Opinion
No. 04-16-00750-CR
06-07-2017
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A16290
Honorable N. Keith Williams, Judge Presiding
ORDER
On May 22, 2017, Appellant's court-appointed appellate counsel filed an Anders brief and a motion to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). In counsel's certification to this court, Appellant's counsel explained that he took the following steps:
(1) notified Appellant that counsel filed an Anders brief and a motion to withdraw, and provided Appellant with a copy of the documents;
(2) advised Appellant of her right to review the appellate record and to file a pro se brief; and
(3) provided Appellant with a copy of the clerk's and reporter's records.
See Kelly v. State, 436 S.W.3d 313, 318-20 (Tex. Crim. App. 2014); Ex parte Owens, 206 S.W.3d 670, 674 n.28 (Tex. Crim. App. 2006); Meza v. State, 206 S.W.3d 684, 688-89 (Tex. Crim. App. 2006).
The State filed a letter conditionally waiving its right to file a brief.
Appellant's pro se brief is due THIRTY DAYS from the date of this order. See TEX. R. APP. P. 38.6(a).
If Appellant files a pro se brief, the State may file a responsive brief within THIRTY DAYS after Appellant's pro se brief is filed in this court. See id. R. 38.6(b).
If this court determines Appellant's appeal is frivolous, Appellant may file a petition for discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711.
Counsel's motion to withdraw is held in abeyance pending further order of this court.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk