Javier Abad Ramirez v. State

Opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Javier Abad Ramirez v. The State of Texas

Appellate case number: 01-15-00340-CR

Trial court case number: 1264200

Trial court: 176th District Court of Harris County, Texas

Appellant’s court-appointed counsel filed a motion to withdraw along with a brief concluding that this appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Appellant has filed a pro se “Motion for Appointment of Counsel” asking this Court to appoint counsel to present appellant’s brief in response to his counsel Anders brief. We deny the motion.

Appellant’s appointed counsel remains as counsel for appellant until the appeal is exhausted or counsel is permitted to withdraw. See TEX. CODE CRIM. PROC. ANN. art. 26.04(j) (West Supp. 2015); Buntion v. Harmon, 827 S.W.2d 945, 949 (Tex. Crim. App. 1992) (noting indigent defendant does not have right to counsel of his own choosing); see also Stelbacky v. State, 22 S.W.3d 583 (Tex. App.—Amarillo 2000, no pet.) (stating purpose of pro se response to counsel’s Anders brief is to raise points indigent appellant chooses to bring to court’s attention and assist court in determining whether there are any matters arguable on merits). Accordingly we deny appellant’s motion.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd  Acting individually  Acting for the Court

Date: July 21, 2016