Opinion
NO. 14-20-00479-CV
12-17-2020
On Appeal from the 313th District Court Harris County, Texas
Trial Court Cause No. 2019-02125J
ORDER
This court has not received sufficient assurance that appellant received a copy of the Anders brief filed in this appeal in compliance with Anders v. California, 386 U.S. 738 (1967). We have issued three orders requiring counsel to provide this court with a copy of the certified mail return receipt that counsel received when she mailed appellant a copy of the brief in this matter. Rather than comply with those orders, counsel sent a transmittal letter with appellant's address redacted.
Because we have not received sufficient assurance that appellant received a copy of the Anders brief filed in this appeal, we are withdrawing the opinion and judgment issued on October 29, 2020 and further order the trial court to conduct a hearing with appellant, counsel for appellant, and counsel for the department present to determine whether appellant received a copy of the Anders brief filed by counsel and if appellant did not receive a copy, whether the trial court should appoint new counsel on appeal. The trial court shall see that a record of the hearing is made, shall make findings of fact, and shall order the trial clerk to forward a transcribed record of the hearing, and a supplemental clerk's record containing the findings. Those records shall be filed with the clerk of this court on or before January 8, 2021.
PER CURIAM Panel Consists of Justices Christopher, Jewell, and Zimmerer.