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Lacina v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 21, 2022
No. 04-22-00021-CR (Tex. App. Jun. 21, 2022)

Opinion

04-22-00021-CR

06-21-2022

Robert Ray LACINA, Appellant v. The STATE of Texas, Appellee


From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CR-18-0000127 Honorable M. Rex Emerson, Judge Presiding

ORDER

Irene Rios, Justice

Appellant's court-appointed counsel filed a motion to withdraw and a brief pursuant to Anders v. California, 368 U.S. 738 (1967). Counsel asserts there are no meritorious issues to raise on appeal. Counsel certifies he informed appellant of his right to file his own brief and provided appellant with a form motion that appellant may use to request the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).

Appellant filed a pro se motion requesting access to the record. On May 23, 2022, we granted the motion, and ordered the clerk of this court to prepare and send a full and complete duplicate copy of the clerk's record and the reporter's record for trial court cause number CR-18-0000127 to appellant at his current address: Stringfellow Unit, TDCJ #02364642, 1200 FM 655, Rosharon, Texas 77583. Our order also stated that if, after reviewing the record, appellant desires to file a pro se brief, he must do so no later than July 7, 2022. On May 23, 2022, the clerk of this court mailed a full and complete copy of the appellate record to appellant.

On June 8, 2022, appellant filed a pro se motion requesting an additional sixty days in which to file his brief. In his motion, appellant mistakenly states the current deadline to file his brief is June 3, 2022. Because appellant's pro se brief is not due until July 7, 2022, we grant appellant a thirty-day extension. Therefore, appellant is ORDERED to file his brief no later than August 8, 2022. If appellant files a pro se brief, the State may file a responsive brief no later than thirty (30) days after the date appellant's pro se brief is filed in this court.


Summaries of

Lacina v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 21, 2022
No. 04-22-00021-CR (Tex. App. Jun. 21, 2022)
Case details for

Lacina v. State

Case Details

Full title:Robert Ray LACINA, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 21, 2022

Citations

No. 04-22-00021-CR (Tex. App. Jun. 21, 2022)