Armando Carrion v. State

• Court: Court of Appeals of Texas
• Decided: July 1, 2014
• Docket: 04-14-00314-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas July 1, 2014

No. 04-14-00314-CR

Armando CARRION, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR4953 Honorable Philip A. Kazen, Jr., Judge Presiding

ORDER Appellant’s attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967). Because the brief was filed only one day after the Texas Court of Criminal Appeals issued its decision in Kelly v. State, No. PD-07-02-13, 2014 WL 2865901, at *3 (Tex. Crim. App. June 25, 2014), it does not appear that appellant’s attorney has complied with the new requirement imposed by the Court in Kelly which requires appellant to: (1) notify appellant that, should appellant wish to exercise the right to review the appellate record in preparing to file a response to the Anders brief, appellant should immediately file a motion for pro se access to the appellate record with this court within ten days; and (2) provide appellant with a form motion for this purpose. It is therefore ORDERED that appellant’s attorney file an exhibit documenting his compliance with the Kelly requirement in this court no later than 10 days from the date of this order.

_________________________________ Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court