Narrative Opinion Summary
Appellant Carter Cole Bomer is appealing a decision from the 207th District Court of Comal County, with Judge Dib Waldrip presiding. Appellant's court-appointed counsel has filed a motion to withdraw, asserting that the appeal is frivolous and without merit, referencing Anders v. California. The counsel has certified that they provided Bomer with copies of the motion and brief, informed him of his right to review the appellate record and file a pro se response, and offered a form for pro se access to the appellate record. The Court, acting on its own initiative, has ordered the trial court clerk to supply Bomer with copies of both the reporter’s record and the clerk’s record. The clerk must also provide written verification of the delivery details to the Court by October 3, 2022. The order was issued on September 21, 2022, and is signed by Justices Goodwin, Baker, and Kelly, with a note that the document is not for publication.
Legal Issues Addressed
Court's Initiative in Providing Appellate Recordssubscribe to see similar legal issues
Application: The Court proactively ordered the trial court clerk to supply the appellant with copies of the necessary records and required verification of this action.
Reasoning: The Court, acting on its own initiative, has ordered the trial court clerk to supply Bomer with copies of both the reporter’s record and the clerk’s record.
Right to Access Appellate Recordssubscribe to see similar legal issues
Application: The appellant was informed of his right to review the appellate record and was provided with the necessary resources to file a pro se response.
Reasoning: The counsel has certified that they provided Bomer with copies of the motion and brief, informed him of his right to review the appellate record and file a pro se response, and offered a form for pro se access to the appellate record.
Verification of Record Deliverysubscribe to see similar legal issues
Application: The trial court clerk was mandated to provide written verification of the delivery of the appellate records to the Court by a specified deadline.
Reasoning: The clerk must also provide written verification of the delivery details to the Court by October 3, 2022.
Withdrawal of Counsel in Frivolous Appealssubscribe to see similar legal issues
Application: The appellant's counsel filed a motion to withdraw, citing the appeal as frivolous and without merit, in accordance with the procedure established by Anders v. California.
Reasoning: Appellant's court-appointed counsel has filed a motion to withdraw, asserting that the appeal is frivolous and without merit, referencing Anders v. California.