Juan Escalante-Avalos v. State

Fourth Court of Appeals San Antonio, Texas October 16, 2020 No. 04-19-00578-CR Juan ESCALANTE-AVALOS, Appellant v. The STATE of Texas, Appellee From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 17-01-00005-CRK Honorable Russell Wilson, Judge Presiding ORDER Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to file his own brief and provided appellant with a copy of the appellate record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); 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 desires to file a pro se brief in this appeal, he must do so within thirty days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date 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 within sixty days from the date of this order. We ORDER the motion to withdraw, filed by appellant’s counsel in this appeal, to be HELD IN ABEYANCE pending further order of the court. _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of October, 2020. ___________________________________ Michael A. Cruz, Clerk of Court