Jun. 21, 2023)

Opinion

04-23-00591-CR

06-21-2023

Albert FARIAS Jr., Appellant v. The STATE of Texas, Appellee


From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 20-08-00069-CRK Honorable Sid L. Harle, Judge Presiding

ORDER

Patricia O. Alvarez, Justice

Attorney Phil Baker was appointed to represent Albert Farias Jr. on appeal. On June 20, 2023, Attorney Baker moved to withdraw.

Counsel's motion does not meet the requirements for a motion to withdraw. See Tex. R. App. P. 6.5(b), (d); Edwards v. State, No. 02-16-00370-CR, 2017 WL 4819377, at *2 (Tex. App -Fort Worth Oct. 26, 2017, no pet.) (mem. op., not designated for publication); Rivera v. State, 130 S.W.3d 454, 458 (Tex. App-Corpus Christi 2004, no pet.).

Specifically, the motion does not contain a statement that a copy of the motion was delivered to Appellant or that Appellant was notified that he may object to the motion. Contra Tex. R. App. P. 6.5(a)(3), (4); Rivera, 130 S.W.3d at 458; Edwards, 2017 WL 4819377, at *2.

Attorney Phil Baker's motion to withdraw is denied without prejudice to refiling a motion that fully complies with the Rules.


Summaries of

Farias v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 21, 2023
No. 04-23-00591-CR (Tex. App. Jun. 21, 2023)
Case details for

Farias v. State

Case Details

Full title:Albert FARIAS Jr., Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 21, 2023

Citations

No. 04-23-00591-CR (Tex. App. Jun. 21, 2023)