Raymond Paul Schmidt v. State

The State of TexasAppellee/s Fourth Court of Appeals San Antonio, Texas November 5, 2014 No. 04-14-00272-CR Raymond Paul SCHMIDT, Appellant v. THE STATE OF TEXAS, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR6225 Honorable Andrew Carruthers, 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, has informed appellant of his right to review the record and file his own brief, has explained to appellant the procedure for obtaining the record, and has provided appellant with a form for requesting the record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 (Tex. App.—San Antonio 1997, no writ); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no writ). If appellant desires to file a pro se brief, we order that he do so on or before December 22, 2014. 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 date the pro se brief is due. We further order the motion to withdraw filed by appellant’s counsel held in abeyance pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988) (holding that motion to withdraw should not be ruled on before appellate court independently reviews record to determine whether counsel’s evaluation that appeal is frivolous is sound); Schulman v. State, 252 S.W.3d 403, 410–11 (Tex. Crim. App. 2008) (same). 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. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of November, 2014. ___________________________________ Keith E. Hottle Clerk of Court