Opinion
Appellate case number: 01-18-01079-CR
10-20-2020
Charles R. Jones v. The State of Texas
ORDER Trial court case number: 1510058 Trial court: 179th District Court of Harris County
Appellant, Charles R. Jones, was convicted of aggravated robbery sentenced to 30 years in prison. Appellant's appointed counsel on appeal filed a motion to withdraw, along with an Anders brief stating that the record presents no reversible error and that, therefore, the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967). Our Court affirmed the judgment of the trial court and granted counsel's motion to withdraw. Appellant subsequently filed a motion for en banc reconsideration. While the motion for en banc reconsideration was pending, the Court of Criminal Appeals granted appellant's petition for discretionary review and held that there was an arguable issue as to whether the State failed to prove at punishment that the prior aggravated robbery conviction in Cause Number 788056 was final. The Court of Criminal Appeals vacated the judgment affirming the trial court and remanded to our Court for further proceedings.
Because the Court of Criminal Appeals has ruled upon appellant's petition for discretionary review, appellant's pending motion for en banc reconsideration is dismissed as moot. Consisted with the Court of Criminal Appeals' opinion, we abate this appeal and remand to the trial court to appoint new appellate counsel to file a merits briefs addressing (1) whether the State failed to prove the finality of the prior aggravated robbery conviction in Cause Number 788056 and (2) any other ground that might support the appeal. The trial court is ordered to inform this Court in writing of the identity of new counsel and the date of appointment within 20 days of the date of this order. Appellant's brief will be due 30 days after the trial court appoints new counsel. This appeal will be reinstated after the notice of appointment is received by this Court.
It is so ORDERED. Judge's signature: /s/ Sarah B. Landau
Acting individually Date: October 20, 2020