C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Jon Michael Miranda v. The State of Texas

Appellate case number: 01

- 14

- 005 90

- CR

Trial court case number: 13CR 0 598

Trial court: 1 0th Judicial District Court of G a lveston County

On October 22 , 2014, appellant’s counsel, Calvin D. Parks , filed a motion to
withdraw with a brief concluding that the above

- referenced appeal is frivolous. See Anders v. California , 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); In re Schulman

, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008). However, we find the motion and brief filed on appellant’s behalf deficient. See T EX

. R. A PP

. P. 9.4(k).

This is an appeal from a guilty plea , and the record on appeal includes a 95

- page clerk’s record and a 4

- volume reporter’s record. Nevertheless, while the brief contains a few page references to the reporter’s record, it provides no page references or cit ations to
the clerk’s record and further fails to include Issues Presented, Summary of the Argument, and Argument sections with separate headings and proper record references

. See T EX

. R. A PP

. P. 38.1(d), (f)

- (i). And, al though counsel presents a minimal discussion
of the evidence and a few potential issues

, he does no t present any argument or citations to authority to support his conclusion that the se issue s will not support an appeal. See High v. State , 573 S.W.2d 807, 812

- 13 (Tex. Crim. App. 1978); Wi lliams v. State , 976 S.W.2d 871, 873 (Tex. App.

— Corpus Christi 1998, order); Jeffrey v. State , 903 S.W.2d 776, 779 (Tex. App.

— Dallas 1995, no pet.)

. By failing to provide a professional evaluation of the record, counsel’s brief provides no aid to appellant or to this Court, and it fails to meet the requirements of
Anders

. See McCoy v. Court of Appeals of Wisc., Dist. 1 , 486 U.S. 429, 442, 108 S. Ct. 1895, 1903

– 04 (1988) (requiring appellate court, in addition to determining whether2

counsel correctly determined that appeal is frivolous, to “satisfy itself that the attorney has provided the client with a diligent and thorough search of the record for any arguable claim that might support the client’s appeal); Anders , 386 U.S. at 744

– 45, 87 S. Ct. at
140 0 (requiring counsel to file brief that assists client by evaluating all potential grounds for appeal and aids Court in evaluating record); High , 573 S.W.2d at 812 (requiring “brief of counsel to contain a professional evaluation of the record demonstratin g why, in effect, there are no arguable grounds to be advanced”).

Accordingly

, we strike the defective brief and order counsel to file a new brief, correcting the deficiencies noted above in the stricken brief and presenting a full
discussion of the eviden ce presented in the trial court

. See T EX

. R. A PP

. P. 9.4(k); Stafford v. State , 813 S.W.2d 503, 510 (Tex. Crim. App. 1991); Banks v. State , 341 S.W.3d 428, 432 (Tex. App.

— Houston [1st Dist.] 2009, order), disp. on merits , No. 01

- 08

- 00286

- CR, 2010 WL 10532 18 (Tex. App.

— Houston [1st Dist.] Mar

. 11, 2010, no pet.) ; see, e.g. , Anders Guidelines, available at http://www.txcourts.gov/14thcoa.aspx (last visited Oct. 29, 2014).

In addition, counsel ’s motion to withdraw is stricken for fail ure to comply with Texas Rule of Appellate Procedure 6.5(a)(3) and (b) by not includ ing a statement or
certificate of service o f delivery on the pro se appellant. Finally, al though counsel
included a cover letter wi th his brief, it was not filed in accordance with Kelly v. State

, 436 S.W.3d 313, 319

- 20 (Tex. Crim. App. 2014), and should provid e a form motion for

pro se access to the appellate record, such as the motion attached to this order, to the appellant. Accor dingly, a ppellant’s counsel’s amended brief

, motion to withdraw, and
cover letter with form motion are ordered to be filed and served on appellant no later than 30 days from the date of this order

.

It is so ORDERED.

Judge’s signature: / s/ Laura C. Higley



Panel consists of ____________________________________________

Date: O ctober 30, 20143

Return to: First Court of Appeals 301 Fannin Street Houston, Texas 77002

No. 01

-

___ -

__________ - CR

_________________ § COURT OF APPEALS

v. § 1ST DISTRICT

The State of Texas § HOUSTON, TEXAS

Pro se Motion for Access to Appellate Record

To the Honorable Justices of Said Court:

Appellant’s appointed counsel has filed a brief in the above styled and numbered cause pursuant to Anders v. California , 386 U.S. 738 (1967).

Appellant now moves this Court to provide him with a copy of the appellate record including the clerk’s record an d the court reporter’s record for use in preparing his pro se response to counsel’s brief.

Appellant requests an extension of time of 30 days from the granting of this motion to file a pro se response to counsel’s Anders brief.

Respectfully submitte d,

_______________________ Pro se Appellant _____________ Unit,TDCJ # __________ ____________, Texas _______

Certificate of Service

This is to certify that on ____________, a true and correct copy of the above and foregoing document was served by mail on the _______ County District Attorney’s Office at ___________, __________, Texas ____________.

_______________________ Pro se Appellant