Opinion
No. 04-13-00292-CR
08-08-2013
Armando SIMON, Appellant v. THE STATE OF TEXAS, Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR2132
Honorable Melisa Skinner, Judge Presiding
ORDER
Appellant has filed a pro se motion asking this court to appoint counsel for him. Appellant currently has appointed counsel, but asserts appointed counsel has advised appellant that he intends to file an Anders brief in this matter, asserting there is no arguable basis for an appeal. Appellant is not entitled to new appointed counsel at this time. Rather, once an Anders brief is filed, this court will issue an order advising appellant that he may file a pro se brief on his own behalf, pointing out those errors he believes have a basis in law and fact. This court will then review the pro se brief, if one is filed, and the record to determine if there are any arguable grounds for appeal. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009). If there are, we will remand the matter back to the trial court for appointment of new counsel. Id. Accordingly, we DENY appellant's motion to appoint counsel.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of August, 2013.
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Keith E. Hottle
Clerk of Court