Opinion
06-23-00125-CR
02-12-2024
JAMES DELLWOOD ROGERS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 20F0345-102
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
James Dellwood Rogers pled guilty to driving while intoxicated, third or more. Pursuant to a plea-bargain agreement, the trial court placed Rogers on community supervision for ten years, assessed a $2,500.00 fine, and ordered him to pay $290.00 in court costs. The State moved to revoke Rogers's community supervision on the ground that he violated its terms and conditions by, among other things, consuming alcohol. After Rogers pled true to that violation, the trial court revoked Rogers's community supervision and sentenced him to ten years' imprisonment. Rogers appeals.
Rogers's attorney has filed an appellate brief in which he concludes, after a review of the record and the related law, that the appeal is frivolous and without merit. The brief presents arguable points of error, but after a discussion of the applicable law and facts, counsel has concluded that these points do not present reversible error. The brief, thus, meets the requirements of Anders v. California, 386 U.S. 738 (1967), and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
As required by the Texas Court of Criminal Appeals in Stafford, 813 S.W.2d at 511, we have conducted our own investigation of the record to discover if there are arguable grounds for appeal. We have identified an arguable issue that requires additional briefing, namely, whether the trial court expressly waived, during the revocation hearing, payment of the $2,500.00 fine and payment of its $290.00 assessment of court costs.
"When we identify issues that counsel on appeal should have addressed but did not, we need not be able to say with certainty that those issues have merit; we need only say that the issues warrant further development by counsel on appeal." Wilson v. State, 40 S.W.3d 192, 200 (Tex. App.-Texarkana 2001, order). In such a situation, we "must then guarantee appellant's right to counsel by ensuring that another attorney is appointed to represent appellant on appeal." Stafford, 813 S.W.2d at 511 (citing Anders, 386 U.S. at 744).
Accordingly, we grant current counsel's motion to withdraw, and we abate this case to the trial court for the appointment of new appellate counsel. The appointment is to be made within ten days of the date of this order. Appellate counsel is to address the issues presented here, as well as any other issues that warrant further development on appeal.
A memorialization of the trial court's appointment shall be entered into the record of this case and presented to this Court in the form of a supplemental clerk's record within ten days of the date of appointment.
The current submission date of January 29, 2024, is hereby withdrawn. We will establish a new briefing schedule upon our receipt of the supplemental clerk's record.
IT IS SO ORDERED.