Opinion
No. 10-15-00289-CR
01-07-2016
SHARICE RIVERA-TORRES, Appellant v. THE STATE OF TEXAS, Appellee
From the 52nd District Court Coryell County, Texas
Trial Court No. FDP-14-22479
ORDER
An Anders brief was filed by appellant's counsel on December 21, 2015. There are procedural problems with this brief.
It was not signed by counsel and it was not sent to appellant. See TEX. R. APP. P. 9.1(a); In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). No motion to withdraw was filed with the Anders brief. A motion to withdraw must be filed before we can proceed further with this appeal. In re Schulman, 252 S.W.3d at 412. Further, the Court has not been presented with an adequate basis to determine that counsel has complied with his "educational burdens" and fully informed the appellant of the right to review the appellate record, to file a brief or other response, and to file a pro se petition for discretionary review. See Meza v. State, 206 S.W.3d 684, 689 n. 23 (Tex. Crim. App. 2006) (discussion of counsel's "educational burdens" when filing an Anders brief). See also In re Schulman, 252 S.W.3d 403, 408-09 (Tex. Crim. App. 2008).
Recently, we have modified the procedures regarding how a defendant obtains access to the record. See Stanley v. State, ___ S.W.3d ___, No. 10-14-00320-CR, 2015 Tex. App. LEXIS 4719 (App.—Waco May 7, 2015, order). --------
Accordingly, counsel is ordered to submit an amended brief which is signed and has been sent to appellant and file a motion to withdraw within 14 days of the date of this Order. Counsel is also ordered to provide to the Court, within 14 days of the date of this order, some form of indication that counsel has provided appellant with a copy of the motion to withdraw and the brief and has fully informed the appellant of 1) the right to review the appellate record and how to obtain that record, if necessary, 2) the right to file a brief or other response, and 3) the right to file a pro se petition for discretionary review. Compliance with these "educational burdens" may be in the form of a certificate attached to the motion to withdraw.
The failure to comply with the Court's order will result in the striking of appellant's Anders brief.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed January 7, 2016