Opinion
14-21-00419-CR
04-21-2022
DARIUS ALLEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1551047
Panel Consists of Justices Wise, Spain, and Hassan.
ORDER
PER CURIAM.
Before the court is a motion to withdraw as counsel filed by appellant's originally appointed counsel, David Rushing. On March 30, 2022, a supplemental clerk's record was filed with this court reflecting the trial court appointed Nicole DeBorde to address arguable issues for appeal. Accordingly, the court grants David Rushing's motion. Nicole DeBorde shall represent appellant on this appeal. This appeal is hereby reinstated. Appellant's brief is due May 23, 2022.
David Rushing filed a motion to withdraw as counsel in connection with an Anders brief he filed in this court and sent to appellant. See Anders v. California, 386 U.S. 738 (1967); Tex.R.App.P. 6.5. Rushing's motion does not comply with Rule 6.5(b) regarding delivery of the motion to his client. Tex.R.App.P. 6.5(b). However, in light of (1) this court's determination that arguable grounds for appeal exist and (2) the trial court's appointment of Nicole DeBorde as appellant's new counsel, we will nonetheless grant Rushing's motion to withdraw.