Opinion
NO. 14-16-00402-CR
04-25-2017
RAYSHAUN BOSTON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court Harris County, Texas
Trial Court Cause No. 1496717
ABATEMENT ORDER
Appellant pleaded guilty without a sentencing recommendation to aggravated sexual assault. Tex. Penal Code Ann. § 22.021 (West 2011 & Supp. 2016). The trial court accepted the plea, found him guilty, and sentenced him to life in prison. He appealed that conviction.
Appellant also pleaded guilty and was convicted of four aggravated robberies. His appeals from those convictions remain pending and are not affected by this order. See Nos. 14-16-00398-CR, 14-16-00399-CR, 14-16-00400-CR, and 14-16-00401-CR, Boston v. State.
Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
We disagree with appellate counsel's conclusion that there are no arguable issues for appeal. See Anders, 386 U.S. at 744. By way of example, and without limitation, we observe the following:
The record does not reflect whether appellant was admonished that if the trial court accepted his plea of guilty, he would be required to meet the sex offender registration requirements of Chapter 62 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 26.13(a)(5) (West 2009 & Supp. 2016). A trial court's failure to admonish a defendant of the sex offender registration requirements is subject to a harmless-error analysis. Anderson v. State, 182 S.W.3d 914, 918-19 (Tex. Crim. App. 2006). The appellate record is insufficient for this court to determine if appellant was harmed by any error.
Accordingly, the case is abated and remanded to the trial court with instructions to appoint other counsel and have a supplemental clerk's record containing that appointment filed with the clerk of this court by May 25, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's supplemental clerk's record is filed with this court.
PER CURIAM Panel consists of Justices Boyce, Donovan, and Jewell.