Opinion
No. 04-16-00791-CR
05-03-2018
Margaret L. KNOBLAUCH, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10598
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
On February 22, 2018, we abated this case to the trial court for an abandonment hearing. The trial court has filed its findings of fact and conclusions of law, and the court reporter and trial court clerk have filed supplemental records as ordered. The trial court found that appellant desired to prosecute her appeal and is indigent. The trial court further found that appellant's court-appointed attorney did not abandon the appeal.
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 has served copies of the brief and motion on appellant, and has informed appellant of her right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85 (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.). Counsel additionally certifies "a copy of the clerk's record and reporter's record was emailed to the appellant when" counsel filed the brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).
A Notice of Appearance was filed by retained counsel on March 29, 2018. Retained counsel has filed a motion for extension of time requesting an additional thirty days in which to file appellant's brief.
We, therefore, ORDER this appeal reinstated on the docket of this court. We GRANT retained counsel's motion for extension of time. We additionally GRANT appointed counsel's request to withdraw.
Appellant's brief is due on or before May 10, 2018. The State's brief is due no later than thirty days after appellant's brief is filed.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court