Aaron Pouch v. the State of Texas

Court of Appeals of Texas

Aaron Pouch v. the State of Texas

DecidedJanuary 11, 2023

Docket04-22-00420-CR

StatusPublished

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Opinion

Fourth Court of Appeals San Antonio, Texas January 11, 2023

No. 04-22-00420-CR

Aaron POUCH, Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B19843-1 Honorable M. Rex Emerson, Judge Presiding

ORDER After Appellant’s court-appointed counsel filed an Anders brief, on November 22, 2022, we notified Appellant that if he desired to file a pro se brief, he must file it by January 3, 2023. See TEX. R. APP. P. 38.6(a). On January 3, 2023, Appellant filed a pro se motion for access to the appellate record.

We direct the clerk of this court to send Appellant, by first-class mail, a printed copy of the clerk’s and reporter’s records at no cost to Appellant, and to mail the records within one day of the date of this order.

Appellant also requested additional time to file a pro se brief. The request is granted. We order Appellant to file his brief within forty days of the date of this order. See TEX. R. APP. P. 38.6(d). If Appellant files a pro se brief, the State may file a responsive brief not later than thirty days after the date Appellant’s pro se brief is filed in this court. See id. R. 38.6(b).

If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. Counsel’s motion to withdraw is held in abeyance pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas January 11, 2023

No. 04-22-00420-CR

Aaron POUCH, Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B19843-1 Honorable M. Rex Emerson, Judge Presiding

ORDER After Appellant’s court-appointed counsel filed an Anders brief, on November 22, 2022, we notified Appellant that if he desired to file a pro se brief, he must file it by January 3, 2023. See TEX. R. APP. P. 38.6(a). On January 3, 2023, Appellant filed a pro se motion for access to the appellate record.

We direct the clerk of this court to send Appellant, by first-class mail, a printed copy of the clerk’s and reporter’s records at no cost to Appellant, and to mail the records within one day of the date of this order.

Appellant also requested additional time to file a pro se brief. The request is granted. We order Appellant to file his brief within forty days of the date of this order. See TEX. R. APP. P. 38.6(d). If Appellant files a pro se brief, the State may file a responsive brief not later than thirty days after the date Appellant’s pro se brief is filed in this court. See id. R. 38.6(b).

If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. Counsel’s motion to withdraw is held in abeyance pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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