Opinion
Appellate case number: 01-18-00714-CR
08-29-2019
Walter Nelson v. The State of Texas
ORDER ON MOTION Trial court case number: 1484407 Trial court: 232nd District Court of Harris County
Appellant's court-appointed counsel, Richard K. Oliver, filed a motion to withdraw and appellate brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). On August 23, 2019, appellant, acting pro se, filed a request for trial transcripts and all related documents from his appellate attorney, stating that he was only recently notified by his counsel of the motion to withdraw, and he is requesting access to a copy of the records to prepare a pro se Anders brief response. See Kelly v. State, 436 S.W.3d 313, 315, 318-20 (Tex. Crim. App. 2014).
Accordingly, the Court construes appellant's request as a motion requesting the record and a motion for an extension request to file a pro se response, grants appellant's motion requesting the record and orders the district clerk, no later than 10 days from the date of this order, to provide a copy of the clerk's and reporter's 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 records to the appellant is made.
Finally, the Court grants 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/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: August 29, 2019