Opinion
No. 04-17-00383-CR
01-08-2018
Jamie LONGORIA, Appellant v. The STATE of Texas, Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR10053
Honorable Melisa Skinner, Judge Presiding
ORDER
Appellant's court-appointed counsel 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 his right to review the record and file his 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.).
If appellant desires to file a pro se brief, he must do so within forty-five (45) days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1.
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. Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response to counsel's brief no later than thirty days after the pro se brief is due.
Appellant may obtain a copy of the appellate record by filing a written request, not later than January 22, 2018 with the clerk of the trial court, Bexar County District Clerk, Paul Elizondo Tower, 101 W. Nueva Suite 217, San Antonio, TX 78205. If appellant files a written request for the record with the trial court clerk, Donna McKinney is ORDERED to immediately send a copy of the record to appellant.
We further ORDER the motion to withdraw filed by appellant's counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).
We further ORDER the Clerk of this Court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of January, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court