Opinion
01-23-00238-CR
01-09-2024
Caleb Seth Barrow v. The State of Texas
Trial court: 344th District Court of Chambers County Trial court case number: 20DCR0041
ORDER
Peter Kelly Judge
Appellant Caleb Seth Barrow's court-appointed counsel filed a brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel has not, however, filed a letter in accordance with Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). In Kelly, the Court of Criminal Appeals held that a lawyer who files and Anders brief must write a letter to his client, notifying him of the motion to withdraw and accompanying Anders brief, informing appellant of his right to file a pro se response and to review the record before filing the response, and of appellant's right to seek discretionary review if the court of appeals declared his appeal frivolous. Id. at 319. The Court further stated that counsel should include with the letter a form motion for access to the record, lacking only appellant's signature and date, which appellant could send to the court of appeals. See id.
Appellant has filed a motion for access to the record and thus, counsel may have sent appellant a form motion. However, counsel has not filed the letter with this Court stating that he has complied with the other requirements of Kelly v. State.
Accordingly, we order appellant's appointed counsel, Dan P. Bradley, to send a letter to the appellant in accordance with Kelly. Id. We further order appellant's appointed counsel to notify us, in writing, "that [she] has (1) informed the appellant of the motion to withdraw, (2) provided the appellant with the requisite copies while notifying him of his various pro se rights, and (3) supplied him with a form motion for pro se access to the appellate record." Id. at 320. Counsel shall send the required letter to her client and shall file the required notice with the Clerk of this Court within 14 days of the date of this order.
It is so ORDERED.