Frank Lee Oliva v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

January 30, 2020

No. 04-19-00561-CR

Frank Lee OLIVA,

Appellant

v.

The STATE of Texas,

Appellee

From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 17-08-0432-CRA Honorable Russell Wilson, 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 appellant desires to file a pro se brief in this appeal, 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 appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel in this appeal, to be HELD IN ABEYANCE pending further order of the court.

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Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of January, 2020.

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Michael A. Cruz, Clerk of Court