Opinion
Appellate case number: 01-15-00762-CR
01-14-2016
Sidney Daunell Darrell v. The State of Texas
ORDER Trial court case number: 1421932 Trial court: 248th District Court of Harris County
Appellant's court-appointed counsel filed a brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel has not, however, filed a letter in accordance with Kelly v. State, "to (1) notify his client of the motion to withdraw and the accompanying Anders brief, providing him with a copy of each, (2) inform him of his right to file a pro se response and of his right to review the record preparatory to filing that response, (3) inform him of his pro se right to seek discretionary review should the court of appeals declare his appeal frivolous," and (4) "notify his client that, should he wish to exercise his right to review the appellate record in preparing to file a response to the Anders brief, he should immediately file a motion for pro se access to the appellate record with the applicable court of appeals," which letter includes "a form motion . . ., lacking only the appellant's signature and the date, . . . inform[ing] the appellant that, in order to effectuate his right to review the appellate record pro se, should he choose to invoke it, he must sign and date the motion and send it on to the court of appeals within ten days of the date of the letter from appellate counsel." 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014).
Accordingly, we order appellant's appointed counsel, Kyle R. Sampson, to send a letter and a form motion, such as the motion attached to this order, to the appellant in accordance with Kelly. Id. We further order appellant's appointed counsel to notify us, in writing, "that he has (1) informed the appellant of the motion to withdraw and attendant Anders brief, (2) provided the appellant with the requisite copies while notifying him of his various pro se rights, and (3) supplied him with a form motion for pro se access to the appellate record." Id. at 320. Counsel shall send the required letter to his client and shall file the required notice with the Clerk of this Court within 14 days of the date of this order.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: January 14, 2016