Opinion
04-23-00819-CR
12-29-2023
Eloy JARAMILLO, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 22-11-00142-CRK Honorable Russell Wilson, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
Appellant's court-appointed attorney filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which counsel 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 review the record and file his own brief, and provided appellant with a form for requesting the record and explained to appellant the procedure for obtaining the record. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).
On December 27, 2023, appellant filed a motion requesting access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 320-21 (Tex. Crim. App. 2014). After consideration, we grant appellant's request for a copy of the record, and we order the District Clerk of Bexar County to prepare and send a full and complete duplicate copy of the clerk's record and the reporter's record for cause number CAUSE NO. 22-11-00142-CRK to appellant at:
Eloy Jaramillo TDCJ No. 02463294 Bradshaw Unit P.O. Box 9000 3900 West Loop 571 North Henderson, TX 75653
We further order the District Clerk to file written notice in this court by January 8, 2024 confirming the date the record was sent to appellant.
If appellant desires to file a pro se brief, we order he do so no later than thirty days after receiving the appellate record. 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 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); see also Kelly, 436 S.W.3d at 319 (appointed counsel's duties of representation do not cease when he files a motion to withdraw; counsel must continue to "act with competence, commitment and dedication to the interest of the client" until the court of appeals grants the motion). Accordingly, no new attorney will be appointed for appellant at this time.