Joseph Almanza v. State

• Court: Court of Appeals of Texas
• Decided: February 19, 2014
• Docket: 04-13-00566-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas February 19, 2014

No. 04-13-00566-CR

Joseph ALMANZA, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR10451 Honorable Raymond Angelini, Judge Presiding

O R D E R

Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to file his own brief. 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.). The State has filed a letter waiving its right to file an appellee’s brief unless the appellant files a pro se brief.

If the appellant desires to file a pro se brief, he must do so no later than April 7, 2014. See Bruns, 924 S.W.2d at 177 n.1. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date the appellant’s pro se brief is filed in this court. It is further ORDERED that the motion to withdraw, filed by appellant’s counsel, is HELD IN ABEYANCE pending further order of the court.

We further ORDER the clerk of this court to serve a copy of this order on appellant, appellant’s counsel, the attorney for the State, and the clerk of the trial court.

_________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of February, 2014.

___________________________________ Keith E. Hottle Clerk of Court