Donald Davison v. State ( 2007 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00292-CR

Donald Davison,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 278th District Court

Walker County, Texas

Trial Court No. 23113

ORDER

          Appellant’s counsel filed an Anders brief on February 12, 2007.  It does not comply with this Court’s Anders requirements outlined in Sowels.  See Sowels v. State, 45 S.W.3d 690 (Tex. App.—Waco 2001), overruled in part, Meza v. State, 206 S.W.3d 684 (Tex. Crim. App. 2006).

          Also, counsel should note that Meza overruled Sowels to the extent that a motion to withdraw is no longer to be decided by the trial court.  Meza, 206 S.W.3d at 689.  Since the decision in Meza, we will decide counsel’s motion to withdraw which should be filed with the Clerk of this Court.

          Accordingly, counsel is ordered to, within 21 days of the date of this letter:  1) file a motion to withdraw with the Clerk of this Court; 2) send Appellant a copy of the motion and a copy of the brief; 3) notify Appellant of his right to review the record; 4) notify Appellant how to obtain a copy of the record; 5) notify Appellant of his right to file a pro se brief or other response; and 6) inform Appellant of his right to pursue a petition for discretionary review in the Court of Criminal Appeals, should this Court deny him relief on appeal.  Meza, 206 S.W.3d at 689 n.23; Sowels, 45 S.W.3d at 694.

          Counsel is further ordered to certify to the Court within 21 days from the date of this order that he has complied with requirements 2 – 6 mentioned above.

                                                          PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Order issued and filed March 7, 2007

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