Richard Paul Shatlaw v. State ( 2020 )


Menu:
  •                              Fourth Court of Appeals
    San Antonio, Texas
    April 15, 2020
    No. 04-19-00742-CR
    Richard Paul SHATLAW,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 451st Judicial District Court, Kendall County, Texas
    Trial Court No. 6876
    Honorable Kirsten Cohoon, Judge Presiding
    ORDER
    Appellant’s court-appointed attorney filed a brief and motion to withdraw pursuant to
    Anders v. California, 
    386 U.S. 738
    (1967) asserting there are no meritorious issues to raise on
    appeal. Counsel certifies he served copies of the brief, motion, and appellate record on
    appellant; informed appellant of his right to review the record and file his own brief; and
    informed appellant of his right to seek discretionary review should the court of appeals declare
    the appeal frivolous. See Kelly v. State, 
    436 S.W.3d 313
    , 319 (Tex. Crim. App. 2014); Nichols v.
    State, 
    954 S.W.2d 83
    (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, we ORDER that he do so by June 1, 2020. 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.
    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).
    _______________________________
    Beth Watkins, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 15th day of April, 2020.
    ___________________________________
    Michael A. Cruz,
    Clerk of Court