Johnny Joe Aldana v. State

• Court: Court of Appeals of Texas
• Decided: January 14, 2020
• Docket: 04-19-00526-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 14, 2020

No. 04-19-00526-CR

Johnny Joe ALDANA, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR10064 Honorable Ron Rangel, 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 counsel asserts there are no meritorious issues to raise on appeal. Counsel has certified he sent copies of the brief and motion to withdraw to appellant and explained appellant’s rights to review the record, file a pro se brief, and file a pro se petition for discretionary review if this court determines the appeal is frivolous. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In addition, counsel certifies he explained how to obtain the record, enclosed a motion for this purpose, and provided appellant this court’s address. See id.

If appellant desires access to the appellate record, the court must receive his motion by January 24, 2020. If appellant desires to file a pro se brief, we order that he do so on or before February 28, 2020.

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 March 30, 2020.

We 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); see also Kelly, 436 S.W.3d at 319 (appointed counsel’s duties of representation do not cease when he files a motion to withdraw; counsel must continue to “act with competence, commitment and dedication to the interest of the client” until the court of appeals grants the motion). Accordingly, no new attorney will be appointed for appellant at this time.

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 14th day of January, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court