ACCEPTED 12-14-00158-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 4/1/2015 4:06:25 PM CATHY LUSK CLERK CASE NO. 12-14-00158-CR IN THE FILED IN COURT OF APPEALS 12th COURT OF APPEALS TWELFTH DISTRICT OF TEXAS TYLER, TEXAS TYLER 4/1/2015 4:06:25 PM CATHY S. LUSK Clerk RICKY NEAL JR. Plaintiff – Appellant v. STATE OF TEXAS Defendant – Appellee

----------- ON APPEAL FROM JUDICIAL DISTRICT COURT NO. 7 OF SMITH COUNTY The Honorable Judge Kerry L. Russell TRIAL COURT NO. 007-0505-13 ---------- MOTION TO SUBSTITUTE COUNSEL

TO THE HONORABLE JUDGE OF SAID COURT: Now comes RICKY NEAL, JR., Movant and attorney of record for Defendant, CARLO D’ANGELO, and brings this Motion to Substitute Counsel and in support thereof shows: A. Movant was appointed as attorney of record for Defendant in the appeal of a trial judgment of this cause, and desires to withdraw from this cause.

B. Such withdrawal is sought in order to permit GERALD J. SMITH, SR. to be substituted as counsel of record for Defendant. The mailing address, telephone number, fax number and State Bar of Texas identification number for GERALD J. SMITH, SR. are as follows: 2000 E. Lamar Blvd., Ste 330 Arlington, Texas 76006 (817) 635-3100 Telephone (817) 635-3104 Facsimile Texas State Bar No. 24039316 C. A copy of this motion has been mailed by certified mail and by regular mail to Defendant at Defendant's last known address: Texas Department of Criminal Justice Ferguson Unit Inmate: Ricky Neal, Jr. SID No. 07021167 TDCJ No. 01934438 12120 Savage Drive Midway, TX 75852 PRAYER WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court allow CARLO D’ANGELO to withdraw as counsel for RICKY NEAL JR., and from any further representation of RICKY NEAL JR., and permit GERALD J. SMITH, SR. to be substituted as counsel of record herein.

Respectfully submitted, /s/Gerald J. Smith, Sr. Gerald J. Smith, Sr. State Bar No. 24039316 The Law Offices of G. J. Smith, Sr. PLLC 2000 E. Lamar Blvd., Ste. 330 Arlington, TX 76006 Tel: (817) 635-3100 Fax: (817) 635-3104 CERTIFICATE OF SERVICE This is to certify that on April _1_, 2015, a true and correct copy of the above and foregoing document was served on the Twelfth District Court of Appeals Office, Smith County, 1517 W Front St. Ste 354, Tyler, TX 75702, via Facsimile at (903) 590-1719. /s/Gerald J. Smith, Sr.

CERTIFICATE OF CONFERENCE Prior to the filing this motion, I certify that on April 1, 2015, a copy was provided to the Smith County District Attorney’s Office, by facsimile addressed to the attention of Michael J.

West and afterwards:

_x_I conferred with Asst. District Attorney Michael J. West, and he opposes / does not oppose Defendant's Motion for Substitution of Counsel;

___I attempted to confer with Asst. District Attorney Michael J. West by calling (903) 590-1720 on April 1, 2015, but he has not responded to my attempts. Accordingly, I cannot represent to the court whether counsel opposes or does not oppose Defendant's Motion For Substitution of Counsel.

/s/Gerald J. Smith, Sr., Gerald J. Smith, Sr.