Shaelan Derek Rodgers v. State

• Court: Court of Appeals of Texas
• Decided: November 20, 2018
• Docket: 04-18-00504-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 20, 2018

No. 04-18-00504-CR

Shaelan Derek RODGERS, Appellant

v.

The STATE of Texas, Appellee

From the 452nd District Court, Kimble County, Texas Trial Court No. 2017-DCR-0796 Honorable Robert Hofmann, 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 he asserts there are no meritorious issues to raise on appeal. Counsel certifies he served copies of the brief and motion on appellant, informed appellant of his right to review the record and file his own brief, informed appellant of his right to seek discretionary review should the court of appeals declare the appeal frivolous, and provided appellant with a form for requesting the record and explained to appellant the procedure for obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 (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.). At this time, appellant has not filed the form motion requesting a copy of the clerk’s record and reporter’s record.

If appellant desires to file a pro se brief, we ORDER that he do so on or before January 4, 2019. 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.

We further ORDER the motion to withdraw filed by appellant’s counsel held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that motion to withdraw should not be ruled on before appellate court independently reviews record to determine whether counsel’s evaluation that appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008) (same). 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.

_________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2018.

___________________________________ Keith E. Hottle Clerk of Court