Opinion
No. 06-17-00139-CR
01-30-2018
WILLIE GUILLERMO TORRES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 391st District Court Tom Green County, Texas
Trial Court No. D-15-0230-SB Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Appellant Willie Guillermo Torres was convicted of possession of a controlled substance and, after enhancement, was sentenced to forty years' imprisonment. Torres appealed from that conviction and the resulting sentence. On January 11, 2018, Torres' court-appointed appellate counsel, Nathan H. Butler, filed an Anders brief, and on January 26, 2018, Torres filed a pro se motion for access to the appellate record for purposes of preparing a response to his counsel's Anders brief. Under Kelly v. State, we are now required to enter an order specifying the procedure to be followed to ensure Torres' access to the record.
Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
See Anders v. California, 386 U.S. 738 (1967).
Kelly v. State, 436 S.W.3d 313, 321-22 (Tex. Crim. App. 2014).
To ensure that Torres receives a complete copy of the appellate record in a timely manner, we hereby order our clerk's office to provide a complete paper copy of the appellate record to Torres. Allowing ten days for that record to be delivered to Torres and giving Torres thirty days to prepare his pro se response, we hereby set March 12, 2018, as the deadline for Torres to file his pro se response to counsel's Anders brief.
IT IS SO ORDERED.
BY THE COURT Date: January 30, 2018