Opinion
Appellate case number: 01-18-00358-CR
02-06-2020
Herman Alfredo Lopez v. The State of Texas
ORDER Trial court case number: 16-CR-2498 Trial court: 212th District Court of Galveston County
Appellant's court-appointed counsel filed a brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel has not, however, filed a motion to withdraw from representation. If appointed counsel believes that an appeal is frivolous, counsel must request permission to withdraw. See id. An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See id.; In re Schulman, 252 S.W.3d 403, 406-08 (Tex. Crim. App. 2008). Accordingly, we order appellant's appointed counsel, Zachary Maloney, to file with the Clerk of this Court within 7 days of the date of this order a motion to withdraw that complies with Texas Rules of Appellate Procedure 6.5 and 9. See TEX. R. APP. P. 6.5, 9; Schulman, 252 S.W.3d at 410, 412.
Furthermore, counsel's Anders brief includes a certificate of service stating that the brief "can not be served on Appellant by certified mail" because "Appellant was paroled to Immigrations and Customs Enforcement for an immigration detainer" and "[h]is whereabouts are unknown." Counsel is ordered to state in his motion to withdraw any attempts to locate appellant. However, a defendant who fails to keep his attorney informed of his current address forfeits the right to receive a copy of the Anders brief and the right to file a pro se response. In re Schulman, 252 S.W.3d 403, 408 n. 21 (Tex. Crim. App. 2008) (citing Gonzales v. State, 903 S.W.2d 404, 405 (Tex. App.—Texarkana 1995, no pet.).
It is so ORDERED. Judge's signature: /s/ Sarah B. Landau
Acting individually Date: February 6, 2020