NO. 03-14-00655-CR
NATHANIEL J. FRAZIER, JR. 

### § § § § § IN THE COURT OF APPEALS 

## vs. THIRD JUDICIAL DISTRICT STATE OF TEXAS SITTING AT AUSTIN, TEXAS MOTION TO WITHDRAW AS COURT APPOINTED COUNSEL FORAPPELLANT NATHANIEL J. FRAZIER, JR. To The Honorable Justices ofthe Third Court ofAppeals, NowComes Justin S. Mock, in the above styled and numbered cause, and moves this Court to grant her Motion To Withdraw As Court Appointed Counsel For Nathaniel J. Frazier, Jr., and for good cause shows the following: I. In the 391 sr Judicial District Court of Tom Green County, Texas, in a case styled, The State of Texas vs. Nathaniel

### J Frazier, Jr.; CauseNumberD-13-0958-SA, Nathaniel J. Frazier, Jr. was chargedbyIndictment withthe felony offense ofAssault ofFamily/Household Member by Impeding Breath or Circulation. Ajurytrial tookplace onJuly 14, 2014. Frazier entered aplea of"not guilty" to charged offense and "not true" to the enhancement paragraph. At the conclusion of trial, thejuryfound Nathaniel J. Frazier, Jr. guilty as charged byparagraph one ofthe Indictment. The trial judge heard punishment phase of the trial. He found the ACCEPTED 03-14-00655-CR 5200327 THIRD COURT OF APPEALS

AUSTIN, TEXAS 5/7/2015 4:26:09 PM JEFFREY D. KYLE

CLERKenhancementparagraphto be true, and assessedpunishmentby sentencingNathaniel J. Frazier, Jr. to serve a term ofeighteen years in the Institutional Division ofthe Texas Department of Criminal Justice. The appeal of the judgment of the trial court is currently pending before this Court. 

### IL TheUnited States Supreme Court does not obligate counsel representing a client
on appeal to argue in support ofgrounds for reversal ofthe lower court'sjudgment when after a "conscientious examination" ofthe case, counsel determines appeal to be "wholly frivolous." Anders v. State of California, 386 U.S. 738, 7 44 (1967). In such situations, the United States Supreme Courthas outlined appropriate procedural steps to be takenbyappellate counsel: 1) counsel is requiredto submit a briefexamining the record for any point arguably in support ofproper grounds for reversal on appeal; 2) counsel must furnish this briefto an indigent client enabling the clientthe right to file a pro-sebriefbased onpoints ofappeal this individual maintainspresentpropergrounds for appeal; and 3) counsel may request the appellate court grant counsel's request to withdraw from the obligation ofproviding further legal representationto the client on appeal. Id. III.

2Counsel for Nathaniel J. Frazier, Jr. prepared and filed an "Anders Brief' on behalf of Appellant. After a "conscientious examination" of the case, including a diligent review ofthe Record and applicable authorities, Counsel found an absence of meritorious grounds for appeal and has determined the basis ofany appeal inthis case would be frivolous in nature. Therefore Justin S. Mock, Counsel for Appellant, respectfullyrequestthis Court acknowledge and approve his requestto withdrawfrom his court appointed duty of providing further legal representation to Appellant Nathaniel J. Frazier, Jr. on original appeal. WHEREFORE, PREMISES CONSIDERED, Counsel forAppellantpraythis Court grant this Motion To Withdraw As Court Appointed Counsel ForNathaniel J. Frazier, Jr
.. Respectfully submitted, Ellis & Mock, PLLC 125 South Irving Street San Angelo, Texas 76903 Tel: (325) 486-9800 Fax: (325) 482-0565 By: 

### Isl Justin S. Mock JUSTIN S. MOCK State BarNo. 24064155 Justin@ellisandmock.com Attorney for NATHANIEL J. FRAZIER, JR.
3CERTIFICATE OF CONFERENCE This is to certify that on May 7, 2015, I conferred with Mr. Jason Ferguson, Assistant DistrictAttorney, DistrictAttorney's Office, Tom Green County, andhe was not opposed to this request. 

### Isl Justin S. Mock Justin S. Mock

4CERTIFICATE OF SERVICE
This is to certify that on May 7, 2015, a true and correct copy ofthe above and foregoing Motionto Withdraw as CourtAppointed Counsel for NathanielJ. Frazier, Jr.
was served in accordance with Rule 9.5 ofthe Texas Rules ofAppellate Procedure on each party and/or counsel as listed below: The State ofTexas Mr. Jason Ferguson Tom Green County District Attorney 124 West Beauregard Avenue San Angelo, Texas 76903 Appellee Mr. Nathaniel J. Frazier, Jr. TDCJNo. 01942796 John B. Connally Unit 899 FM 632 Kenedy, TX 78119 Appellant By Personal Delivery

By Certified Mail

/s/ Justin S. Mock JUSTIN S. MOCK, Attorney for Appellant

5NO. 03-14-00655-CR
NATHANIEL J. FRAZIER, JR. 

### § § 

### § § § IN THE COURT OF APPEALS 

# vs. THIRD JUDICIAL DISTRICT STATE OF TEXAS SITTING AT AUSTIN, TEXAS

CERTIFICATE OF COUNSEL 

### In compliance with the requirements of

### Anders v. California, 386 U.S. 378 (1967), I, Justin S. Mock, court-appointed counsel for appellant, NATHANIEL J. 

### FRAZIER, JR., 

### in the above-referenced appeal, do hereby verify, in writing, to the Court that I have:

I. 

### notified appellant that I filed a motion to withdraw as counsel with an accompanying

### Anders brief, and provided a copy ofeach to appellant; 2. 

### informed appellant ofhis right to file a pro se response identifying what he believes to be meritorious grounds to be raised in his appeal, should he so desire; 3. 

### advised appellant ofhis right to review the appellate record, should he wish to do so, preparatory to filing that response; 4. 

### explained the process for obtaining the appellate record, provided a 

### Motion for Pro SeAccess to the Appellate Record lacking only appellant's

signature and the date, and provided the mailing address for this Court; and 5. 

### informed appellant ofhis right to seek discretionary review pro se should this Court declare his appeal frivolous. ACCEPTED 03-14-00655-CR 5200327 THIRD COURT OF APPEALS

AUSTIN, TEXAS 5/7/2015 4:26:09 PM JEFFREY D. KYLE

CLERKRespectfully submitted, Ellis & Mock, PLLC 125 South Irving Street San Angelo, Texas 76903 Tel: (325) 486-9800 Fax: (325) 482-0565
By: /s/ Justin S. Mock Justin S. Mock State BarNo. 24064155 Attorney for NATHANIEL J. FRAZIER, JR.

2