Opinion
04-23-00111-CR
10-19-2023
Lane Devon WOOTAN, Appellant v. The STATE of Texas, Appellee
From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CR-1694 Honorable Velia J. Meza, Judge Presiding
ORDER
BETH WATKINS, JUSTICE
On August 21, 2023, appellant's court-appointed attorney filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel certifies he served copies of the brief and motion on appellant, informed appellant of his right to review the record and file his own brief, informed appellant of his right to seek discretionary review should the court of appeals declare the appeal frivolous, and provided appellant with a form for requesting the record and explained to appellant the procedure for obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83 (Tex. App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.). On September 14, 2023, appellant's court-appointed attorney filed amended versions of the motion to withdraw and the form "Motion for Free Copy of Appellate Record."
On October 18, 2023, appellant filed a motion for extension of time to file his pro se brief. Appellant's motion indicated that he did not receive his appointed counsel's Anders brief, motion to withdraw, or explanation regarding the procedure for obtaining the record. After reviewing our records, it appears that appellant, who is currently incarcerated, was transferred to a different facility before he received the materials filed by his appointed counsel.
After consideration, we GRANT appellant's request for an extension of time to file his pro se brief. We ORDER the clerk of this court to send appellant copies of: (1) the "Brief for the Appellant" and accompanying client letter filed by appellant's appointed counsel on August 21, 2023; (2) the motion to withdraw and form "Motion for Free Copy of Appellate Record" filed by appellant's appointed counsel on September 14, 2023; and (3) this court's pro se litigant guide.
If appellant wishes to file the form "Motion for Free Copy of Appellate Record," we ORDER that he do so by October 30, 2023. If appellant wishes to file a pro se brief, we ORDER that he do so by November 28, 2023. At this time, the State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.