Opinion
NO. 02-16-00370-CR NO. 02-16-00371-CR NO. 02-16-00377-CR
06-28-2017
FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY
TRIAL COURT NO. CR-2014-07164-B, CR-2014-09118-B, CR-2012-08863-B
ORDER
On April 20, 2017, appellant's retained counsel informed this court that he would not be filing a brief but did not explain why. This court abated the appeal for the trial court to make findings regarding whether appellant intends to prosecute the appeal, whether appellant is indigent and should be appointed new counsel, and if not, whether retained counsel has abandoned the appeal. At the hearing, retained counsel told the trial court that he believes there are no nonfrivolous issues that he could raise on appeal. The trial court nevertheless found that appellant wants to prosecute his appeal, is not indigent, and does not wish to seek new counsel or continue the appeal without counsel.
In Hofflein v. State, this court described the procedures to be followed when retained counsel is not able find any nonfrivolous issues to brief on appeal: "[A] retained attorney, on determining that an appeal is frivolous, must inform the court that the appeal has no merit and seek leave to withdraw by filing a motion complying with rule of appellate procedure 6.5." No. 02-11-00057-CR, 2012 WL 407383, at *1 (Tex. App.—Fort Worth Feb. 9, 2012, no pet.) (mem. op., not designated for publication).
Accordingly, if retained counsel still believes that there are no nonfrivolous grounds to raise on appeal—and appellant still does not wish to proceed pro se—we order retained counsel, David Wacker, to file a motion to withdraw in compliance with rule 6.5 as described in Hofflein, no later than Monday, July 10, 2017.
The clerk of this court is directed to transmit a copy of this order to appellant, the attorneys of record, the trial court judge, and the trial court clerk.
DATED June 28, 2017.
PER CURIAM