Opinion
No. 04-17-00300-CV
09-07-2017
IN THE INTEREST OF E.L.M.H., A CHILD
From the 451st Judicial District Court, Kendall County, Texas
Trial Court No. 16-244
Honorable Cathy Morris, Judge Presiding
ORDER
Appellant's attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967); however, the brief is not accompanied by:
? an exhibit showing that counsel has notified appellant of the accompanying Anders brief and provided appellant with a copy of such;See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); see also In re P.M., 520 S.W.3d 24 (Tex. 2016) (holding right to counsel under Section 107.013(a)(1) of the Texas Family Code through the exhaustion of appeals under Section 107.016(2)(B) includes all proceedings in the Supreme Court of Texas, including the filing of a petition for review).
? an exhibit showing that counsel has informed appellant of appellant's right to file a pro se response and of appellant's right to review the record preparatory to filing that response;
? an exhibit showing that counsel has informed appellant of appellant's pro se right to seek discretionary review should the court of appeals declare appellant's appeal frivolous; or
? an exhibit showing that counsel has notified appellant that, should appellant wish to exercise the right to review the appellate record in preparing to file a response to the Anders brief, appellant should immediately file a motion for pro se access to the appellate record with this court and provided appellant with a form motion for this purpose and a mailing address for this court.
It is therefore ORDERED that appellant's attorney file the requisite exhibits in this court no later than 10 days from the date of this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of September, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court