O rder filed October 18 , 201 9



### In The 

# Eleventh Court of Appeals

__________ No. 11

- 1 9

- 00 190

- CR

__________ BILLY MARSHALL SHERMAN , Appellant
V

. THE STATE OF TEXAS , Appellee

On Appeal from the 266th District Court Er ath County, Texas Trial Court Cause No. CR15259

O R D E R
The trial court convicted Appellant, Billy Marshall Sherman
, of the offense of
online solicitation of a minor with the intent to commit the off ense of sexual performance by a chi ld. The trial court assessed Appellant’s punishment at
confinement for ten years

. The trial court sentenced Appellant in absentia. We abate the appeal.2 Appellant’s court

- appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that this appeal is frivolous

. Counsel has provided Appellant with a copy of the b rief , a copy of the motion to
withdraw , and a copy of the clerk’s record and the reporter’s record “except for the sealed part of the exhibits.” Couns el advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel a lso advised Appellant of his right to file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court

. See T EX

. R. A PP

. P

. 68

. It appears
that c ourt

- appointed counsel has attempted to compl y with the requirements of Anders v. California , 386 U.S. 738 (1967); Kelly v. State , 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman , 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State , 813 S.W.2d 503 (Tex. Crim. App. 199 1)

. Appellant has not filed a pro se response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman , we have independently reviewed the record, and we dis agree with court

- appointed counsel’s conclusion th at the appeal is frivolous. Of particular concern to this court is the fact that Appellant was not present when the trial court pronounced Appellant’s sentence. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 42.03 , § 1(a) (West 2018). Accordingly, we grant counsel’s motion to withdraw, abate this proceeding,
and remand the ca u se to the trial court for the appointment of new appellate counsel.
See Bledsoe , 178 S.W.3d 824, 826

– 27 (Tex. Crim. App. 2005)

. We direct the tri al court to appoint new counsel to represent A ppellant on appeal. The trial court shall furnish the name, address, telephone number, and state bar number of new counsel
in its order appointing new counsel. The order shall be included in a supplemental
cl erk’s record, which shall be filed with the clerk of this court on or before3 November 1 , 201 9 . Appellant’s brief is due to be filed in this court t hirty days from the date of the trial court’s appointment of new counsel. The motion to withdraw is grante d ; the appeal is abated ; and the cause is
remanded to the trial court in accordance with this order.

PER CURIAM

October 18 , 2019 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher , J., and Wright, S.C.J. 1
Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Ea stland, sitting by assignment.