DocketNumber: 04-20-00264-CR
Filed Date: 4/14/2021
Status: Precedential
Modified Date: 4/20/2021
Fourth Court of Appeals San Antonio, Texas April 14, 2021 No. 04-20-00264-CR Montrail Thomas BUTLER, Appellant v. THE STATE OF TEXAS, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR6323 Honorable Stephanie R. Boyd, 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 wishes to obtain a copy of the record, he must file a written request with this court no later than April 26, 2021. If, after reviewing the record, appellant desires to file a pro se brief, he must do so within thirty (30) days from the date this court sends the record to the appellant. The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. 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 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 14th day of April, 2021. ___________________________________ MICHAEL A. CRUZ, Clerk of Court