Carmelina Valenzuela v. State

• Court: Court of Appeals of Texas
• Decided: December 16, 2014
• Docket: 04-14-00559-CR
• Status: Published

Opinion

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas December 12, 2014

No. 04-14-00559-CR

Carmelina VALENZUELA, Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B10726 Honorable M. Rex Emerson, Judge Presiding

ORDER On November 19, 2014, appellant’s court-appointed attorney filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. Counsel informed appellant of her right to file her own brief and obtain a copy of the record. 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 provided appellant with a “Pro Se Motion for Access to Appellate Record.” Appellant has not requested access to the record. On December 1, 2014, the State filed a letter waiving its right to file an appellee’s brief unless the appellant files a pro se brief.

If the appellant desires to file a pro se brief, he must do so no later than January 29, 2015. See Bruns, 924 S.W.2d at 177 n.1. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date the appellant’s pro se brief is filed in this court. It is further ORDERED that the motion to withdraw, filed by appellant’s counsel, is HELD IN ABEYANCE pending further order of the court.

We further ORDER the clerk of this court to serve a copy of this order on appellant, appellant’s counsel, the attorney for the State, and the clerk of the trial court.

_________________________________ Sandee Bryan Marion, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of December, 2014.

___________________________________ Keith E. Hottle Clerk of Court