McCay, Mark

PD-1306-15 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 4/5/2016 1:40:08 PM Accepted 4/5/2016 2:52:28 PM

ABEL ACOSTA

No. PD-1306-15

CLERK MARK MCCAY IN THE COURT OF V. CRIMINAL APPEALS THE STATE OF TEXAS OF TEXAS

MOTION TO WITHDRAW AS APPOINTED COUNSEL TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW the undersigned attorney and moves to withdraw as counsel of record on this case. In support of this Motion, the undersigned attorney would show the following:

I.

On August 20, 2012, the trial court found Mr. McCay to be indigent and appointed the Dallas County Public Defender's Appellate Division to act as counsel for Mr. McCay on appeal. The undersigned attorney represented Mr. McCay through the direct appeal process in the Fifth Court of Appeals and subsequently filed a Petition for Discretionary Review in this Court. The Petition for Discretionary Review was denied on March 23, 2016.

FILED IN COURT OF CRIMINALAPPEALS

April 5, 2016 ABEL ACOSTA, CLERK

II.

On April 4, 2016, the undersigned attorney received a written communication from Timothy W. Sorenson, a licensed attorney in Texas, (State Bar #18848400) stating that Mr. McCay had retained him as counsel "in connection with various motions related to his Petition for Discretionary Review." Since Mr. McCay has retained counsel, it is apparent that he is not currently indigent and, as such, is not entitled to appointed counsel.

III.

In this same written communication, Mr. Sorenson stated that he was filing an appearance on Mr. McCay's behalf.

WHEREFORE PREMISES CONSIDERED, the undersigned attorney prays to be allowed to withdraw as appointed counsel.

Respectfully submitted, /s/ Katherine A. Drew

Lynn Pride Richardson Katherine A. Drew Chief Public Defender Assistant Public Defender Dallas County, Texas State bar No. 06117800

Frank Crowley Courts Building 133 N. Riverfront Blvd., LB-2 Dallas, Texas 75207-4399 (214) 875-2360 (phone) (214) 875-2363 (fax) Kathi.Drew @dallascounty. org

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing motion was served on the following persons:

Mr. Timothy W. Sorenson 5000 Whitestone Lane, Suite 1115 Piano, Texas 75024 twsorenson @ yahoo.com Ms. Patricia Noble Dallas County Criminal District Attorney's Office Appellate Section1 133 N. Riverfront Blvd., B-19, 10th Floor Dallas, Texas, 75207 [email protected] Ms. Lisa McMinn The State's Prosecuting Attorney P. O. Box 13046 Austin, Texas 78711-3046 information @spa.texas. gov by electronic transmission on April 5, 2016, and on Mr. Mark McCay 2611 Madera Ave. Dallas, Texas 75206 by first class mail, postage prepaid, on April 5, 2016

/s/ Katherine A. Drew Katherine A. Drew