Freddie Lee Scott v. State

Opinion

The State of

Fourth Court of Appeals San Antonio, Texas June 10, 2015

No. 04-15-00046-CR

Freddie Lee SCOTT, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR8008 Honorable Lori I. Valenzuela, Judge Presiding

ORDER

On June 3, 2015, Appellant’s court-appointed counsel filed an Anders brief and a motion to withdraw in companion appeals numbered 04-15-00045-CR and 04-15-0046-CR. See Anders v. California, 386 U.S. 738, 744 (1967). In counsel’s certification to this court, Appellant’s counsel explained that she took the following steps:

(1) notified Appellant that counsel filed an Anders brief and a motion to withdraw, and provided Appellant with a copy of the documents; (2) advised Appellant of his right to review the appellate record and file a pro se brief; (3) advised Appellant of his right to file a pro se petition for discretionary review should the court of appeals determine the appeal is frivolous; and (4) provided Appellant with a pro se motion for access to the appellate record, addressed to the Fourth Court of Appeals, that lacked only Appellant’s dated signature.

See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014); Ex parte Owens, 206 S.W.3d 670, 674 n.28 (Tex. Crim. App. 2006); Meza v. State, 206 S.W.3d 684, 688–89 (Tex. Crim. App. 2006). The State filed a letter conditionally waiving its right to file a brief. If Appellant desires to file a pro se brief, we ORDER Appellant to do so within thirty days of the date of this order. See TEX. R. APP. P. 38.6(a). If Appellant files a pro se brief, the State may file a responsive brief not later than thirty days after the date Appellant’s pro se brief is filed in this court. See id. R. 38.6(b). Counsel’s motion to withdraw is HELD IN ABEYANCE pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of June, 2015.

___________________________________ Keith E. Hottle Clerk of Court