Opinion
12-22-00274-CR
05-16-2023
JAMIE ONEAL BLACKSHIRE, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 369TH DISTRICT COURT IN AND FOR CHEROKEE COUNTY, TEXAS
ORDER
Came on for consideration the Appellant's Motion for Extension of Time to File Pro Se Brief in the above-referenced cause, and it appearing that Appellant's counsel has filed an Anders brief herein and that Appellant has been unable to adequately examine the record so that he can file a pro se brief, it is hereby ORDERED that the motion be, and hereby is GRANTED and that the trial court ensure that Appellant has the opportunity to fully and adequately examine the appellate record on or before Tuesday, May 30, 2023, by either paper form or by an electronic copy sent to the warden of Appellant's unit with explicit instructions to provide Appellant with supervised access to a computer upon which to review or print the record. See Kelly v. State, 436 S.W.3d 313, 318, 320 (Tex. Crim. App. 2014) (appellate courts have an "on-going responsibility, once an appellant manifests his desire for pro se record access, to officially guide the process and follow through to make sure that such access is granted before they rule on the validity of appointed counsel's Anders brief and motion to withdraw;" an "appellate court may not rule on the motion to withdraw and the validity of the Anders brief until the appellant has been given access to, and an adequate opportunity to review, the appellate record"). The court shall provide Appellant with a receipt letter to sign and return.
It is FURTHER ORDERED that the trial court notify this Court in writing as to the date or dates upon which the appellate record was made available to Appellant and the amount of time for which Appellant had access to the record on each date and provide this court with a copy of the receipt letter signed by the Appellant. Appellant shall have forty-five (45) days from the date the trial court transmitted the appellate record to him to file his pro se brief with this Court.
WITNESS THE HONORABLE JAMES T. WORTHEN, Chief Justice, Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas, this 16th day of May 2023, A.D.