Opinion
No. 06-19-00029-CR
07-10-2019
BRODERICK MAXIMILLIAN MCHENRY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 71st District Court Harrison County, Texas
Trial Court No. 16-0281X Before Morriss, C.J., Burgess and Stevens, JJ. ORDER
Appellant Broderick Maximillian McHenry was convicted of aggravated robbery and sentenced to sixty years' imprisonment. McHenry has appealed from that conviction and the resulting sentence. On June 13, 2019, McHenry's court-appointed appellate counsel, Jason Cassel, filed an Anders brief, and on July 3, 2019, McHenry filed a pro se motion for access to the appellate record for purposes of preparing a response to his counsel's Anders brief. McHenry's motion for access to the appellate record is granted. Under Kelly v. State, we are required to enter an order specifying the procedure to be followed to ensure McHenry'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 McHenry receives a complete copy of the appellate record in a timely manner, we instructed our clerk's office to forward a complete paper copy of the appellate record to McHenry at the Coffield Unit of the Texas Department of Criminal Justice in Tennessee Colony, Texas. We further instructed our clerk's office to forward copies of the digitally recorded exhibits contained in the appellate record to McHenry care of Correctional Office Blair Pack, Law Library, Coffield Unit, 2661 FM 2054, Tennessee Colony, Texas 75884. Allowing fifteen days for the record to be delivered to McHenry and giving McHenry thirty days to prepare his pro se response, we hereby set August 26, 2019, as the deadline for McHenry to file his pro se response to his counsel's Anders brief.
As part of his motion for access to the appellate record, McHenry also requested the appointment of new counsel to represent him on appeal. Because we find that McHenry is not entitled to the appointment of new appellate counsel, that portion of his motion is denied.
IT IS SO ORDERED.
BY THE COURT DATE: July 10, 2019