Opinion
04-24-00437-CR
12-23-2024
Levi A. BRAGDON, Jr., Appellant v. The STATE of Texas, Appellee
From the 218th Judicial District Court, Wilson County, Texas Trial Court No. CRW2109190 Honorable Russell Wilson, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
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 he asserts there are no meritorious issues to raise on appeal. Counsel certifies he has served copies of the brief and motion on appellant and, has informed appellant of his right to review the record and file his own brief, and has explained to appellant the procedure for obtaining the record. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).
If appellant files a timely 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 thirty days after the pro se brief is due.
We ORDER the motion to withdraw filed by appellant's counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).
Appellant may obtain a copy of the appellate record by filing a written request, not later than January 6, 2025, with the clerk of the trial court, Deborah Bryan, District Clerk Wilson County, P.O. Box 812, Floresville, TX 78114-0812. If appellant files a written request for the record with the trial court clerk, Deborah Bryan, is ORDERED to immediately send a copy of the record to appellant.
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.