Opinion
10-23-00327-CR 10-23-00331-CR10-23-00368-CR
03-13-2024
OSCAR REVELES CARRETE, Appellant v. THE STATE OF TEXAS, Appellee
From the 13th District Court Navarro County, Texas Trial Court Nos. D41466-CR, D41468-CR, and D39513-CR
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM
A motion to withdraw from the representation of appellant supported by an Anders brief was presented for filing in each of these appeals by appellant's appointed counsel and filed by the Clerk of this Court on February 5, 2024. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). By letter dated February 12, 2024, the Clerk of this Court notified counsel that nothing in the filed documents indicated counsel provided appellant with copies of the motions to withdraw and briefs in support thereof or informed appellant of his right to review the appellate records, to file pro se responses in this Court, and to file pro se petitions for discretionary review in the Court of Criminal Appeals. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400, 18 L.Ed.2d at 498; see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014) (specifying appointed counsel's obligations upon filing a motion to withdraw supported by an Anders brief). Counsel's briefs only noted that he "will" comply with the Anders/Kelly requirements and indicated that copies of counsel's briefs, the records, the motions to withdraw, and the "letter explaining these matters" in each appeal "will be" sent to appellant "via certified post, return-receipt requested on February 5, 2024."
As of the date of the Clerk's letter, the Court had no confirmation that counsel had completed what he said would be done. Thus, counsel was instructed to supply this Court with confirmation that counsel had performed the required Anders/Kelly obligations within 21 days from the date of the Clerk's letter. More than 21 days have passed, and the Court has received nothing to indicate counsel has complied with the specified Anders/Kelly obligations.
Accordingly, these appeals are ABATED and these cases are remanded to the trial court to conduct a hearing, within 14 days from the date of this Order, to determine whether counsel has complied with the specified Anders/Kelly obligations. If the trial court determines counsel has complied with the specified obligations, the trial court shall order counsel to provide confirmation of said compliance in each appeal to this Court within seven days from the date of the trial court's hearing. If the trial court determines counsel has not complied with the specified obligations, the trial court shall order counsel to provide proof of compliance of said obligations in each appeal to this Court by a date certain, not later than 14 days from the date of the trial court's hearing.
These appeals will be automatically reinstated 30 days from the date of this Order or upon receipt of counsel's proof of compliance or confirmation of compliance with the specified obligations, whichever is earlier.
Appeals abated.