Opinion
No. 04-18-00848-CR
04-09-2019
Eusebio CASTILLO, Jr., Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR5376A
Honorable Joey Contreras, Judge Presiding
ORDER
Appellant's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. Counsel certifies she has served copies of the brief and motion on appellant, has informed appellant of his right to review the record and file his own brief, and has provided appellant with a form motion to obtain the appellate record if he desires to do so. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.); see also Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).
If appellant desires to file a pro se brief, he must do so on or before May 9, 2019. See Bruns, 924 S.W.2d at 177 n.1.
The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.
We ORDER the motion to withdraw filed by appellant's counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of April, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court