COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

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

Appellate case number: 01-14-00590-CR

Trial court case number: 13CR0598

Trial court: 10th Judicial District Court of Galveston 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 TEX. R. APP. 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 citations 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 TEX. R. APP. P. 38.1(d), (f)-(i). And, although counsel presents a minimal discussion 

of the evidence and a few potential issues, he does not present any argument or citations 

to authority to support his conclusion that these issues will not support an appeal. See 

High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. 1978); Williams 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 whether 
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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 

1400 (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 demonstrating 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 evidence presented in the trial court. See TEX. R. APP. 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 1053218 (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 failure to comply with 

Texas Rule of Appellate Procedure 6.5(a)(3) and (b) by not including a statement or 

certificate of service of delivery on the pro se appellant. Finally, although counsel 

included a cover letter with 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 provide a form motion for 

pro se access to the appellate record, such as the motion attached to this order, to the 

appellant. Accordingly, appellant’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: October 30, 2014
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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 and 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 submitted,

_______________________

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