Court of Civil Appeals of Texas, 2017

Armando Rios, Jr. v. State

Armando Rios, Jr. v. State
Court of Civil Appeals of Texas · Decided December 19, 2017

Armando Rios, Jr. v. State

Opinion

ACCEPTED 02-17-00217-CR SECOND COURT OF APPEALS FORT WORTH, TEXAS 12/19/2017 12:40 PM DEBRA SPISAK CLERK

FILED IN SHAREN WILSON 2nd COURT OF APPEALS Criminal District Attorney FORT WORTH, TEXAS Tarrant County 12/19/2017 12:40:26 PM DEBRA SPISAK Clerk December 19, 2017 Debra Spisak, Clerk Court of Appeals for the Second District of Texas Tim Curry Criminal Justice Center W. Belknap, Suite 9000 Fort Worth, Texas 76196 Re: Cause No. 02-17-00217-CR Trial Court No. 1446091D Armando Rios, Jr. v. The State of Texas Dear Ms. Spisak, On November 6, 2017, counsel for Appellant filed a motion to withdraw and a brief supporting the motion pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there were no arguable grounds for relief and that Appellant’s appeal was frivolous. Appellant did not file a response.

The State agrees with Appellant’s counsel that there are no arguable grounds for relief and that Appellant’s appeal is frivolous. Counsel’s motion to withdraw should be granted and Appellant’s conviction and sentence should be affirmed.

However, if this Court determines that there are arguable issues and abates the appeal to appoint new counsel, the State reserves the right to reply to those issues. See, e.g.,

401 West Belknap • Fort Worth, Texas 76196 • 817.884.1400 In re Schulman, 252 S.W.3d 403, 409 (Tex. Crim. App. 2008) (setting out procedural steps in Anders appeals).

I would appreciate it if you would bring this letter to the Court’s attention.

Thank you for your assistance in this matter.

Respectfully submitted, /s/ John E. Meskunas John E. Meskunas Assistant Criminal District Attorney State Bar No. 24055967 [email protected] cc: Mike Berger, via e-service Armando Rios, Jr., via mail

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