Opinion
No. 05-02-01515-CR.
Opinion filed May 11, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 219th Judicial District Court Collin County, Texas, Trial Court Cause No. 219-80863-01. Abated and Remanded.
Before Justices JAMES, FITZGERALD and LANG-MIERS.
MEMORANDUM OPINION
Buddy Wayne Rowe appeals his conviction for failure to stop and render aid. The trial court found appellant guilty and, after finding two enhancement paragraphs true, assessed punishment at thirty years of confinement. Appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. He also filed a motion to withdraw. See Anders v. California, 386 U.S. 738 (1967); Jeffery v. State, 903 S.W.2d 776, 779 (Tex. App.-Dallas 1995, no pet.). After reviewing the record and the arguments of counsel, we conclude the record contains an least one arguable issue: there is a variance between the nunc pro tunc written judgment and the actual findings of the court at trial in regards to the enhancement paragraphs. Depending upon the trial court's findings, the punishment range is affected. We grant appellate counsel's motion to withdraw. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We abate this appeal and remand the case to the trial court. We order the trial court to appoint new appellate counsel to represent appellant, investigate the record, and file a brief on the merits for appellant. Id. We further order the trial court to inform this court in writing of the identity of new counsel and the date new counsel is appointed. Appellant's brief will be due thirty days after the trial court makes the appointment. The State's brief will be due thirty days after appellant's brief is filed. We remove this case from the submission docket.