Fourth Court of Appeals
San Antonio, Texas
January 6, 2017
No. 04-16-00388-CR
Raul Aguero AYALA,
Appellant
v.
The STATE of Texas,
Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B14466
Honorable M. Rex Emerson, Judge Presiding
ORDER
On November 15, 2016, Appellant’s court-appointed attorney filed a brief and motion to
withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which the attorney asserted
there are no meritorious issues to raise on appeal. On November 18, 2016, we issued an order
explaining that if appellant desired to file a pro se brief, he must do so by January 2, 2017. On
December 5, 2016, appellant filed a motion for extension of time to file a pro se brief and also
requested that we grant him “legal assistance that is not an attorney” to help him prepare his pro
se brief. On December 9, 2016, we granted appellant’s motion for extension of time and ordered
his pro se brief due February 1, 2017. However, we denied his request for legal assistance.
Appellant has now filed a Motion to Request Appointed Counsel. Pursuant to the
procedures outlined in Anders, appellant will not be entitled to new appointed counsel until and
unless this Court determines that there are colorable claims for appeal. See In re Schulman, 252
S.W.3d 403, 109 (Tex. Crim. App. 2008). This Court will base its review on the appellate record,
the Anders brief filed by appellant’s appointed counsel, and any pro se brief filed. See id. Only if
this Court decides that there are any colorable claims for appeal will this case be abated and sent
to the trial court for appointment of new counsel. See id. We therefore DENY appellant’s
motion.
Appellant’s pro se brief remains due on February 1, 2017.
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 6th day of January, 2017.
___________________________________
Keith E. Hottle
Clerk of Court