Opinion
04-24-00494-CR
12-05-2024
Joe Luis TRINIDAD, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR0568 Honorable Frank J. Castro, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
Appellant's brief in this appeal was originally due by September 9, 2024 and was not filed. We notified appellant's appointed counsel, Donald B. Edwards, of the deficiency on September 12, 2024. See Tex. R. App. P. 38.8(b)(2). In our notice, we cautioned counsel if we did not receive an adequate response by September 23, 2024, we would abate this appeal to the trial court for an abandonment hearing. See id. Counsel did not file a response. We therefore abated this case to the trial court and ordered the trial court to conduct a hearing to answer the following questions:
1. Does appellant desire to prosecute his appeal?
2. Is appellant indigent?
a. If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
b. If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief. 3. Has appointed or retained counsel abandoned the appeal? Because initiating contempt proceedings against appellant's counsel may be necessary, the trial court should address
this issue even if new counsel is retained or substituted before the date of the hearing. See Tex. R. App. P. 38.8 (b)(4).
The trial court held a hearing on November 22, 2024 and issued findings of fact providing appellant wished to pursue his appeal, he was indigent, and appointed counsel had not abandoned the appeal. While the case was abated, counsel filed a motion for leave to file an Anders brief. The motion is granted.
Counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. However, the brief does not meet all the requirements for an Anders brief. Specifically, counsel cites no authorities to support his contentions in the "potential issues for appeal" section. See Tex. R. App. P. 38.1(i).
We therefore order the brief filed by Mr. Edwards stricken from our record. It is further ordered that Mr. Edwards file an amended brief in compliance with the Texas Rules of Appellate Procedure and this order no later than December 16, 2024.