James Alan Weatherford v. State ( 2015 )

ACCEPTED
03-14-00528-CR
6054859
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/14/2015 11:45:18 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00528-CR
JAMES ALAN WEATHERFORD § IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
v. § THIRD DISTRICT
7/14/2015 11:45:18 AM
§ JEFFREY D. KYLE
Clerk
STATE OF TEXAS § AUSTIN, TEXAS
STATE’S RESPONSE REGARDING STATE’S BRIEF
NOW COMES THE STATE OF TEXAS, Appellee, by and through her
Assistant District Attorney, John C. Prezas, and would show the Court the following:
1. On June 1, 2015, Appellant’s counsel filed a brief and motion to withdraw as
counsel pursuant to Anders v. California, 386 U.S. 738 (1967).
2. The State’s Brief in this case was due on July 1, 2015. The State did not file a brief
and did not seek an extension of time.
3. On July 7, 2015, this Court gave the State written notice that the State’s brief was
overdue and that this Court expected a response by Friday, July 17, 2015, or it
would submit the case on appellant’s brief alone.
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4. The State apologizes for the lack of a timely brief and acknowledges receipt of the
brief and motion to withdraw filed by Appellant’s counsel.
5. However, because the brief filed by Appellant’s counsel presents no claim of error,
the State has no points to which to respond. See TEX. R. APP. P. 38.2(a)(2).
6. Therefore, the State will abstain from filing any further response unless the Court
decides that the appeal is not frivolous because one or more legal points arguable
on their merits exists and orders a response or provides Appellant with new
appellate counsel. See Anders, 386 U.S. at 744; Bledsoe v. State, 178 S.W.3d 824,
827 (Tex. Crim. App. 2005); High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.
1978).
7. If this Court does provide Appellant with a new appellate counsel, the State will, of
course, respond to any brief filed by said counsel. If this Court directs the State to
respond to a non-frivolous ground for relief in this matter, the State will, of course,
do so.
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WHEREFORE, PREMISES CONSIDERED, the State of Texas respectfully
requests that this Court notify the State if this Court decides the appeal is not frivolous.
If this Court decides the case is wholly frivolous, the State requests this Court resolve
this matter on the basis of Appellate Counsel’s brief and motion to withdraw.
Respectfully submitted,
Jana Duty
District Attorney
Williamson County, Texas
/s/ John C. Prezas
John C. Prezas
Assistant District Attorney
State Bar Number 24041722
405 Martin Luther King #1
Georgetown, Texas 78626
(512) 943-1248
(512) 943-1255 (fax)
jprezas@wilco.org
Certificate of Service
This is to certify that on July 14, 2015, a copy of the foregoing motion has been
sent to Appellant’s attorney of record, Dal Ruggles, Law Office of Dal R. Ruggles,
1103 Nueces St., Austin, TX 78701 via eservice to dal@ruggleslaw.com.
/s/ John C. Prezas
John C. Prezas
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