Opinion
01-23-00274-CR
11-28-2023
Javon Lee Gilbert v. The State of Texas
209th District Court of Harris County Trial court case number: 1409965
ORDER
RICHARD HIGHTOWER, JUDGE
Appellant Javon Lee Gilbert's court-appointed counsel filed a brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967). Counsel has not, however, filed a letter in accordance with Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014), "to notify his client that, should he wish to exercise his right to review the appellate record in preparing to file a response to the Anders brief, he should immediately file a motion for pro se access to the appellate record with the applicable court of appeals," which letter includes "a form motion . . ., lacking only the appellant's signature and the date, . . . informing] the appellant that, in order to effectuate his right to review the appellate record pro se, should he choose to invoke it, he must sign and date the motion and send it on to the court of appeals within ten days of the date of the letter from appellate counsel." 436 S.W.3d at 319-20.
Accordingly, we order appellant's appointed counsel, BreAnna Schwatrz, to send a letter and a form motion, such as the motion attached to this order, to the appellant in accordance with Kelly. Id. We further order appellant's appointed counsel to notify us, in writing, "that [she] has (1) informed the appellant of the motion to withdraw, (2) provided the appellant with the requisite copies while notifying him of his various pro se rights, and (3) supplied him with a form motion for pro se access to the appellate record." Id. at 320. Counsel shall send the required letter to her client and shall file the required notice with the Clerk of this Court within 14 days of the date of this order.
It is so ORDERED.