Opinion
No. 05-05-00458-CR
Opinion Filed July 24, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 292nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-02115-KV. Abated.
Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.
OPINION
James Bell McCoy, Sr. entered a not guilty plea before the jury to a charge of aggravated sexual assault. After the State rested its case, appellant changed his plea to guilty. The jury found appellant guilty and assessed punishment at thirty-five years confinement and a $10,000 fine. On appeal, appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous, without merit, and there are no arguable grounds to advance. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Appellant filed a pro se response to counsel's brief, several letters, and some documents in which he contended that there are arguable issues regarding an ex post facto application of the statute of limitations, violations of his rights to a speedy trial and due process of law, ineffective assistance of trial and appellate counsel, and alteration of the record. Without reaching the merits of appellant's contentions, we conclude an arguable issue exists regarding the trial court's admonishments to appellant. The record does not show that the trial court admonished appellant before accepting his guilty plea that he would have to register as a sex offender. See Tex. Code Crim. Proc. Ann. Art. 26.13(a)(5) (Vernon Supp. 2005); Anderson v. State, 182 S.W.3d 914, 918 (Tex.Crim.App. 2006). Because the absence of the admonishment is error subject to a harm analysis, we cannot agree with counsel's determination that the appeal is wholly frivolous. See Anderson, 182 S.W.3d at 918-20; Webb v. State, 156 S.W.3d 653, 655-56 (Tex.App.-Dallas 2005, pet. ref'd). We grant appellate counsel's motion to withdraw. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We abate the appeal and remand it to the trial court. We order the trial court to appoint new appellate counsel to represent appellant, investigate the record, and file a brief on the merits. See id. In the brief, counsel should discuss the sufficiency of the trial court's admonishments and any other grounds that might arguably support the appeal. See id. We further order the trial court to inform this Court in writing of the identity of appellate counsel and the date counsel is appointed. We remove the cause from the submission docket.