Opinion
No. 05-14-00237-CR
05-13-2014
JEFFREY MOTT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-82489-10
ORDER
The Court has before it appellant's May 9, 2014 motion to extend time to file his brief. We note that counsel filed an Anders brief in this case. The appeal is from appellant's conviction following the adjudication of his guilt. Although counsel briefly discusses the original plea hearing and states that evidence was presented, the reporter's record of the guilty plea hearing is not before the Court. Moreover, the record reflects that the conditions of appellant's community supervision were modified, but counsel does not discuss the proceedings, if any, at which the modifications were made. Finally, counsel does not address any motions that were filed by appellant. Accordingly, we conclude the brief does not satisfy the requirements of Anders and its progeny. See Jeffery v. State, 903 S.W.2d 776 (Tex. App.–Dallas 1995, no pet.). Accordingly, we DENY the May 9, 2014 extension motion as moot and STRIKE the Anders brief tendered by counsel.
We ORDER Kim Tinsley, official court reporter of the 401st Judicial District Court, to file, or coordinate the filing of, the reporter's record of the July 15, 2011 plea hearing, as well as the records of any other hearings, within THIRTY DAYS of the date of this order.
We ORDER counsel to file, within SIXTY DAYS of the date of this order, either an amended brief that complies with the requirements of Anders and its progeny or a brief raising issues on the merits.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Kim Tinsley, official court reporter, 301st Judicial District Court, and to counsel for all parties.
LANA MYERS
JUSTICE