Opinion
14-23-00750-CR
03-19-2024
JOSHUA MCFERRAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 239th District Court Brazoria County, Texas Trial Court Cause No. 93022-CR-B
Panel Consists of Jewell, Bourliot, and Poissant, Justices.
ORDER
PER CURIAM
Appellant, proceeding pro se, appeals the denial of his petition for writ of habeas corpus pursuant to article 11.072 of the Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 11.072. On February 12, 2024, appellant filed a brief that does not comply with the Rules of Appellate Procedure. See Tex. R. App. P. 38.1. Appellant's brief lacks citations to the record and to legal authority. See Tex. R. App. P. 38.1(i).
Appellant has appointed counsel for the underlying related motion to adjudicate, but appellant is not entitled to appointed counsel with regard to his petition for writ of habeas corpus and its appeal. See Ex parte Nugent, 593 S.W.3d 416, 420 (Tex. App.-Houston [1st Dist.] 2019, no pet.) (citing Ex parte Graves, 70 S.W.3d 103, 110-11 (Tex. Crim. App. 2002)).
On February 29, 2024, the State filed a motion to require re-briefing pursuant to Rule 38.9 of the Texas Rules of Appellate Procedure. Tex.R.App.P. 38.9. Although we are to construe briefs liberally, appellant's brief does not adequately acquaint the court with the issues in this case nor does it present argument that enables us to decide the case. See id. Accordingly, we grant the State's motion and order appellant to submit a compliant supplemental brief within 30 days of the date of this order. The State's brief will be due 30 days after appellant's supplemental brief is filed.