Kenneth Allen Goetz v. State

Opinion

Fourth Court of Appeals San Antonio, Texas August 28, 2015

No. 04-15-00284-CR

Kenneth Allen GOETZ, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR7400W Honorable Sid L. Harle, Judge Presiding

ORDER

Appellant’s attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), as well as a motion to withdraw; however, the motion is not accompanied by an exhibit showing that counsel has:

o notified appellant of the motion to withdraw and the accompanying Anders brief and provided appellant with a copy of each;

o informed appellant of appellant’s right to file a pro se response and of appellant’s right to review the record prior to filing that response;

o informed appellant of appellant’s pro se right to seek discretionary review should the court of appeals declare appellant’s appeal frivolous; or

o notified appellant that, should appellant wish to exercise the right to review the appellate record in preparing to file a response to the Anders brief, appellant should immediately file a motion for pro se access to the appellate record with this court and provided appellant with a form motion for this purpose and a mailing address for this court.

See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.). It is therefore ORDERED that appellant’s attorney file the requisite exhibit in this court no later than 10 days from the date of this order.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2015.

___________________________________ Keith E. Hottle Clerk of