Opinion
No. 04-19-00753-CR
07-23-2020
Paul PESINA, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 18-10-161-CRW
Honorable Donna S. Rayes, Judge Presiding
ORDER
Appellant's court-appointed attorney has filed 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 has informed appellant of his right to file his own brief and provided appellant with a form motion for requesting the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); 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.).
If appellant desires to request the appellate record, he must file the motion requesting the record within fourteen (14) days from the date of this order. If appellant desires to file a pro se brief, he must do so within forty-five (45) days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1. If appellant files a pro se brief, the State may file a responsive brief no later than thirty (30) days after the date appellant's pro se brief is filed in this court.
It is ORDERED that counsel's motion to withdraw and motion to remove cost assessments from the judgment are CARRIED with the appeal. It is further ORDERED that counsel's motion for an extension of time to file the Anders brief is GRANTED.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of July, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court