Opinion
No. 05-14-00477-CV
06-13-2014
IN THE INTEREST OF: Z.C.S., A CHILD
On Appeal from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. FA-12-2032
ORDER
Before the Court is the May 30, 2014 Motion of appellant's counsel, John Hunter Smith, to withdraw as appellate counsel and an Anders brief in support of the motion. The record reflects that Mr. Smith also represented appellant at trial. The Court has held that appellate counsel who also served as trial counsel may not file an Anders brief. Rather, if counsel reaches a point in the appeal where he believes the appeal is frivolous and that an Anders brief is appropriate, counsel should file a motion to withdraw explaining the conflict, and the appellate court may then abate the appeal for the trial court to appoint new counsel. See Chandler v. State, 988 S.W.2d 827, 828 (Tex. App.-Dallas 1999, no pet.).
Accordingly, we STRIKE the appellant's brief filed by Mr. Smith and grant his motion to withdraw. We DIRECT the Clerk to remove John Hunter Smith as appellant's attorney of record.
We ORDER the trial court to appoint new counsel to represent appellant in this appeal and to transmit the order of appointment to this Court within FIFTEEN DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Jim Fallon, Presiding Judge, 15th Judicial District Court of Grayson County; John Hunter Smith; and the Grayson County District Attorney's Office.
JIM MOSELEY
JUSTICE