CAUSENo. 03-13-00092-CR IN THE COURT OF APPEALS FORTHE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS

HOWARD THOMAS DOUGLAS, Appellant, VS. THE STATE OF TEXAS, Appellee. On appeal from Cause No. D-1-DC-10-900204 in the 331 st Judicial District Comi, Travis County, Texas EMERGENCYMOTIONTOWITHDRAWAS COUNSELFOR APPELLANT TOTHEHONORABLEJUDGE OF SAID COURT: COMES NOW, Craig M. Price, counsel for Appellant Howard Thomas Douglas, and files this his Emergency Motion to Withdraw As Counsel For AppeHant, and respectfully shows this Courtthe following: 

### I. STATUS OFAPPELLATE SCHEDULE l. Movant is atton1ey ofrecord for AppellantHoward Thomas Douglas, and

was retained to represent Appellant attrial and on appeal. 2. Movant perfected the appeal, filed Appellant's Brief, filed Appellant's Reply Brief in response to the Appellee's Brieffiled by the State, and

COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE 1 ACCEPTED 03-13-00092-CR 7805922 THIRD COURT OF APPEALS

AUSTIN, TEXAS 11/12/2015 3:46:41 PM JEFFREY D. KYLE

CLERKfiled Appellant's Motion for Rehearing and Motion for Rehearing En Banc, which was recently denied. 3. All briefs and post-judgment motions for rehearing have been timely filed, and this matter is concluded, subject to any further proceedings before the Texas Court ofCriminal Appeals. II. MOV ANT SEEKSTOWITHDRAWTO AVOID UNREASONABLEFINANCIALBURDEN 4. Movant seeks to withdraw from his representation ofAppellant in order to avoid a financial hardship. 5. Movant has recently accepted a position to work with the Grayson County District Attorney's Office and is scheduled to commence work at the District Attorney's Office on November 19, 2015. Movant is a single father with primary custody offour minor children, and Movant is the sole source of income for Movant and his four minor children. If Movant is not allowed to withdraw from representation ofAppellant in this matter, Movant most likely will have to forfeit his new position with the Grayson County District Attorney's Office, which will impose an extreme and unreasonable financial burden on Movant and his dependents. SeeTex. R. Prof. Conduct,R. 1.15(b)(6). 6. Conversely, withdrawal can be accomplished without material adverse effect on the interests ofthe client. The only obligation remaining for COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE 2Appellant's counsel, should a judgment be rendered that is adverse to Appellant, is to comply with Tex. R. App. P. 48.4, by sending notice of thejudgment and opinion to Appellant and apprising him ofhis right to file a

### pro se petition for discretionary review under Tex. R. App. P. 68 with the Texas ComiofCriminal Appeals. 7. Movant and Appellant entered into a written fee agreement regarding the trial and the appeal ofthis matter, but Appellant has not paid the entirety ofthe fee agreement. If Appellant is not able to retain an atton1ey to representhim during the sh01i remainder ofthis matter, it is reasonable to

assume that this Comi could remand the matter ofwhether Appellant is indigent to the trial comi for a detennination of whether Appellant is entitled to a court-appointed atton1ey, and any expense to Travis County, Texas

- given the status ofthe case at this time

- would be minimal. 8. This withdrawal is not sought for the purposes of delay, but so that justice canbe done. 9. The last kn.own address for Howard Thomas Dougllas is 5729 Lebanon Road, suite 144-155, Frisco, Texas75034. 10. There only pending deadline in this matter is the deadline to file the petition for discretionary review with the Texas Court of Criminal Appeals, which is due no laterthanNovember 30, 2015.

COUNSEL'S EMERGENCY MOTION TO WITHDRAW PAGE311. A copy ofthis motion has been delivered to Appellant Howard Thomas Douglas at his last lmown address, and Appellant was thereby notified in writing ofhis right to objectto this motion. 

### III. 

### MOV ANT SEEKS EMERGENCYRELIEF 12. Movant respectfully moves this Court to treat this Motion to Withdraw

as an Emergency Motion to Withdraw, as pen11itted by Tex. R. App. P. 10.3(a)(3), and dispense with the ten (10) day waiting period typically accorded motions before the Court of Appeals. See Tex. R. App. P. 10.3(a). 13. Movant submits that this matter constitutes an emergency because Movant is scheduled to begin his new employment with the Grayson County District Attorney's Office on November 19, 2015, and, unless this Comi designates this matter as an emergency and rules before the expiration often days after the motion was filed, it is highly likely that no decision will be reached before November 19, 2015, and Movant very well may have to forfeit his new position with the District Atton1ey's Office, thereby causingMovantto suffer extreme financial hardship. 14. Based on the foregoing, Movant respectfully moves this Comi to treat this matter as an emergency motion to withdraw, to forego the ten-day

COUNSEL'S EMERGENCYMOTION TO WITI-IDRAW PAGE4waiting period before ruling and to rule as soon as possible but at least before November 19, 2015.

IV. PRAYER WHEREFORE, PREMISES CONSIDERED, MovantCraigM. Price respectfullymoves this Courtto grantMovant's emergency motion to withdraw as counsel forAppellantwithoutwaiting ten (10) days for eitherAppellant orthe State to file aresponse, andto grantMovant'smotion to withdraw as counsel for Appellant. Movant further seeks such otherreliefto whichhe maybe entitled, at law or in equity. Respectfully submitted, /S/ Craig M. Price CraigM. Price State BarNo. 16284170 cmp@hammerle.com Hammerle Finley LawFinn 2871 Lake VistaDr., Suite 150 Lewisville, Texas 75067 Tel: (972) 436-9300 Fax: (972) 436-9000 Attorney for Appellant 

### NOTICETO CLIENT This is to notify you that this Motion for Withdrawal ofCounsel may be set for hearing atthe time and place stated at a later date. You do not have to agree to this motion and ifyou contest the withdrawal ofCraig M. Price as attorney in this cause, you should either appear at the hearing or object in writing. Ifyou do not COUNSEL'SEMERGENCY MOTION TO WITHDRAW PAGE 5oppose Craig M. Price's withdrawal as attorney of record in this case, you may appearin comi, in writing, and informthejudgethat you agree withthis Motion. 

### IS/Craig M. Price CraigM. Price 

### CERTIFICATE OFCONFERENCE I certify that Movant confen-ed with counsel for the State of Texas, on November 9, 2015, via e-mail, regarding the merits ofthis Motion, and the State does not oppose this motionto withdraw. I certify that Movant attempted to confer with Appellant via telephone on November 11 and November 12, 2015, but was unable to confer with Appellant regarding the merits ofthis Motion.

STATE OF TEXAS COUNTY OF DENTON 

### IS/CraigM. Price CraigM. Price 

### VERIFICATION § § § BEFORE ME, the undersigned Notary Public, on this day personally appeared CRAIG M. PRlCE, who being by me duly sworn on his oath deposed and said that he is the Attorney for Howard Thomas Douglas, in the above entitled and numbered cause; that he has read the above and foregoing motion, and that every statement contained therein is within his personal knowledge and is true and c01Tect. CraigM. Price SUBSCRlBED AND SWORNTO BEFOREME on the 12th day ofNovember, 2015, to certify which witness my hand and official seal.

COUNSEL'S EMERGENCYMOTION TO WITHDRAW PAGE6RAVEN RACHELL MCINTYRE Notary Public, Stale of Texas

My Commission Expires August 03, 2016 

# Jbun**•m~~**

# · NotaryPublic, State ofTexas011
'1 

# U p CERTIFICATE OFSERVICE This is to ce1iify that on November 12, 2015, a true and c01Tect copy ofthe above and foregoing document was served on the District Attorney's Office, Travis County, PO Box 1748, Austin, Texas 78767, bye-service, and onAppellant, via email athis personal e-mail address, <clavicle7@gmail.com> /S/ CraigM. Price CraigM. Price

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