Opinion
01-22-00507-CR
12-12-2023
Ladamion Lamond Majors v. The State of Texas
54th District Court of McLennan County Trial court case number: 2020-294-C2
Panel consists of Justices Goodman, Countiss, and Farris.
ORDER
APRIL L. FARRIS, JUDGE
Ladamion Lamond Majors appeals his conviction for aggravated robbery. Majors' appointed attorney has filed a brief in which he concludes that, after a review of the record and pertinent law, the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). Majors did not file a pro se response.
Under Anders, if an appointed attorney concludes, after reviewing the record and applicable law, that the appeal is without merit, he must advise the court, file a motion to withdraw, and file a brief discussing any issue that might arguably support the appeal. See id. at 744; Kelly v. State, 436 S.W.3d 313, 318 (Tex. Crim. App. 2014). The appellate court must then perform an independent examination of the record and the law to determine whether the appeal is frivolous. See Anders, 386 U.S. at 744. The question before us is not who will ultimately prevail but instead whether any non-frivolous issue exists. If the court determines that there are arguable issues, it must abate the appeal and remand with orders for the trial court to appoint new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
After examining the record and applicable law, the court has determined that nonfrivolous issues may exist. Accordingly, the court strikes appellant's brief, grants the motion to withdraw, abates the appeal, and remands the case to the trial court for appointment of new counsel. The appellant's brief will be due within 30 days after new counsel is appointed.
It is so ORDERED.