Opinion
No. 04-18-00502-CR
02-28-2019
Ronardo FAIRLY, Appellant v. The STATE of Texas, Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR3148
Honorable Joey Contreras, Judge Presiding
ORDER
On February 19, 2019, 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 his right to review the appellate record and file a pro se brief;
(3) 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; and
(4) advised Appellant of his right to seek discretionary review in the Court of Criminal Appeals if this court determines his appeal is frivolous.
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.
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).
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 28th day of February, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court