Opinion
04-23-00875-CV
11-21-2023
IN THE INTEREST OF K.Z.S., a Child
From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-01424 Honorable Raul Perales, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
Appellant's court-appointed attorney filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which counsel asserts there are no meritorious issues to raise on appeal. Counsel certifies she served copies of the brief and motion on appellant, informed appellant of her right to review the record and file her own brief and provided appellant with a form for requesting the record and explained to appellant the procedure for obtaining the record. See Kelly v State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). As of the date of this order, appellant has not filed the record-request motion provided to her by her counsel.
If appellant desires to file a pro se brief, we order she do so by December 21, 2023. At this time, the State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. 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 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); see also Kelly, 436 S.W.3d at 319 (appointed counsel's duties of representation do not cease when he files a motion to withdraw; counsel must continue to "act with competence, commitment and dedication to the interest of the client" until the court of appeals grants the motion). Accordingly, no new attorney will be appointed for appellant at this time.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2023.