Lonnie Eugene Walsh v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-17-00175-CR

LONNIE EUGENE WALSH, Appellant

v.

THE STATE OF TEXAS, Appellee

From the County Court

Somervell County, Texas

Trial Court No. M-07956

ORDER

Counsel for Appellant, Lonnie Eugene Walsh, filed an Anders1 brief. Counsel informed Appellant of his right to review the record and file a pro se response, though it does not appear that counsel provided Appellant with a copy of the record in this case. See generally Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). On January 5, 2018, Appellant filed a request for documents contained in the record, including all motions

1 Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).

filed in this Court. Appellant’s request for documents is granted and will be implemented as provided for herein.

In accordance with Stanley v. State, No. 10-14-00320-CR, 2015 Tex. App. LEXIS 4719 (Tex. App.—Waco May 7, 2015, order) (per curiam), counsel is ORDERED to obtain and send to Appellant, within 14 days from the date of this order, copies of the clerk’s record, reporter’s record, and all documents in the appellate record and to simultaneously notify this Court, the State, the trial court, and the trial court clerk when counsel has completed this task. In the event that the record made available to Appellant must be returned to the trial court clerk, counsel must notify Appellant and this Court of that fact.

Counsel is reminded that there are certain rules and statutes that prohibit certain sensitive or illegal information from being included in a public record. See TEX. R. APP. P. 9.10. If counsel has identified any such information while conducting the review of the record as necessary to prepare the Anders brief in support of counsel’s motion to withdraw, counsel should take appropriate steps to redact or in some manner remove that information from the copy of the record that is being provided to Appellant.

Appellant is ORDERED to file his pro se response to counsel’s Anders brief within 30 days from the date counsel sends notice to the Court that the record has been forwarded to Appellant, unless the due date is extended by order of this Court upon proper and timely motion by Appellant. If counsel notified Appellant and this Court that

Walsh v. State Page 2 the record being provided to Appellant was obtained from the trial court clerk and must be returned thereto, Appellant is ORDERED to not take the record apart or mark on or modify the record.

If the record must be returned to the trial court clerk, so that its return to the trial court clerk can be monitored and enforced, Appellant is ORDERED to send the record to this Court with Appellant’s response. If no response is filed, but nevertheless, the record must be returned to the trial court clerk, Appellant is ORDERED to send the record to this Court within 45 days of the date the attorney sends notice to the Court that the record was forwarded to the Appellant, unless the due date is extended by order of this Court upon proper and timely motion by Appellant.

Appellant’s failure to comply with this Order, including the failure to send the record to this Court within the time specified, if herein required, may result in the dismissal of the appeal under our inherent authority upon the presumption that the record was obtained under false pretense and with no intent to pursue the appeal but instead was obtained for the purposes of delay.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Order issued and filed January 24, 2018 Do not publish

Walsh v. State Page 3