Opinion
No. 04-20-00356-CR
11-16-2020
John Stewart MUELLER, Appellant v. The STATE of Texas, Appellee
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CR-19-0000009
Honorable M. Rex Emerson, Judge Presiding
ORDER
Appellant's court-appointed attorney has 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 certified he sent copies of the brief and motion to withdraw to appellant and explained appellant's rights to review the record, file a pro se brief, and file a pro se petition for discretionary review if this court determines the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition, counsel states he explained how to obtain the record, and provided appellant a motion for this purpose. See id.
If appellant desires access to the appellate record, he must file his motion by November 25, 2020. If appellant does not request access to the record and desires to file a pro se brief, the brief will be due December 28, 2020.
If appellant files a 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. Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response to counsel's brief no later than January 27, 2020.
We further order the motion to withdraw filed by appellant's counsel is held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that a motion to withdraw should not be ruled on before appellate court independently reviews the record to determine whether counsel's evaluation that the appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same); 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.
We further order the clerk of this court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court