Opinion
NO. 03-14-00313-CR
09-22-2014
Kirt Allen Esthay, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF CONCHO COUNTY, 119TH JUDICIAL DISTRICT
NO. DAS-13-01849, THE HONORABLE GARLAND B. WOODWARD, JUDGE PRESIDING
ORDER FOR CLERK TO PROVIDE APPELLATE RECORD TO APPELLANT
PER CURIAM
Appellant Kirt Allen Esthay appeals his conviction for aggravated assault. See Tex. Penal Code § 22.02. Appellant's court-appointed counsel has filed a motion to withdraw supported by a brief concluding that the instant appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744 (1967). Appellant's counsel has represented to the Court that he provided copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and supplied appellant with a form motion for pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Appellant has timely filed the motion requesting access to the appellate record with this Court.
Appellant's pro se motion is granted. We hereby direct the clerk of the trial court to provide a copy of the reporter's record and clerk's record to appellant, and to provide written verification to this Court of the date and manner in which the appellate record was provided, on or before October 2, 2014. See Kelly, 436 S.W.3d at 321.
It is so ordered on September 22, 2014. Before Chief Justice Jones, Justices Rose and Goodwin