John Anthony Scharringhausen v. the State of Texas ( 2022 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    October 21, 2022
    No. 04-21-00565-CR
    John Anthony SCHARRINGHAUSEN,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 226th Judicial District Court, Bexar County, Texas
    Trial Court No. 2020CR2612
    Honorable Velia J. Meza, 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,
    and has informed appellant of his right to review the record and file his own brief, and has
    explained to appellant the procedure for obtaining the record. 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.).
    If appellant desires to file a pro se brief, he must do so no later than December 5,
    2022. See Bruns, 
    924 S.W.2d at
    177 n.1. 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.
    Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response
    to counsel’s brief no later than thirty days after the pro se brief is due.
    We further 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). We further ORDER
    the Clerk of this Court to serve a copy of this order on appellant, his counsel, the attorney for the
    State, and the clerk of the trial court.
    _________________________________
    Lori I. Valenzuela, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 21st day of October, 2022.
    __________________________________
    Michael A. Cruz,
    Clerk of Court
    

Document Info

Docket Number: 04-21-00565-CR

Filed Date: 10/21/2022

Precedential Status: Precedential

Modified Date: 10/25/2022