Brandon Damond Woods v. State

Order entered January 21, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00832-CR
BRANDON DAMOND WOODS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-81312-2018
ORDER
Before the Court is retained counsel Kristin Brown’s January 3, 2020 motion to abate this
appeal. In the motion, counsel states she has thoroughly reviewed the record but has been unable
to identify any viable issues. Counsel asks the Court to abate the appeal to determine whether
appellant wishes to pursue the appeal and if so, for counsel to be appointed.
On determining that an appeal is frivolous, a retained attorney must inform this Court that
the appeal has no merit and seek leave to withdraw by filing a motion that complies with rule 6.5
of the rules of appellate procedure. See Rivera v. State, 130 S.W.3d 454, 458 (Tex. App. —
Corpus Christi‒Edinburgh 2004, no pet.); Nguyen v. State, 11 S.W.3d 376, 379 (Tex. App. —
Houston [14th Dist.] 2000, no pet.); Pena v. State, 932 S.W.2d 31, 32 (Tex. App. —El Paso
1995; see also Oldham v. State, 894 S.W.2d 561, 562 (Tex. App. —Waco 1995) (addressing
former rule 7); see also TEX. R. APP. P. 6.5 (motion for leave to withdraw must contain: list of
current deadlines and settings in case; party’s name and last known address and telephone
number; statement that copy of motion was delivered to party; and statement that party was
notified in writing of right to object to motion; motion must be delivered to party in person or
mailed—both by certified and by first-class mail—to party at party’s last known address).
We DENY the motion to abate.
/s/ LANA MYERS
JUSTICE