Opinion
01-22-00758-CR
07-18-2023
Samuel Alejandro Garza v. State of Texas
344th District Court of Chambers County No. 21DCR0343
Panel consists of Justices Goodman, Landau, and Rivas-Molloy
ORDER
Sarah Beth Landau, Judge
Samuel Alejandro Garza's appellate counsel has filed a motion to withdraw as counsel in this case. An appointed lawyer who files an Anders brief must complete additional steps before a motion to withdraw shall be granted. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Appellate counsel must (1) inform Garza of the motion to withdraw and the accompanying Anders brief, providing him a copy of each; (2) inform Garza of his right to file a pro se response and of his right to review the record preparatory to filing that response; (3) inform Garza of his pro se right to seek discretionary review should this Court declare his appeal frivolous; and (4) take concrete measures to initiate and facilitate the process of actuating Garza's right to review the appellate record, if that is what Garza wishes. Id. Because the motion to withdraw does not show that appellate counsel has informed Garza of his right to file a petition for discretionary review, the motion to withdraw is denied.
Appellate counsel shall inform Garza of his right to file a petition for discretionary review should this Court declare his appeal frivolous and file a new motion to withdraw certifying to the Court that he has completed all required steps within 10 days of this order.
It is so ORDERED.