George Galvan v. State

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas March 3, 2014

No. 04-13-00851-CR

George GALVAN, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR9427 Honorable Maria Teresa Herr, Judge Presiding

O R D E R

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, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). 1

If appellant desires to file a pro se brief, he must do so within forty-five days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1. 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 to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).

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.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of March, 2014.

___________________________________ Keith E. Hottle Clerk of Court

1 Counsel is reminded that he should explain to appellant the procedure for obtaining the record. See Bruns, 924 S.W.2d at 177 n.1.