Wesley Byron Bierhalter v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

January 24, 2020

No. 04-19-00358-CR

Wesley Byron BIERHALTER,

Appellant

v.

The STATE of Texas,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-2010-CR-B Honorable William Old, 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 his right to review the record and file a pro se brief, and has provided appellant with a form motion to obtain the appellate record if he desires to do so. See 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.); see also Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).

If appellant desires to file a pro se brief, he must do so on or before February 24, 2020.

See Bruns, 924 S.W.2d at 177 n.1. Appellant’s pro se brief should identify those issues which appellant believes this court should consider in deciding whether the case presents any meritorious issues. 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 ORDER the motion to withdraw filed by appellant’s counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).

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Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of January, 2020.

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MICHAEL A. CRUZ, Clerk of Court