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Chavez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 2, 2022
No. 04-22-00493-CR (Tex. App. Nov. 2, 2022)

Opinion

04-22-00493-CR

11-02-2022

Daniel Antonio CHAVEZ, Appellant v. The STATE of Texas, Appellee


From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 22-1111-CR-C Honorable William D. Old III, Judge Presiding.

ORDER

Lori I. Valenzuela, Justice.

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 he asserts there are no meritorious issues to raise on appeal. Counsel certifies he 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 explained to appellant the procedure for obtaining the record. 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.).

If appellant desires to file a pro se brief, he must do so within forty-five days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1. 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. Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response to counsel's brief no later than thirty days after the pro se brief is due.

We further 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). We further ORDER the Clerk of this Court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.


Summaries of

Chavez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 2, 2022
No. 04-22-00493-CR (Tex. App. Nov. 2, 2022)
Case details for

Chavez v. State

Case Details

Full title:Daniel Antonio CHAVEZ, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 2, 2022

Citations

No. 04-22-00493-CR (Tex. App. Nov. 2, 2022)