Jeremy John Sandersfeld v. State

Order entered March 18, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01141-CR
JEREMY JOHN SANDERSFELD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-82341-07
ORDER
The Court REINSTATES the appeal.
On March 13, 2014, we ordered the trial court to make findings regarding why
appellant’s brief had not been filed. On March 17, 2014, we received appellant’s brief, together
with an extension motion. Therefore, in the interest of expediting the appeal, we VACATE the
March 13, 2014 order requiring findings.
We note that counsel filed an Anders brief in this case. The appeal is from appellant’s
conviction following the adjudication of his guilt. Although counsel briefly discusses the
original plea hearing and states that evidence was presented, the reporter’s record of the guilty
plea hearing is not before the Court. Moreover, the record reflects that the conditions of
appellant’s community supervision were modified, but counsel does not discuss the proceedings,
if any, at which the modifications were made. Finally, counsel does not address the motions that
were filed by appellant or the trial court’s nunc pro tunc order entered by the trial court.
Accordingly, we conclude the brief does not satisfy the requirements of Anders and its progeny.
See Jeffery v. State, 903 S.W.2d 776 (Tex. App.––Dallas 1995, no pet.). Accordingly, we DENY
the March 17, 2014 extension motion as moot and STRIKE the Anders brief tendered by
counsel.
We ORDER Janet Dugger, official court reporter of the 296th Judicial District Court, to
file, or coordinate the filing of, the reporter’s record of April 5, 2011 plea hearing, as well as the
records of any other hearings, within THIRTY DAYS of the date of this order.
We ORDER counsel to file, within SIXTY DAYS of the date of this order, either an
amended brief that complies with the requirements of Anders and its progeny or a brief raising
issues on the merits.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Janet
Dugger, official court reporter, 296th Judicial District Court, and to counsel for all parties.
/s/ LANA MYERS
JUSTICE