From Casetext: Smarter Legal Research

Garcia v. State

Fourth Court of Appeals San Antonio, Texas
Mar 4, 2020
No. 04-19-00705-CR (Tex. App. Mar. 4, 2020)

Opinion

No. 04-19-00705-CR

03-04-2020

Ernesto Esquivel GARCIA, Appellant v. THE STATE OF TEXAS, Appellee


COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION CHIEF JUSTICE
REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA IRENE RIOS BETH WATKINS LIZA A. RODRIGUEZ JUSTICES Ernesto Esquivel Garcia
21 FM 274
TDCJ#02300014
Huntsville, TX 77320

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours,

MICHAEL A. CRUZ,

Clerk of Court

/s/_________

Cecilia Phillips

Deputy Clerk, Ext. 5-3221 cc: Barbara Paulissen (DELIVERED VIA E-MAIL)
Joe D. Gonzales (DELIVERED VIA E-MAIL)
Michael Dwight Goains (DELIVERED VIA E-MAIL) From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR7806
Honorable Kevin M. O'Connell, Judge Presiding

ORDER

In this appeal, Appellant's court-appointed counsel filed an Anders brief and notified Appellant of his right to file a pro se brief. Thereafter, the State waived its right to file a response to the Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967). On February 28, 2020, Appellant Ernesto Esquivel Garcia, an indigent inmate, moved this court for a free copy of the appellate record. See TEX. R. APP. P. 20.2.

Appellant's motion for a free copy of the appellate record is GRANTED.

We direct the clerk of this court to (1) provide Appellant with a printed copy of the appellate record—the clerk's and reporter's records—at no cost to Appellant, (2) record in this court's records the date the appellate record was mailed to Appellant, and (3) do both these tasks within FIVE DAYS of the date of this order. See id.; Newman v. State, 937 S.W.2d 1, 3 (Tex. Crim. App. 1996) ("[T]he trial court has a duty to provide an indigent defendant with an adequate record on appeal.").

The appellate record should be mailed to Appellant at the following address:

Ernesto Esquivel Garcia
TDCJ Number 02300014
21 FM 247
Huntsville, TX 77320

Appellant's pro se brief will be due THIRTY-FIVE DAYS after this court mails Appellant a printed copy of the appellate record. See TEX. R. APP. P. 38.6(a).

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of March, 2020.

/s/_________

MICHAEL A. CRUZ,

Clerk of Court

MINUTES

From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR7806
Honorable Kevin M. O'Connell, Judge Presiding

ORDER

In this appeal, Appellant's court-appointed counsel filed an Anders brief and notified Appellant of his right to file a pro se brief. Thereafter, the State waived its right to file a response to the Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967). On February 28, 2020, Appellant Ernesto Esquivel Garcia, an indigent inmate, moved this court for a free copy of the appellate record. See TEX. R. APP. P. 20.2.

Appellant's motion for a free copy of the appellate record is GRANTED.

We direct the clerk of this court to (1) provide Appellant with a printed copy of the appellate record—the clerk's and reporter's records—at no cost to Appellant, (2) record in this court's records the date the appellate record was mailed to Appellant, and (3) do both these tasks within FIVE DAYS of the date of this order. See id.; Newman v. State, 937 S.W.2d 1, 3 (Tex. Crim. App. 1996) ("[T]he trial court has a duty to provide an indigent defendant with an adequate record on appeal.").

The appellate record should be mailed to Appellant at the following address:

Ernesto Esquivel Garcia
TDCJ Number 02300014
21 FM 247
Huntsville, TX 77320

Appellant's pro se brief will be due THIRTY-FIVE DAYS after this court mails Appellant a printed copy of the appellate record. See TEX. R. APP. P. 38.6(a).

/s/ Patricia O. Alvarez

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of March, 2020.

/s/ Michael A. Cruz

MICHAEL A. CRUZ,

Clerk of Court ENTERED THIS 4TH DAY OF MARCH, 2020.


Summaries of

Garcia v. State

Fourth Court of Appeals San Antonio, Texas
Mar 4, 2020
No. 04-19-00705-CR (Tex. App. Mar. 4, 2020)
Case details for

Garcia v. State

Case Details

Full title:Ernesto Esquivel GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 4, 2020

Citations

No. 04-19-00705-CR (Tex. App. Mar. 4, 2020)