Opinion
No. 04-14-00244-CR
10-22-2014
Isaiah MATA, Appellant v. THE STATE OF TEXAS, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR8191
Honorable Raymond Angelini, Judge Presiding
ORDER
Appellant Isaiah Mata's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. Counsel sent copies of the brief and motion to withdraw to Mata and explained his rights to review the record, file a pro se brief, and file a pro se petition for discretionary review if this court determines the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition, counsel provided appellant with a full copy of the appellate record. See id.
If appellant desires to file a pro se brief, we order that he do so on or before November 21, 2014. 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 December 22, 2014.
We further order the motion to withdraw filed by appellant's counsel is held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that a motion to withdraw should not be ruled on before appellate court independently reviews the record to determine whether counsel's evaluation that the appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same). Accordingly, no new attorney will be appointed for appellant at this time.
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/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of October, 2014.
/s/_________
Keith E. Hottle
Clerk of Court