Opinion
No. 04-16-00816-CR
05-08-2017
Gilbert NAVARRO, Appellant v. The STATE of Texas, Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 15-0226-CR-C
Honorable William Old, Judge Presiding
ORDER
As we informed appellant previously by order, on April 20, 2017, appellant's court-appointed attorney filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel certified he had served copies of the brief and motion on appellant, and had informed appellant of his right to review the record and file his own brief, and had explained to appellant the procedure for obtaining the 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.). On May 2, 2017, counsel filed a letter stating that he had resent to appellant three copies of a motion for pro se access to the appellate record.
On May 1, 2017, appellant filed a letter, requesting additional time to file his own brief or appointment of new counsel. Pursuant to the procedures outlined in Anders v. California, 386 U.S. 738 (1967), appellant is not entitled to further appointed counsel unless this Court determines, after reviewing appellant's attorney's brief, any pro se brief filed, any brief filed by the State, and the appellate record, that appellant's appeal is not frivolous.
However, we GRANT appellant additional time to file a pro se brief. If appellant desires to file a pro se brief, he must do so on or before July 10 , 2017 . See Bruns, 924 S.W.2d at 177 n.1. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court