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Smith v. State

Fourth Court of Appeals San Antonio, Texas
May 24, 2018
No. 04-17-00813-CR (Tex. App. May. 24, 2018)

Opinion

No. 04-17-00813-CR

05-24-2018

Troy Dewitt SMITH, Appellant v. The STATE of Texas, Appellee


From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR11681C
Honorable Pat Priest, Judge Presiding

ORDER

Appellant's court-appointed attorney has 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 certifies he has served copies of the brief and motion on appellant, and has informed appellant of his right to review the record and file his own brief. 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.). Counsel additionally certifies "a copy of the clerk's record and reporter's record was emailed to the appellant when" counsel filed the brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014).

If appellant desires to file a pro se brief, he must do so on or before June 25, 2018. See Bruns, 924 S.W.2d at 177 n.1.

The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. 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.

We ORDER the motion to withdraw filed by appellant's counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).

/s/_________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of May, 2018.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Smith v. State

Fourth Court of Appeals San Antonio, Texas
May 24, 2018
No. 04-17-00813-CR (Tex. App. May. 24, 2018)
Case details for

Smith v. State

Case Details

Full title:Troy Dewitt SMITH, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 24, 2018

Citations

No. 04-17-00813-CR (Tex. App. May. 24, 2018)