Opinion
Appellate case number: 01-18-00625-CR
05-14-2019
Howard Forrest Risher v. The State of Texas
ORDER Trial court case number: 1513823 Trial court: 208th District Court of Harris County
Appellant's appointed counsel has moved to withdraw from this appeal and filed a brief concluding that the appeal is frivolous. See Anders v. California, 386 U.S. 738, 744 (1967). Under Anders, if appointed counsel concludes after reviewing the record and applicable law that the appeal is without merit, counsel 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).
Based on our independent review of the record and applicable law, we conclude that a nonfrivolous issue may exist. Accordingly, we strike counsel's Anders brief and grant counsel's motion to withdraw. We abate this appeal and remand the cause for the trial court to appoint new appellate counsel. The trial court is ordered to inform this Court in writing of the identity of new counsel and the date of appointment within 20 days of the date of this order. Appellant's brief will be due 30 days after the trial court appoints new counsel. This appeal will be reinstated after the notice of appointment is received by this Court.
It is so ORDERED. Judge's signature: /s/ Gordon Goodman
Acting individually Date: May 14, 2019