Opinion
Appellate case number: 01-18-01123-CR
08-15-2019
Tyrus Nathaniel Green v. The State of Texas
ORDER ON MOTION Trial court case number: 1522737 Trial court: 182nd District Court of Harris County
This Court's July 9, 2019 Order had directed appellant's court-appointed counsel, Aimee Bolletino, to file a motion to withdraw after she had filed an Anders brief in the above-styled case on July 2, 2019, without a motion to withdraw. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Then this Court's July 18, 2019 Order granted appellant Tyrus Nathaniel Green's pro se motion for access to a copy of the appellate records and a motion requesting a 60-day extension of time to file his pro se Anders brief response until September 16, 2019. See Kelly v. State, 436 S.W.3d 313, 315, 318-20 (Tex. Crim. App. 2014). On July 19, 2019, the district clerk filed notice in this Court that it had forwarded a copy of the appellate records to the pro se appellant. To date, neither the motion to withdraw nor the confirmation of delivery of records has been filed.
On August 8, 2019, appellant filed a second pro se request for an unspecified extension of time to file his Anders response and noted that he still needs the transcript/court records to file it. Accordingly, the Court grants appellant's second motion for an extension of time to file his pro se Anders response until September 30, 2019.
Appellant's counsel, Aimee Bolletino, is ordered to send the Kelly letter to her client and shall file the required motion to withdraw and Kelly notice with the Clerk of this Court within 10 days of the date of this order. See TEX. R. APP. P. 6.5, 9; Kelly, 436 S.W.3d at 319-20. Finally, the district clerk is to file confirmation of delivery of the records within 10 days of the date of this order.
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court Date: August 15, 2019