Shanelle Cooks v. State

Opinion

The State of

Fourth Court of Appeals San Antonio, Texas September 2, 2014

No. 04-14-00210-CR

Shanelle COOKS, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR6210A Honorable Maria Teresa Herr, 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 has served copies of the brief and motion on appellant has informed appellant of her right to review the record and file her own brief, and has explained to appellant the procedure for obtaining the record and provided her a form for same. See Kelly v. State, No. PD-0702-13, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014); Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no writ); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no writ).

If appellant desires to file a pro se brief, we order that she do so on or before October 17, 2014. The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. 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 and all counsel. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of September, 2014.

___________________________________ Keith E. Hottle Clerk of Court