Opinion
No. 04-19-00470-CR
12-23-2019
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
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 served copies of the brief and motion on appellant, informed appellant of his right to review the record and file his own brief, informed appellant of his right to seek discretionary review should the court of appeals declare the appeal frivolous, and provided appellant with a copy of the appellate the record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 (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, we ORDER that he do so by February 6, 2020. 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 further ORDER the motion to withdraw filed by appellant's counsel held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that motion to withdraw should not be ruled on before appellate court independently reviews record to determine whether counsel's evaluation that appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same).
/s/_________
Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of December, 2019.
/s/_________
MICHAEL A. CRUZ,
Clerk of Court