Opinion
No. 04-12-00866-CR
11-20-2013
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
Appellant is indigent. His court-appointed attorney filed an Anders brief in which counsel asserts there are no meritorious issues to raise on appeal. See generally Anders v. California, 386 U.S. 738 (1967). Counsel informed Appellant of his right to file his own brief. See Nichols v. State, 954 S.W.2d 83, 85 (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 October 29, 2013, this court advised Appellant that if he wished to file a pro se brief, he must file it by December 2, 2013.
On November 15, 2013, Appellant filed (1) a motion for a free copy of the court's and reporter's records and (2) a motion for extension of time to file his brief until February 26, 2014, for a total extension of 120 days.
Appellant's motion for a free copy of the record is GRANTED. We DIRECT the clerk of this court to prepare and deliver to Appellant a copy of the clerk's and reporter's records at no cost to Appellant. See TEX. R. APP. P. 20.1(k).
Appellant's motion for extension of time to file his pro se brief is GRANTED IN PART. Appellant's pro se brief must be filed with this court within FORTY DAYS after this court sends Appellant a copy of the clerk's and reporter's records. See id. R. 38.6(a).
It is so ORDERED on the 20th day of November, 2013.
PER CURIAM ATTESTED TO: _____________
Keith E. Hottle
Clerk of Court