Opinion
No. 06-17-00080-CR
07-05-2017
RITA ANN BARRKING, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court No. 5 Tarrant County, Texas
Trial Court No. 1467149 Before Morriss, C.J., Moseley and Burgess, JJ. ORDER
Appellant Rita Ann Barrking was convicted of assault causing bodily injury and was sentenced to 120 days' incarceration in the Tarrant County Jail. On June 13, 2017, Barrking's court-appointed appellate counsel, Don Davidson, filed an Anders brief, and on June 19, 2017, Barrking filed her pro se motion for access to the record. Pursuant to Kelly v. State, 436 S.W.3d 313, 321-22 (Tex. Crim. App. 2014), we are now required to enter an order specifying the procedure to be followed to ensure Barrking's access to the record. This order is intended to accomplish that goal.
The appellant's last name appears to be Barr-King. However, the name was misspelled on the judgment of conviction as Barrking.
Originally appealed to the Second Court of Appeals in Fort Worth, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Second 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).
Davidson advised this Court that he would provide a complete copy of the reporter's record and the clerk's record to Barrking by mail on July 5, 2017. Allowing a generous fifteen days for that record to be delivered to Barrking, we hereby set August 21, 2017, as the deadline for Barrking to file her pro se response to Davidson's Anders brief.
IT IS SO ORDERED.
BY THE COURT Date: July 5, 2017