Opinion
Appellate case number: 01-16-00416-CR
09-22-2016
Johnny Lee Childress, Jr. v. The State of Texas
ORDER Trial court case number: 15-DCR-070013A Trial court: 400th District Court of Fort Bend County
Appellant's court-appointed counsel filed a brief on September 6, 2016, concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). On September 15, 2016, because appellant's counsel failed to file a motion to withdraw and the notice required with his amended Anders brief, we ordered counsel to send the required letter and file the motion, notice, and amended Anders brief within 10 days of the date of that order. On September 15, 2016, appellant, acting pro se, has filed the form motion requesting access to a copy of the record to prepare a response to counsel's brief and requesting a 30-day extension of time to file his pro se Anders brief response. See Kelly v. State, 436 S.W.3d 313, 315, 318-20 (Tex. Crim. App. 2014).
We grant the motion requesting access to the record and order the trial court clerk, no later than 10 days from the date of this order, to provide a copy of the record, including the clerk's record, the reporter's record, and any supplemental records, to the pro se appellant. The trial court clerk shall further certify to this Court, within 15 days of the date of this order, the date upon which delivery of the record to the appellant is made.
Finally, we grant appellant's motion for an extension of time to file a pro se Anders response. Appellant's pro se response to his counsel's Anders brief shall be filed within 45 days of the date of this order.
It is so ORDERED. Judge's signature: /s/ Laura Carter Higley
[×] Acting individually Date: September 22, 2016