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Ex parte Garcia

Fourth Court of Appeals San Antonio, Texas
Apr 17, 2015
No. 04-14-00809-CR (Tex. App. Apr. 17, 2015)

Opinion

No. 04-14-00809-CR

04-17-2015

Ex Parte George GARCIA, Appellant


From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2000CR5603W
The Honorable Andrew Wyatt Carruthers, Judge Presiding

ORDER

On April 7, 2015, Appellant's court-appointed counsel filed an Anders brief and a motion to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967). In the motion, 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 enclosed copies of the documents;



(2) advised Appellant of his right to review the appellate record and file a pro se brief;



(3) advised Appellant of his right to file a pro se petition for discretionary review should the court of appeals determine the appeal is frivolous; and



(4) provided Appellant with a pro se motion for access to the appellate record, addressed to the Fourth Court of Appeals, that lacked only Appellant's dated signature.

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).

If Appellant desires to file a pro se brief, we ORDER Appellant to do so within thirty days of 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 not later than thirty days after the date Appellant's pro se brief is filed in this court. See id. R. 38.6(b).

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 17th day of April, 2015.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Ex parte Garcia

Fourth Court of Appeals San Antonio, Texas
Apr 17, 2015
No. 04-14-00809-CR (Tex. App. Apr. 17, 2015)
Case details for

Ex parte Garcia

Case Details

Full title:Ex Parte George GARCIA, Appellant

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 17, 2015

Citations

No. 04-14-00809-CR (Tex. App. Apr. 17, 2015)