Kafir Deshawn Kabbara, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2016
• Docket: 05-15-01441-CR
• Status: Published

Opinion

Order entered May 27, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01440-CR No. 05-15-01441-CR

KAFIR DESHAWN KABBARA, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F14-60312-V, F14-60313-V

ORDER In cause no. 05-15-01440-CR, appellant was convicted of aggravated assault with a

deadly weapon. In cause no. 05-15-01441-CR, appellant was convicted of evading arrest or

detention in a motor vehicle. Although appellant filed one brief with both cause numbers, the

brief raises an issue regarding only the evading arrest or detention conviction. Appellate counsel

is retained and may not file an Anders brief, and counsel has not moved to withdraw on cause no.

05-15-01440-CR because the appeal is frivolous. See McCoy v. Court of Appeals of Wis., Dist.

1, 487 U.S. 429 (1988).

Accordingly, we ORDER appellant to file, within THIRTY DAYS of the date of this

order, either an amended brief that raises issues on the merits as to both cases, or a motion to withdraw as appellate counsel in cause no. 05-15-01440-CR that explains why counsel cannot

file a brief regarding the aggravated assault conviction.

We DIRECT the Clerk to send copies of this order to Niles Illich and the Dallas County

District Attorney’s Office.

/s/ ADA BROWN JUSTICE