State of Florida

..........v................................Case No. 94-803CF

Robert F. Allston,
Defendant

COMES NOW the undersigned attorney of record for the defendant, Robert F. Allston, and prays this Court to enter its order granting leave to withdraw as counsel for the defendant herein, and as grounds therefore would show the Court:

1. There have arisen irreconcilable differences between the defendant and the undersigned in that the defendant refuses to communicate with counsel; refuses to cooperate with counsel; and refuses to follow counsel's legal advice.

2. Due to the irreconcilable differences which have arisen between the undersigned and his client, the undersigned will be unable to effectively and properly continue representing the defendant herein.

3. The undersigned attorney has taken other employment and will no longer be practicing law.

4. The last known address of the defendant herein is:

Robert Allston
P.O. Box 1751
Fort Myers, Florida 33902.

WHEREFORE, upon hearing hereof, the undersigned prays that this Court enter its order allowing withdrawal herein.

I hereby certify that a true and correct copy of the above and foregoing Motion to Withdraw as Attorney has been furnished on September 9, 1996 to: Joseph P. D'Alessandro, State Attorney, Lise Crane Plattner, Assistant State Attorney, P.O. Box 399, Fort Myers, Fl 33902; and to the defendant at the above listed address.

John Hendry
Florida Bar No. 151437
Elver, Abell and Hendry, P.A.
Attorneys for Defendant
P.O. Drawer 2280
LaBelle, Fl 33935
(941) 675-5800