Opinion
04-22-00539-CR
06-22-2023
Jesus Pena FLORES, III, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Atascosa County, Texas Trial Court No. 21-04-0179-CRA Honorable Russell Wilson, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Attorney Phil Baker was appointed to represent Jesus Pena Flores, III 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.