Opinion
No. 06-18-00108-CR
01-03-2019
MICHAEL BRANDON GARRETT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 188th District Court Gregg County, Texas
Trial Court No. 46938-A Before Morriss, C.J., Burgess and Stevens, JJ. ORDER
Appellant Michael Brandon Garrett was convicted of family violence assault and, after a sentence enhancement, was sentenced to twelve years' incarceration. Garrett has appealed from that conviction and the resulting sentence. On November 26, 2018, Garrett's court-appointed appellate counsel, Jason Cassel, filed an Anders brief, and on December 20, 2018, Garrett filed a pro se motion for access to the appellate record for purposes of preparing a response to his counsel's Anders brief. Under Kelly v. State, we are required to enter an order specifying the procedure to be followed to ensure Garrett's access to the record.
See Anders v. California, 386 U.S. 738 (1967).
Kelly v. State, 436 S.W.3d 313, 321-22 (Tex. Crim. App. 2014).
To ensure that Garrett receives a complete copy of the appellate record in a timely manner, we hereby order our clerk's office to provide a complete paper copy of the appellate record to Garrett care of the Bradshaw Unit in Henderson, Texas. Allowing ten days for that record to be delivered to Garrett and giving Garrett thirty days to prepare his pro se response, we hereby set February 11, 2019, as the deadline for Garrett to file his pro se response to his counsel's Anders brief.
IT IS SO ORDERED.
BY THE COURT DATE: January 3, 2019