CASE NO. AP-77,033

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

GEORGE THOMAS CURRY,

APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

MOTION TO WITHDRAW AS ATTORNEY OF RECORD

TO THE HONORABLE JUDGES OF SAID COURT:

THE UNDERSIGNED ATTORNEY files this Motion to Withdraw pursuant to TEX. R.

APP. P. 6.5:

I.

The appellant has been guilty of capital murder and sentenced to death. The appeal of his

case is automatic.

II.

The appellant remained indigent at the conclusion of his trial and received appointed

counsel for the purpose of direct appeal.

III.

The appellant's initial appellate attorney was allowed to withdraw.

The undersigned attorney was appointed to represent the appellant on May 14, 2014.

IV.

Th is Court has granted two prior requests for extension of time to file the appellant's

brief. The appellant's brief is now due on April 24, 2015. AP-77,033

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/24/2015 9:35:07 AM

Accepted 4/24/2015 9:46:53 AM

ABEL ACOSTA

CLERKV.

The attorney for the appellant will not be able to complete the appellant's brief by April

24, 2015 and requests that he be allowed to withdraw. This request i s made to ensure that the

appellant has counsel that will be able to devote all of the time and effort that is necessary to

complete a death penalty capital murder brief. This request is also made to ensure that this Court

will have counsel representing t he appellant who will be able to move forward with the case

without further delay.

VI.

Counsel is advising the trial court of the filing of this motion and will provide it with a

courtesy copy. Counsel will advise the trial court of the need to appoint n ew counsel to represent

Mr. Curry who remains indigent.

VII.

Counsel is also advising the appellant of the filing of this motion by direct and certified

mail. A copy of counsel's letter is attached as Exhibit A.

VI II

.

Counsel has never requested leave t o withdraw as appellate counsel before except in an

Anders Brief. This request is made because of prior and present demands of other cases that

prevent counsel from completing the appellant's brief. These include, but are not limited to:

A. Counsel tried a one week non

- death capital murder case entitled The State of

Texas v. Than Hoang in early August

, 2014.

B. Counsel tried a one

- week aggravated robbery case entitled The State of Texas v.

Enitor Cole in early September

, 2014.

C. Counsel tried a death p enalty capital case that lasted seven weeks in a case

entitled The State of Texas v. Warren Rivers.D. In December

, 2014 counsel completed and filed a brief in Brian Victorian v. The

State of Texas

.

E. In early January

, 2015 the counsel's father died i n Cleveland, Ohio and he had to

attend to arrangements in Cleveland related to his funeral services.

F. Counsel tried a one week aggravated sexual assault case in a case entitled The

State of Texas v. Richard Owings in late January

, 2015.

G. Counsel trie d an assault on a public servant in a case entitled The State of Texas

v. Tommy Alexander in mid

- February

, 2015.

H. Counsel tried a child custody case entitled In the Interest of N.J.J. in the 308 th

District Court of Harris County, Texas in mid

- February

, 2015.

I. Counsel completed and filed the brief in Daniel Rodriguez v. The State of Texas

in mid

- February

, 2015.

J Counsel will complete the non

- death capital murder brief in a case entitled

Johntay Gibson on or before April 27, 2015.

K. Counsel has multipl e trials of significant severity scheduled in early May and

early June, 2015.

IV.

This motion is not intended for the purposes of delay but only so that justice may be

done.

WHEREFORE, PREMISES CONSIDERED, the undersigned attorney requests that the

Cou rt grant this Motion.

Respectfully submitted,

/s/ KURT B. WENTZ

KURT B. WENTZ

5629 Cypress Creek Parkway,

Suite 115

Houston, Texas 77069

Phone: 281/587

- 0088

State Bar No. 21179300

e

- mail: kbsaw entz@yahoo.com

ATTORNEY FOR APPELLANTCERTIFICATE OF SERVICE

I, Kurt B. Wentz, hereby certify that a true and correct copy of the Appellant’s Motion to

Withdraw was personally served on the Assistant District Attorney for Harris County, Texas

pr esently handling this Cause on the 24 th day of February, 2015.

/s/ KURT B. WENTZ

KURT B. WENTZ