TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00136-CV
In the Matter of I. P.
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT
NO. D-15-0039-J, HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
MEMORANDUM OPINION
PER CURIAM
I.P. appeals his delinquent-child adjudication and disposition after the trial court
found he engaged in two counts of the following delinquent conduct: indecency with a child by
contact. See Tex. Penal Code § 21.11(a)(1). I.P.’s court-appointed attorney has filed a motion to
withdraw supported by a brief concluding that the appeal is frivolous and without merit. See Anders
v. California, 386 U.S. 738 (1967). In his brief, counsel certifies that in his professional opinion the
case presents “no arguable points of error.” Based on our review of the record filed by appellant,
however, we find an arguable appellate issue exists as to the sufficiency of the evidence supporting
the trial court’s finding beyond a reasonable doubt that I.P.’s contact with the child was “committed
with the intent to arouse or gratify the sexual desire of any person” such that it constituted “sexual
contact.” See Tex. Penal Code § 21.11(c). We conclude that this issue merits further briefing. See
Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).
We may not address the merits of any arguable ground for appeal until the issue has
been briefed by new counsel. Id. Accordingly, this appeal is abated. The trial court is instructed
to appoint substitute counsel to file a brief developing the arguable issue we have identified as well
as any other issue that counsel deems meritorious. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.
Crim. App. 1991). Present counsel’s motion to withdraw is granted. See id. A copy of the order
appointing substitute counsel shall be forwarded to this Court no later than November 4, 2016.
Substitute counsel’s brief will be due no later than thirty days after the date of appointment.
Before Justices Puryear, Pemberton, and Field
Abated
Filed: October 20, 2016
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