ACCEPTED 12-17-00349-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 11/29/2017 1:22 PM Pam Estes CLERK

NO.12-17-00349-CR DERIL ELDER □ IN THE 12*" COURT OF FILED APPEALS IN D 12th COURT OF APPEALS TYLER, TEXAS vs. D 11/29/2017 1:22:05 PM D PAM ESTES STATE OF TEXAS □ SMITH COUNTY, TEXAS Clerk MOTION TO WITHDRAW AS COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: Now comes John R. Jarvis, Movant, and brings this Motion to Withdraw as Counsel and in support thereof shows: 1. Movant is attorney of record for DERIL ELDER, and was appointed by the Court to represent Defendant.

2. DERIL ELDER filed a pro-se notice of appeal without notifying Counsel.

3. DERIL ELDER has been notified of his right to object to this withdrawal as well as the following settings by regular mail and certified mail at his current location of: DERIL ELDER, BradshawUnit, IDC # 02163726, PO Box 9000; 3900 West Loop 571 North; Henderson, TX 75653-9000. Phone number (903) 655-0880.

4. The pending settings and deadlines in this case are as follows: a. Docketing Statement due December 1,2017 b. Record Due January 2, 2018 5. Counsel is not contracted to perform appeals and was not notified or consulted about filing an appeal in this case.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court will grant his motion to withdraw on the face of this pleading. Alternatively, Movant requests that the Court set this matter for a hearing so that Movant may present evidence in support of this motion.

Respectfully submitted,

Jarvis Law Firm S. Fannin Tyler, Texas 75702 Tel;(903)592-6576 Fax:(903)592-

John R. J^is State B^No.00798i2'80 Attorney for Defendant

CERTIFICATE OF SERVICE

This is to certify that on// * 3- ? 2017,a true and correct copy ofthe above and foregoing document was served electronically on the District Attorney's Office, Smith County and served on DERIL ELDER by regular mail and certified ma^

DERIL^DER