Opinion
No. 04-13-00118-CR
07-18-2013
Aaron Patrick ALANIZ, Appellant v. THE STATE OF TEXAS, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR1543
The Honorable Angus McGinty, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
On July 9, 2013, Aaron Patrick Alaniz's appointed appellate attorney filed his appellant's brief. The brief fails to comply with the requirements of the Texas Rules of Appellate Procedure in the following respects. The substantive part of the brief contains only one section, entitled "Summary of the Argument." See TEX. R. APP. P. 38.1 (requiring separate sections, under appropriate headings, for the statement of facts, summary of the argument, and argument). The "Summary of the Argument" includes only a summary of some of the evidence presented at trial and assertions about the witnesses' lack of credibility. The brief contains no legal argument or analysis and is not supported by appropriate citations to authorities. See TEX. R. APP. P. 38.1(i).
Briefs are meant to acquaint the court with the issues in the case and to present argument that will enable the court to decide the case. TEX. R. APP. P. 38.9. The court has determined that the appellant's brief fails to achieve these purposes and that counsel has flagrantly violated Rule 38. Accordingly, we strike appellant's brief and order counsel, Warren Weir, to file a redrawn brief by August 2, 2013. See TEX. R. APP. P. 38.9(a). If the redrawn brief does not correct the violations, we may strike the brief and remand the cause to the trial court for appropriate action, including appointment of new appellate counsel. See TEX. R. APP. P. 38.9(a) (if redrawn brief is insufficient, court may proceed as if party had failed to file a brief); R. 38.8(b) (remand for hearing when appellant fails to file a brief).
We further order the clerk of this court to send a copy of this order and appellant's brief to the trial court.
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of July, 2013.
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Keith E. Hottle
Clerk of Court