IN THE TENTH COURT OF APPEALS No. 10-12-00352-CR ANDRES FRANCISCO MENDIETA, Appellant v. THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2012-197-C1

ORDER

Appellant’s pro se response to his counsel’s Anders brief was filed on May 15, 2013 and was not taken into consideration in the Court’s opinion. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Thus, the Court’s opinion and judgment issued on May 16, 2013 are withdrawn. The Court’s order granting counsel’s motion to withdraw is also withdrawn. The State has 30 days from the date of this order to file its response, if any, to the Anders brief and appellant’s response. If no response from the State is to be filed, the State must notify the Court as soon as practicable.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Opinion, order, and judgment withdrawn Order issued and filed May 23, 2013

Mendieta v. State Page 2