Opinion
No. 04-12-00866-CR
2013-10-04
Larry DIEKEN, Appellant v. THE STATE OF TEXAS, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 11-1564-CR
Honorable Gary L. Steel, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
On August 8, 2013, Appellant filed his brief; it complains only of assessed court costs because Appellant is allegedly indigent. See TEX. R. APP. P. 38.1. On September 6, 2013, the State filed a letter indicating it would not file an Appellee's brief in this case.
On September 26, 2013, Appellant filed a motion for leave to file a supplemental Anders brief based on a concurring opinion from the First Court of Appeals issued on September 12, 2013. See Hearne v. State, No. 01-12-00243-CR, 2013 WL 5006222, at *3 (Tex. App.— Houston [1st Dist.] Sept. 12, 2013, no. pet. h.) (Keyes, J., concurring) (addressing the protections offered by following an Anders procedure for appeals limited to challenging court costs); 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4 (requiring leave of court to supplement a brief).
Appellant's motion is GRANTED. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4.
It is so ORDERED on the 4th day of October, 2013.
PER CURIAM ATTESTED TO: ___________________
Keith E. Hottle
Clerk of Court