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Gonzales v. State

Fourth Court of Appeals San Antonio, Texas
Dec 15, 2020
No. 04-20-00358-CR (Tex. App. Dec. 15, 2020)

Opinion

No. 04-20-00358-CR

12-15-2020

Ernest GONZALES, Appellant v. The STATE of Texas, Appellee


From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 18-05-0171-CRA
Honorable Lynn Ellison, Judge Presiding

ORDER

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 served copies of the brief and motion on appellant, informed appellant of his right to file his own brief, and informed appellant of his right to seek discretionary review should the court of appeals declare the appeal frivolous. He also states that he provided appellant with a copy of the appellate record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 (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 desires to file a pro se brief, we ORDER that he do so by January 14, 2021. 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.

We further ORDER the motion to withdraw filed by appellant's counsel held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that motion to withdraw should not be ruled on before appellate court independently reviews record to determine whether counsel's evaluation that appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same).

/s/_________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of December, 2020.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

Gonzales v. State

Fourth Court of Appeals San Antonio, Texas
Dec 15, 2020
No. 04-20-00358-CR (Tex. App. Dec. 15, 2020)
Case details for

Gonzales v. State

Case Details

Full title:Ernest GONZALES, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 15, 2020

Citations

No. 04-20-00358-CR (Tex. App. Dec. 15, 2020)