Opinion
No. 05-15-00687-CR
11-13-2015
CHRISTY ALLANE RODRIGUEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 397th Judicial District Court Grayson County, Texas
Trial Court Cause No. 064768
ORDER
On September 8, 2015, this Court struck the first Anders brief filed by counsel because it did not satisfy the requirements of Anders v. California and its progeny. Specifically, we noted the brief did not address the trial court's rulings on appellant's pretrial motions, voir dire, the trial court's evidentiary rulings, the jury charges and any objections to them, the sentence imposed, or the sufficiency of trial counsel. We ordered counsel to file either an amended Anders brief that addressed the complete trail, including the identified deficiencies, or to file a brief raising issues on the merits. The Court also granted counsel a thirty-day extension of time to file the amended brief. On November 9, 2015, counsel filed a second Anders brief. Although the new brief addresses the pretrial motions and the effectiveness of trial counsel, the brief makes no mention of voir dire or the jury charges from both the guilt and punishment phases of trial. Therefore, we conclude the brief again does not satisfy the requirements of Anders v. California. Therefore, in the interest of expediting the appeal, this is the order of the Court.
We STRIKE the Anders brief filed on November 9, 2015.
We GRANT the September 1, 2015 motion of Matthew Hamilton to withdraw as appellant's counsel. We DIRECT the Clerk to remove Matthew Hamilton as appellant's appointed attorney of record.
We ORDER the trial court to appoint new counsel to represent appellant on this appeal and to transmit to this Court the order appointing new counsel with TWENTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Brian Gary, Presiding Judge, 397th Judicial District Court; Matthew Hamilton; and the Grayson County District Attorney's Office.
We ABATE the appeal to allow the trial court to comply with this order. We will reinstate the appeal twenty days from the date of this order or when the order appointing new counsel is received.
/s/ ADA BROWN
JUSTICE