Court of Civil Appeals of Texas, 2019

Gerald Allen Spikes v. State

Gerald Allen Spikes v. State
Court of Civil Appeals of Texas · Decided August 1, 2019

Gerald Allen Spikes v. State

Opinion

Abatement order filed August 1, 2019

In The Fourteenth Court of Appeals ____________ NO. 14-18-00884-CR ____________ GERALD ALLEN SPIKES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 1517921 ABATEMENT ORDER Appellant appeals the adjudication of his guilt for aggravated assault with a deadly weapon. Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

We disagree with appellate counsel’s conclusion that there are no arguable issues for appeal. See Anders, 386 U.S. at 744. By way of example, and without limitation, we observe there is a question as to the admissibility and suppressability of State’s exhibit 7. The Anders brief does not address this issue.

Accordingly, we abate the appeal and remand to the trial court with instructions to appoint other counsel and have a supplemental clerk’s record containing the appointment filed with the clerk of this court by September 6, 2019.

The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the trial court’s supplemental clerk’s record is filed with this court.

PER CURIAM

Panel consists of Justices Christopher, Bourliot, and Zimmerer.

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