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 

FOR APPELLANT NATHANIEL J. FRAZIER, JR. 

To The Honorable Justices of the Third Court of Appeals, Now Comes 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.; Cause Number D-13-0958-SA, 

Nathaniel J. Frazier, Jr. was charged by Indictment with the felony offense of Assault 

of Family/Household Member by Impeding Breath or Circulation. 

A jury trial took place on July 14, 2014. Frazier entered a plea of "not guilty" to 

charged offense and "not true" to the enhancement paragraph. At the conclusion of 

trial, the jury found Nathaniel J. Frazier, Jr. guilty as charged by paragraph one of the 

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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/7/2015 4:26:09 PM JEFFREY D. KYLE Clerk
enhancement paragraph to be true, and assessed punishment by sentencing Nathaniel J. 

Frazier, Jr. to serve a term of eighteen years in the Institutional Division of the Texas 

Department of Criminal Justice. The appeal of the judgment of the trial court is 

currently pending before this Court. 

IL 

The United States Supreme Court does not obligate counsel representing a client 

on appeal to argue in support of grounds for reversal of the lower court's judgment 

when after a "conscientious examination" of the 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 Court has outlined appropriate procedural steps 

to be taken by appellate counsel: 1) counsel is required to submit a brief examining the 

record for any point arguably in support of proper grounds for reversal on appeal; 2) 

counsel must furnish this brief to an indigent client enabling the client the right to file a 

pro-se brief based on points of appeal this individual maintains present proper grounds 

for appeal; and 3) counsel may request the appellate court grant counsel's request to 

withdraw from the obligation of providing further legal representation to the client on 

appeal. Id. 

III. 

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Counsel 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 of the Record and applicable authorities, Counsel found an absence of 

meritorious grounds for appeal and has determined the basis of any appeal in this case 

would be frivolous in nature. Therefore Justin S. Mock, Counsel for Appellant, 

respectfully request this Court acknowledge and approve his request to withdraw from 

his court appointed duty of providing further legal representation to Appellant 

Nathaniel J. Frazier, Jr. on original appeal. 

WHEREFORE, PREMISES CONSIDERED, Counsel for Appellant pray this 

Court grant this Motion To Withdraw As Court Appointed Counsel For Nathaniel 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 Bar No. 24064155 

Justin@ellisandmock.com 

Attorney for NATHANIEL J. FRAZIER, 

JR. 

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CERTIFICATE OF CONFERENCE 

This is to certify that on May 7, 2015, I conferred with Mr. Jason Ferguson, 

Assistant District Attorney, District Attorney's Office, Tom Green County, and he was 

not opposed to this request. 

Isl Justin S. Mock 

Justin S. Mock 

4 
CERTIFICATE OF SERVICE 

This is to certify that on May 7, 2015, a true and correct copy of the above and 

foregoing Motion to Withdraw as Court Appointed Counsel for Nathaniel J. Frazier, Jr. 

was served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on 

each party and/ or counsel as listed below: 

The State of Texas 

Mr. Jason Ferguson 

Tom Green County District Attorney 

124 West Beauregard A venue 

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 

5 
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 

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 of each to appellant; 

2. informed appellant of his 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 of his 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 Se Access to the Appellate Record lacking only appellant's 

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

5. informed appellant of his 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

CLERK
Respectfully 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 Bar No. 24064155 

Attorney for NATHANIEL J. FRAZIER, 

JR. 

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