NO. 04-14-00862-CR

STATE OF TEXAS § IN THE COURT OF APPEALS
VS. § THE FOURTH SUPREME
NOEL M. BALDERAS § JUDICIAL DISTRICT, TEXAS
MOTION TO WITHDRAW TO THE HONORABLE JUSTICES OF SAID COURT: Now comes John J. Ritenour, Jr, counsel for Noel M. Balderas, appellant in the above styled and numbered cause, and moves this Court to permit him to withdraw from this matter and for good cause shows the following:
I. This case is on appeal from the 187th Judicial District Court of Bexar County, Texas. The case below was styled the State of Texas vs. Noel M. Balderas , and numbered
2012-CR-7108.
II. Appellant was charged by Indictment with the offense of Possession of a Controlled Substance, Penalty Group 1, Less than 1 Gram. Appellant was placed on deferred adjudication community supervision pursuant to a plea of nolo contendere, and in accordance with a plea agreement. Appellant subsequently pled true to allegations that he had violated conditions of his community supervision. As a result, the trial court entered an adjudication of guilt in the matter, and a sentence of eighteen (18) months in the Texas Department of Criminal Justice-State Jail Division was assessed on November 20, 2014. Appellant timely ACCEPTED 04-14-00862-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/16/2015 7:28:59 PM KEITH HOTTLE CLERKf

iled a Notice of

Appeal, and undersigned counsel was appointed to represent Appellant.
III. Following a review of the reco r d a n d relevant authorities, counsel has determ ined appeal in t his m atter would be f rivolous and w ithout m erit, and has f i led a Brief pursuant to Anders v. C

a l i f o r n ia , 3 86 U.S. 738 (1967). C ounsel has f orwarded a copy of t hat brief to Appellant, along with a letter e xplaining his pro s e appellate right i n t h i s situation, and a Motion f or Pro Se A ccess t o the Appellate Record, c om pleted except f

o r com p letion of the date of m ailing to the Court of Appeals, and Appellant’s signature.
I V.
In light of the f

oregoing, counsel requests this Court p erm it him t o withdraw f rom this

m atter, and notif

y Appellant of f

urther brief

ing deadlines.
W H EREFORE, PREMISES CONSIDERED, appellant pr a y s t h a t t h i s C o u r t g r a n t t h i s Motion To W ithdraw, and f o r s u c h o t her and f

u rther r elief as the Court m ay deem appropriate. Respectf ully subm itted: /S/JOHN J. RITENOUR, JR. JOHN J. RITENOUR. JR. State Bar No. 00794533 Milam Building, Suite 1716 115 E. Travis Street, Suite 1716 San Antonio, TX 78205 (210) 222-0125 Fax: (210) 222-2467 Ritenourlaw@ aol.com Attorney for Appellant

2CERTIFICATE OF SERVICE

I hereby certif

y t hat on this the 16th day o f March , 2015 I electronically served a copy o f this M o t ion to W i thdraw on the District Attorney f or Bexar County , Texas, (ATTN: Appellate Sect i o n) by addressing it to Jeanette.Canales@ Bexar.org through the Texas ef iling sy stem

. I f urther certif

y that on this the 1 6th day of March , 2015, I f orwarded

a c o py o f this Motion to W ithdraw to Appellant Noel M. Balderas, TDCJ #01966486, Fabian Dale Dom inguez State Jail, 6535 Cagnon Road, San Antonio, TX 78252, by U. S. Mail.

/S/JOHN J. RITENOUR, JR. JOHN J. RITENOUR, JR.

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