Ibrahim Jabori v. State ( 2015 )


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  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:        Ibrahim Jubori v. The State of Texas
    Appellate case number:      01-14-00673-CR
    Trial court case number:    1401650
    Trial court:                183rd District Court of Harris County
    Appellant, Ibrahim Jubori, pleaded guilty, without a plea-bargain agreement, to the
    felony offense of aggravated assault with a deadly weapon. The trial court accepted
    appellant’s plea and found sufficient evidence to find appellant guilty, but deferred
    making any finding regarding appellant’s guilt and placed appellant on community
    supervision for a period of five years. Appellant, through his retained counsel, Neal
    Davis, III, timely filed a notice of appeal. Counsel, who continued to represent appellant
    on appeal, has filed a motion to withdraw from his representation of appellant because,
    after reviewing the record, he concluded that the appeal is frivolous and without merit. In
    support of his motion to withdraw, Counsel filed a brief pursuant to Anders v. California,
    
    386 U.S. 738
    , 
    87 S. Ct. 1396
    (1967).
    “Only appointed counsel are required to file an Anders brief. Retained counsel are
    not required to do so.” Knotts v. State, 
    31 S.W.3d 821
    , 822 (Tex. App.—Houston [1st
    Dist.] 2000, no pet.) (citing Nguyen v. State, 
    11 S.W.3d 376
    , 379 (Tex. App.—Houston
    [14th Dist.] 2000, no pet.)). “A retained attorney, upon determining that an appeal is
    frivolous, must so inform this Court and seek leave to withdraw by filing a motion
    complying with rule 6.5 of the Texas Rules of Appellate Procedure.” 
    Id. Accordingly, we
    strike the Anders brief filed by appellant’s retained counsel.
    Further, counsel’s motion to withdraw does not meet the requirements of rule 6.5
    because it fails to (1) provide appellant’s last known address and telephone number,
    (2) contain a statement that a copy of the motion was delivered to appellant, and (3) state
    that appellant was notified in writing of the right to object to the motion. See TEX. R.
    APP. P. 6.5(a)(2)–(4), (b). We therefore deny counsel’s motion to withdraw.
    Because appellant’s retained counsel has represented to the Court that the appeal is
    frivolous, and counsel is under an ethical duty to refuse to prosecute a frivolous appeal,
    we order appellant’s counsel to file a motion to withdraw that complies with Rule 6.5
    within 14 days of the date of this order. See TEX. R. APP. P. 6.5. Counsel states in both
    his brief and his motion to withdraw that he “has attempted communication with the
    Appellant to no avail” and that he “understands that the Appellant is currently detained
    by the Department of Homeland Security and is awaiting deportation.” If counsel is
    unable to obtain current contact information for appellant, counsel should detail his
    efforts to obtain appellant’s contact information in his motion to withdraw and should
    provide appellant’s last known address.
    It is so ORDERED.
    Judge’s signature: /s/ Michael Massengale
     Acting individually     Acting for the Court
    Date: May 28, 2015
    

Document Info

Docket Number: 01-14-00673-CR

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 10/16/2015