David A. Ramirez v. State

Opinion

The State

Fourth Court of Appeals San Antonio, Texas May 27, 2014

No. 04-14-00237-CR

David A. RAMIREZ, Appellant

v.

The STATE of Texas, Appellee

From the 38th Judicial District Court, Medina County, Texas Trial Court No. 13-07-11311-CR The Honorable Camile G. Dubose, 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 served copies of the brief and motion on appellant and has informed appellant of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no pet.).

If appellant desires to file a pro se brief, we order that he do so on or before June 26, 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 July 28, 2014.

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).

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. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of May, 2014.

___________________________________ Keith E. Hottle Clerk of Court