Donald Lee Hall v. State

• Court: Court of Appeals of Texas
• Decided: June 22, 2018
• Docket: 04-17-00597-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas June 22, 2018

No. 04-17-00597-CR

Donald Lee HALL, Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B16-253 Honorable M. Rex Emerson, Judge Presiding

ORDER Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to file his own brief and provided appellant with a form motion for requesting the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); 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.). The State has 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 request the appellate record, he must file the motion requesting the record within ten days from the date of this order. If the appellant desires to file a pro se brief, he must do so within thirty days from the date of this order. 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.

_________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of June, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court