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Menchaca v. State

Fourth Court of Appeals San Antonio, Texas
Jun 20, 2017
No. 04-16-00775-CR (Tex. App. Jun. 20, 2017)

Opinion

No. 04-16-00775-CR No. 04-16-00776-CR

06-20-2017

Samuel Chacon MENCHACA, Jr., Appellant v. The STATE of Texas, Appellee


From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A15427, A15428
Honorable N. Keith Williams, Judge Presiding

ORDER

Appellant's court-appointed attorney filed a motion to withdraw and a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel did not file a certification that he informed appellant of his right to file his own brief and to gain access to the appellate record. See 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.). Nor did counsel file a certification that he informed appellant of the procedure for obtaining the record in the court of conviction. See Nichols v. State, 954 S.W.2d at 85-86 and n. 1; Bruns v. State, 924 S.W.2d at 177 n. 1.

It is therefore ORDERED that counsel inform appellant of his right to file his own brief and to gain access to the appellate record and of the procedure for obtaining the record in the court of conviction. See Nichols v. State, 954 S.W.2d at 85-86 and n. 1; Bruns v. State, 924 S.W.2d at 177 n. 1. Counsel shall inform appellant and file the required certification in this Court on or before June 26, 2017.

/s/_________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Menchaca v. State

Fourth Court of Appeals San Antonio, Texas
Jun 20, 2017
No. 04-16-00775-CR (Tex. App. Jun. 20, 2017)
Case details for

Menchaca v. State

Case Details

Full title:Samuel Chacon MENCHACA, Jr., Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 20, 2017

Citations

No. 04-16-00775-CR (Tex. App. Jun. 20, 2017)