Opinion
NO. 14-17-00239-CR
10-31-2017
KEVIN WAYNE SAULS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 506th District Court Grimes County, Texas
Trial Court Cause No. 18,039
ABATEMENT ORDER
Appellant appeals his convictions for two counts of aggravated robbery and two counts of aggravated kidnapping. Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
We disagree with appellate counsel's conclusion that there are no arguable issues for appeal. See Anders, 386 U.S. at 744. By way of example, and without limitation, we observe the following:
The complainant in the first robbery, A.W., testified she did not see a knife in appellant's hand until she and appellant were in her car, after they left the convenience store. There does not appear to be evidence of a deadly weapon being used or exhibited while appellant was in the convenience store. The question arises whether there is sufficient evidence to support the conviction for aggravated robbery of A.W., as opposed to robbery. The Anders brief does not address this point.
Accordingly, the case is abated and remanded to the trial court with instructions to appoint other counsel and have a supplemental clerk's record containing that appointment filed with the clerk of this court by November 30, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's supplemental clerk's record is filed with this court.
PER CURIAM Panel consists of Justices Jamison, Busby, and Donovan.