Opinion
NO. 14-16-00669-CR NO. 14-16-00670-CR
01-18-2018
DESHOAUN LEE GREEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 56th District Court Galveston County, Texas
Trial Court Cause No. 15CR1585 and 15CR1586
ORDER
Appellant was convicted by a jury of manufacture or delivery of a controlled substance in a drug free zone in cause number 14-16-00669-CR and evading arrest or detention with previous conviction in cause number 14-16-00670-CR. Appellant filed a brief on April 12, 2017, in which he raises three issues of error related to appellant's conviction for the offense of manufacture or delivery of a controlled substance in a drug free zone.
Appellant has not raised a separate issue challenging his conviction for evading arrest or detention with previous conviction in cause number 14-17-00670-CR. Counsel's failure to raise any issues addressing the conviction for evading arrest or detention with previous conviction without following the procedures of Anders v. California, 386 U.S. 738, 742-44 (1967) deprives appellant of effective assistance of counsel.
To provide appellant with effective assistance of counsel on appeal, it is ORDERED that appellant's counsel, Marcus J. Fleming, file an amended brief in compliance with the appellate rules that (1) raises any issues challenging the conviction for evading arrest or detention with previous conviction, or (2) otherwise complies with the Anders procedure if, in counsel's judgment, no non-frivolous arguments can be reasonably advanced on that issue. Appellant's amended brief is due in this court on or before February 19, 2018. Appellee will be permitted to file an amended brief within 30 days of the filing of appellant's amended brief.
PER CURIAM Panel consists of Justices Christopher, Donovan, and Jewell.