Opinion
No. 08-14-00227-CR
09-18-2015
RAMON ALVARADO CHACON, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 394 District Court of Brewster County, Texas (TC# 4254) ORDER
Pending before the Court is the amended motion to withdraw filed by Appellant's court-appointed attorney, G. Kirk Meade, and Appellant's pro se motion objecting to the Anders brief. Counsel concluded that the appeal is frivolous and he filed a brief in support of his motion pursuant to the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). An attorney is required to make a conscientious examination of the record before concluding that the appeal is frivolous. We previously ordered the court reporter to file a supplemental record containing voir dire and the reading of the court's charge to the jury. Counsel informed the Court in his amended motion to withdraw that he has not reviewed these portions of the record. While counsel diligently reviewed the portion of the record available to him, we conclude that counsel has not fully satisfied the requirement of Anders that he make a thorough examination of the entire case before concluding that the appeal is frivolous. The appropriate course of action is to grant the motion to withdraw. See Kelly v. State, 436 S.W.3d 313, 318-19 (Tex.Crim.App. 2014). The motion to withdraw is GRANTED and the Anders brief filed by counsel is stricken. Appellant's pro se motion objecting to the Anders brief is denied as moot. The trial court is ORDERED to appoint new counsel to represent Appellant on appeal. Appellant's brief will not be due until after the district clerk has filed the supplemental clerk's record. The supplemental clerk's record is due with this Court on or before October 18, 2015. Additionally, the submission date of September 24, 2015 is vacated.
IT IS SO ORDERED this 18 day of September, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.