No. 06-15-00129-CR

James Cunningham, 

 Appellant,

v.

State of Texas, 

 Appellee.

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IN THE 

COURT OF APPEALS

FOR THE

SIXTH JUDICIAL DISTRICT, 

TEXARKANA, TEXAS

MOTION TO WITHDRAW

Comes now, Clint F. Sare, counsel for Appellant, James Barcard Cunningham, in 

the above styled and numbered appeal. Movant seeks leave to withdraw as counsel for 

appellant and would show the Court: 

Movant was appointed to represent Appellant on appeal from his conviction for the 

offense of Felon in Possession of a Firearm. 

After conducting a diligent search of the record and reviewing the applicable law, 

movant has found no meritorious ground to support the appeal. 

Movant has prepared a brief setting out the evidence presented at trial, the 

applicable law, some of the potential issues for appeal and discussing why the record does 

not support the appeal. 

Movant certifies he has provided a copy of this motion, the supporting brief and a 

copy of the appellate record to appellant with the attached letter explaining his right to 

review the record and submit a response to the Court and to file a petition for discretionary 

review in the event this court affirms his conviction. 

ACCEPTED

06-15-00129-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

11/20/2015 2:45:42 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 11/20/2015 2:45:42 PM DEBBIE AUTREY Clerk
Prayer

Movant prays the Court conduct an independent examination of the record and any 

response submitted by appellant and render an order granting leave to withdraw from 

representation of appellant.

Respectfully submitted,

_/s/__Clint Sare________

Clint F. Sare

Tex. Bar No. 00788354

P.O. Box 1694

Bryan, Texas 77806

(979) 822-1505

cfs@sarelaw.com

Attorney for appellant

James Cunningham

Certificate of Service

I certify a copy of appellant’s Motion to withdraw was served on Doug Howell, 

300 E. 26th Street Ste. 310, Bryan, 77803 by personal service on November 20, 2015.

_/s/__Clint Sare___________

Clint F. Sare
102 E. 26TH ST.

BRYAN, TEXAS 77803

979-822-1505

979-822-1365 (fax)

CLINT F. SARE

ATTORNEY AT LAW

P.O. BOX 1694

BRYAN, TX 77842

cfs@sarelaw.com

November 20, 2015

James Barcard Cunningham

TDCJ # 02008042

295 I.H. 45 North

Huntsville TX 77320

Re: Appeal from Brazos No. 14-04342-CRF-85

Dear Mr. Cunningham:

Enclosed please find a motion and supporting brief I have prepared in the appeal 

from the judgment of the 85th District Court in Brazos County cause numbers 14-04342-

CRF-85. As discussed in the brief, after examining the evidence introduced at trial, I was 

unable to find a basis which would support reversal of the trial court’s judgment. Although 

the brief identifies some potential errors, these errors would not require reversal. Because 

I am barred from making arguments which would not support reversal or modification on 

appeal, I am required to ask the court to permit me to withdraw from the case. You may 

review the testimony from the trial and send a response to the Court of Appeals giving any 

reasons you believe the appeal should proceed. 

I have enclosed a copy of the trial court documents and testimony for your review. 

Please remember the court is limited to considering what happened at trial rather than 

events which were not raised by the testimony or may have occurred after trial. The court 

will review my brief, any responses you file, and the record from the trial court to determine 

if there is a ground which could support the appeal. If it finds such ground, it will send the 

case back to the trial court for another attorney to submit a brief in support. If the court of 

appeals affirms the convictions, you will receive notice and be entitled to file a petition for 

discretionary review in the Court of Criminal Appeals.

Sincerely,