Opinion
Appellate case number: 01-16-00795-CR
05-03-2018
Hugo Alberto Hernandez v. The State of Texas
ORDER Trial court case number: 1083518 Trial court: 230th District Court of Harris County
Appellant's appointed counsel filed an Anders brief. Appellant requested a copy of the record, which the court granted by order dated November 30, 2017. The trial court clerk advised this court that appellant received the record on December 15, 2017. The deadline for filing appellant's pro se response was January 16, 2018. No response was filed. Our opinion and judgment issued on March 27, 2018. Appointed counsel's motion to withdraw was granted the same day the opinion and judgment issued.
On April 27, 2018, appellant filed a motion for extension of time to file his pro se response and a motion for access to the record. Appellant also filed a motion to stay proceedings until he received access to the record and filed a pro se response. Because the appellate record reflects that the record has been provided to appellant, his motion for access to the record is DENIED, without prejudice to a future motion supported by proof that appellant never actually received the record. Because the court has issued its opinion, the motion to stay proceedings is also DENIED.
Rule 48.4 requires:
In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's right to file a pro se petition for discretionary review under Rule 68. This notification shall be sent certified mail, return receipt requested, to the defendant at his last known address. The attorney shall also send the court of appeals a letter certifying his compliance with this rule and attaching a copy of the return receipt within the time for filing a motion for rehearing. The court of appeals shall file this letter in its record of the appeal.This duty applies even after the court of appeals has granted counsel's motion to withdraw. See Ex parte Parra-Telles, No. AP-76,532, 2011 WL 128857, at *1 (Tex. Crim. App. Apr. 6, 2011) (citing In re Schulman, 252 S.W.3d 403, 412 n. 32 (Tex. Crim. App. 2008)).
The deadline for appellant's motion for rehearing was April 11, 2018.
The appellate record does not include a copy of the letter sent to appellant by his appointed appellate counsel, as required by the Rules of Appellate Procedure. Attorney E. Chevo Pastrano is ORDERED to comply with Rule 48.4 by filing with this court within 3 days of this order a letter certifying his compliance with the rule, or informing the court that he failed to do so.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: May 3, 2018