Opinion
05-22-00556-CV
07-28-2023
IN THE MATTER OF M.W., A JUVENILE
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-20-00351-X
Before Justices Molberg, Reichek, and Breedlove
ORDER
KEN MOLBERG JUSTICE
For the reasons set forth in our opinion of this date, we order as follows:
We STRIKE the brief filed in this case by M.W.'s appointed appellate counsel on August 17, 2022. We ORDER appellant's counsel, within 14 days of the date of this opinion, to either (1) file a brief that addresses arguable issues found within the record, or (2) if, after a thorough and professional review of the record, counsel identifies no such arguable issues, file an Anders brief that complies with the requirements of High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 318-20 (Tex. Crim. App. 2014). In doing so, we express no opinion as to whether there is, or is not, a potentially meritorious issue in this record; determining whether the form of an Anders brief is sufficient is an inquiry that is legally distinct from determining whether, in substance, counsel has correctly concluded the appeal is wholly frivolous. See Arevalos, 606 S.W.3d at 916 n.4.
Additionally, per Texas Rule of Appellate Procedure 34.6(d), we DIRECT the official court reporter to prepare, certify, and file in the appellate court, within 7 days of the date of this opinion, a supplemental reporter's record containing State's Exhibit 1 from the March 2, 2022 adjudication and disposition proceedings, or, in the alternative, DIRECT the trial court to specify the location in the clerk's record in which the document(s) contained in State's Exhibit 1 may be found.
Finally, we DIRECT the Clerk to send copies of this order to the Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District Court of Dallas County; the Honorable Derrick Morrison, Associate Judge of the 305th Judicial District Court of Dallas County; Arturo Neria, Jr., official court reporter for the 305th Judicial District Court of Dallas County; and to counsel for all parties.
Any motion for an extension of time to comply with our order will be looked upon with disfavor.