Sean Michael Earl v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 24, 2021
• Docket: 04-21-00268-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas September 24, 2021

No. 04-21-00268-CR

Sean Michael EARL, Appellant

v.

The STATE of Texas, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR4829W The Honorable Jennifer Pena, Judge Presiding

ORDER

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 and provided appellant with a form motion for pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319– 20 (Tex. Crim. App. 2014); 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.).

If appellant desires to file a pro se brief in this appeal, he must do so within thirty days from the date of this order. 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 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 within sixty days from the date of this order.

We ORDER the motion to withdraw, filed by appellant’s counsel in this appeal, to be HELD IN ABEYANCE pending further order of the court.

_________________________________ Rebeca C. Martinez, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of September, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court