Opinion
No. 04-16-00798-CR
05-26-2017
Sarah MARTINEZ, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR5767
Honorable Frank J. Castro, Judge Presiding
ORDER
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, has informed appellant of her right to review the record and file her own brief, and has explained to appellant the procedure for obtaining the record. 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 the appellant desires to request the appellate record, she must file the motion requesting the record on or before June 5, 2017. If appellant desires to file a pro se brief, she must do so on or before July 10, 2017. See Bruns, 924 S.W.2d at 177 n.1.
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 a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.
We 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).
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court