Dustin Allen Eckols v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2020
• Docket: 04-19-00782-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas March 4, 2020

No. 04-19-00782-CR

Dustin Allen ECKOLS, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-2282-CR-C Honorable Gary L. Steel, Judge Presiding

ORDER On February 28, 2020, Appellant’s court-appointed appellate counsel filed an Anders brief and a motion to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). In counsel’s certification to this court, Appellant’s counsel explained that she took the following steps:

• notified Appellant that counsel filed an Anders brief and a motion to withdraw, and provided Appellant with a copy of the documents; • advised Appellant of his right to review the appellate record and file a pro se brief; • provided Appellant with a copy of the appellate record; and • advised Appellant of his right to seek discretionary review in the Court of Criminal Appeals if this court determines his appeal is frivolous.

See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014); Ex parte Owens, 206 S.W.3d 670, 674 n.28 (Tex. Crim. App. 2006); Meza v. State, 206 S.W.3d 684, 688–89 (Tex. Crim. App. 2006). The State filed a letter conditionally waiving its right to file a brief. If Appellant desires to file a pro se brief, we ORDER Appellant to do so within thirty days of the date of this order. See TEX. R. APP. P. 38.6(a). If Appellant files a pro se brief, the State may file a responsive brief not later than thirty days after the date Appellant’s pro se brief is filed in this court. See id. R. 38.6(b). If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. Counsel’s motion to withdraw is held in abeyance pending further order of this court.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of March, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court