Opinion
No. 04-13-00492-CR
11-27-2013
Jeffery Brian SPAULDING, Appellant v. THE STATE OF TEXAS, Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR3848
Honorable Sid L. Harle, Judge Presiding
ORDER
Appellant's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel certifies he has: (1) served copies of the brief and motion on appellant; (2) provided appellant with pertinent portions of the appellate record and advised appellant to contact him if he wishes to review additional portions of the record; and (3) informed appellant of his right to file his own brief. See Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no writ); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no writ).
If appellant desires to file a pro se brief, we order that he do so on or before January 13, 2014. 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. Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response to counsel's brief no later than thirty days after the pro se brief is due.
We further order the motion to withdraw filed by appellant's counsel held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that motion to withdraw should not be ruled on before appellate court independently reviews record to determine whether counsel's evaluation that appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same).
We further 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.
_______________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of November, 2013.
_______________
Keith E. Hottle
Clerk of Court