Order entered June 6, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00662-CR
No. 05-21-00663-CR
PHILLIP LYNN SCHWARTZKOPF, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1
Collin County, Texas
Trial Court Cause Nos. 001-86990-2020 & 001-86991-2020
ORDER
We REINSTATE these appeals.
We granted retained appellate counsel’s motion to abate in which she stated
she had thoroughly reviewed the records in these appeals and researched potential
issues but was unable to identify any viable issues. Knowing she could not file an
Anders brief, she asked for a fourteen-day abatement to allow appellant time to
decide how he wished to proceed with these appeals. Now before the Court is
retained counsel’s May 31, 2022 motion to withdraw in which she states she
communicated with appellant about his options and asked him to let her know by
May 16, 2022 how he wished to proceed; according to counsel, to date, appellant
has not communicated with her about these appeals.
We GRANT the motion to withdraw. We DIRECT the Clerk of the Court
to remove Kristin R. Brown as appellant’s counsel.
The clerk’s record does not indicate appellant was declared to be indigent.
Until such time as another attorney makes an appearance on appellant’s behalf,
future correspondence shall be sent to Phillip Lynn Schwartzkopf; 8025 Ohio
Drive, Apt. 7103; Plano, Texas 75024.
We EXTEND the time to file appellant’s brief to July 11, 2022. In the event
appellant fails to file a brief by the extended due date, the Court may submit this
case without briefing. See TEX. R. APP. P. 31.1(b). In the event appellant files a
brief, the State’s brief will be due on or before August 12, 2022.
We DIRECT the Clerk to transmit copies of this order to the Honorable
Corinne Mason, Presiding Judge, County Criminal Court No. 1; Kristin R.
Brown, withdrawing counsel; Greg Willis, district attorney; and Phillip Lynn
Schwartzkopf, pro se appellant.
/s/ ERIN A. NOWELL
JUSTICE