Anthony Shields v. State

Opinion

FILE COPY

COURT OF APPEALS CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF KAREN ANGELINI 300 DOLOROSA, SUITE 3200 COURT SANDEE BRYAN SAN ANTONIO, TEXAS 78205-3037 MARION WWW.4THCOA.COURTS.STATE.TX.US MARIALYN BARNARD TELEPHONE REBECA C. MARTINEZ (210) 335-2635 PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA FACSIMILE NO. JUSTICES (210) 335-2762

April 01, 2013

Richard Brooks Dulany Jr. Anthony Shields Bexar County Appellate Public P. O. Box 39881 Defender's Office San Antonio, TX 78218 Paul Elizondo Tower 101 W. Nueva St., Suite 310 San Antonio, TX 78205

Ricardo Vela Jr. Paul Elizondo Tower 101 W. Nueva, 3rd floor San Antonio, TX 78205

RE: Court of Appeals Number: 04-13-00049-CR Trial Court Case Number: 980448 Style: Anthony Shields v. The State of Texas

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, KEITH E. HOTTLE, CLERK

_______________________ Carmen De Leon Deputy Clerk, Ext. 53262 FILE COPY

Fourth Court of Appeals San Antonio, Texas April 01, 2013

No. 04-13-00049-CR

Anthony SHIELDS, Appellant v. The STATE of Texas, Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 980448 Honorable Jason Wolff, Judge Presiding

ORDER On March 11, 2013, appellant filed a pro se motion for an extension of time in which to file his brief. On March 26, 2013, appellant’s court-appointed attorney filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to file his own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.CSan Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.CSan Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee=s brief unless the appellant files a pro se brief.

Appellant’s pro se motion is GRANTED and, if the appellant desires to file a pro se brief, he must do so no later than May 17, 2013. See Bruns, 924 S.W.2d at 177 n.1. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date the appellant=s pro se brief is filed in this court. It is further ORDERED that the motion to withdraw, filed by appellant=s counsel, is HELD IN ABEYANCE pending further order of the court.

____________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of April, 2013.

____________________________________ Keith E. Hottle Clerk of Court FILE COPY

MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas

Anthony SHIELDS, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 980448 Honorable Jason Wolff, Judge Presiding

ORDER On March 11, 2013, appellant filed a pro se motion for an extension of time in which to file his brief. On March 26, 2013, appellant’s court-appointed attorney filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to file his own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.CSan Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.CSan Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee=s brief unless the appellant files a pro se brief.

Appellant’s pro se motion is GRANTED and, if the appellant desires to file a pro se brief, he must do so no later than May 17, 2013. See Bruns, 924 S.W.2d at 177 n.1. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date the appellant=s pro se brief is filed in this court. It is further ORDERED that the motion to withdraw, filed by appellant=s counsel, is HELD IN ABEYANCE pending further order of the court.

/s/Sandee Bryan Marion Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this

/s/Keith E. Hottle Keith E. Hottle Clerk of Court

ENTERED THIS 1ST DAY OF April, 2013.