Brandon Lonell Vester v. State

Opinion

Order entered August 6, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-17-01351-CR

BRANDON LONELL VESTER, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas

Trial Court Cause No. F16-54035-J

ORDER

Before the Court are appellant’s July 30, 2018 motions for an extension of time to file his

pro se response and for dismissal and substitution of counsel. Because the Court has not yet submitted this case and resolved counsel’s pending motion to withdraw and supporting Anders brief, appellant’s motion to dismiss and substitute counsel is DENIED.

We GRANT appellant’s motion for extension and order relief as follows.

On June 20, 2018, the Court entered an order directing counsel to send appellant copies of the clerk’s and reporter’s records and to provide written verification of compliance to the Court by July 6, 2018. To date, the Court has not received verification of compliance from counsel. Furthermore, in his motion for extension, appellant indicates he has not yet had access to the record.

We ORDER Niles Illich, appellant’s counsel, to transmit to appellant a full copy of the clerk’s record including the volume sealed by the trial court. We further ORDER Niles Illich to transmit to appellant a copy of volumes one through six and volume nine of the reporter’s record, including that portion of volume nine that was sealed by the trial court.1 We ORDER Niles Illich to transmit to the Court, within FOURTEEN DAYS of the date of this order, written verification that the portions of the record described hereinabove have been transmitted to appellant.

The time to file appellant’s pro se response to counsel’s Anders brief is extended to September 28, 2018.

We DIRECT the Clerk to send a copy of this order, by electronic transmission, to counsel for both parties. We further DIRECT the Clerk to send a copy of this order, by first class mail, to Brandon Lonell Vester.

/s/ CRAIG STODDART

JUSTICE

1 Sealed volumes seven and eight of the reporter’s record consist of medical records of the complainant. The sealed portion of volume nine consists of appellant’s own medical records.