Opinion
04-24-00194-CR
11-08-2024
Mark Daniel MALLOW, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR6599 Honorable Christine Del Prado, Judge Presiding.
ORDER
Liza A. Rodriguez, Justice
On November 4, 2024, appellant's court-appointed counsel filed a motion to extend the time to file appellant's brief along with the brief and a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). In the brief and motion to withdraw, counsel asserts there are no meritorious issues to raise on appeal. Counsel certifies he has served copies of the brief and motion on appellant, informed appellant of his right to review the record and file a pro se brief identifying what he believes to be meritorious grounds to be raised on appeal, provided appellant with a form for requesting the record, explained to appellant the procedure for obtaining the record, and notified appellant of his right to seek discretionary review if this court concludes the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); 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.).
As of the date of this order, appellant has not filed a request for the record. Any such request for the record is due on or before November 18, 2024.
If appellant desires to file a pro se brief, we ORDER him to do so on or before December 23, 2024.
The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file its brief no later than thirty days after appellant's pro se brief is filed in this court.
We GRANT counsel's motion to extend the time to file appellant's brief. We further ORDER counsel's motion to withdraw 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, 41011 (Tex. Crim. App. 2008).