Opinion
05-24-00456-CV
07-12-2024
IN THE INTEREST OF O.O., A CHILD
On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. FA-22-0669
ORDER
ERIN A. NOWELL PRESIDING JUSTICE
Before the Court is attorney Quiency Brannan's motion to withdraw as court-appointed counsel for Father Octavio Olvera. Quiency Brannan filed an Anders brief stating he was unable to identify any non-frivolous issues that could be raised on appeal. However, appointed appellate counsel cannot file an Anders brief in a case in which counsel also served as trial counsel, and Quiency Brannan served as Mr. Olvera's trial counsel in this case. See In re D.D., 279 S.W.3d 849, 850 (Tex. App.-Dallas 2009, pet. denied); see also Matter of J.H.D., No. 05-22-00664-CV, 2023 WL 2596068, at *2 (Tex. App.-Dallas Mar. 22, 2023, no pet.). Accordingly, we GRANT counsel's motion to withdraw and DIRECT the Clerk to remove Quiency Brannan as counsel for Mr. Olvera. We STRIKE the brief filed by Quiency Brannan in this case.
We ORDER the trial court to appoint new counsel to represent Mr. Olvera in this appeal and to transmit a supplemental clerk's record including the order appointing new counsel to this Court within TEN DAYS of the date of this order. Once appointed, new appellate counsel shall investigate the record and file a brief addressing any and all grounds that might arguably support the appeal within TWENTY DAYS of the date of the appointment.
We DIRECT the Clerk to send copies of this order to the Honorable James P. Fallon, Presiding Judge, 15th District Court, 100 W. Houston, Sherman, Texas, 75090.