Opinion
No. 04-19-00470-CR
12-17-2019
Bryan HOLCOMBE, Appellant v. The STATE of Texas, Appellee
From the 218th Judicial District Court, Wilson County, Texas
Trial Court No. 10-09-132-CRW
The Honorable Russell Wilson, Judge Presiding
ORDER
On December 12, 2019, appellant's appointed counsel filed a motion to withdraw as counsel and brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal.
After reviewing counsel's motion to withdraw and brief, we conclude counsel has not fully complied with Kelly v. State because there is no indication counsel has informed his client:
1. that his brief, if any, should identify those issues which he believes the Court should consider in deciding whether the case presents any meritorious issues; andSee Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014).
2. of his pro se right to seek discretionary review should this Court declare his appeal frivolous.
It is therefore ORDERED that appellant's counsel file a response indicating he has complied with the above Kelly requirements by December 27, 2019.
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of December, 2019.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court