Opinion
No. 04-19-00372-CR
10-07-2019
John Henry SCOTT, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR3797
Honorable Ray Olivarri, Judge Presiding
ORDER
Appellant John Henry Scott's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which counsel asserts there are no meritorious issues to raise on appeal. Counsel sent copies of the brief and motion to withdraw to appellant and explained appellant's rights to review the record, file a pro se brief, and file a pro se petition for discretionary review if this court determines the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition, counsel's letter advised Scott of his right to review the record, explained how to obtain the record, and enclosed a motion for this purpose. See id.
If appellant desires access to the appellate record, the court must receive his motion by October 14, 2019. If appellant desires to file a pro se brief, we order that he do so by November 6, 2019. The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.
We further order the motion to withdraw filed by appellant's counsel is held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that a motion to withdraw should not be ruled on before appellate court independently reviews the record to determine whether counsel's evaluation that the appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same); see also Kelly, 436 S.W.3d at 319 (appointed counsel's duties of representation do not cease when he files a motion to withdraw; counsel must continue to "act with competence, commitment and dedication to the interest of the client" until the court of appeals grants the motion). Accordingly, no new attorney will be appointed for appellant at this time.
We order the clerk of this court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of October, 2019.
/s/_________
LUZ ESTRADA,
Chief Deputy Clerk