Nakia Lashuan Franklin v. State

Opinion

Order entered July 5, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01430-CR

No. 05-12-01603-CR

NAKIA LASHUAN FRANKLIN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas

Trial Court Cause No. 416-81048-2008, 416-81072-2012

ORDER

Appellant’s counsel filed a single brief for both of these appeals. In the prayer for relief

as to cause no. 05-12-01603-CR, appellant sought additional back time credit. As to cause no. 05-12-01430-CR, counsel purported to file an Anders brief. However, all of the Anders analysis was related to trial court no. 416-81072-2012, which is the appeal docketed as cause no. 05-12- 01603-CR. Moreover, the record for cause no. 05-12-01430-CR reflects that appellant originally pleaded guilty and received community supervision in 2008 and that the conditions of appellant’s community supervision were amended on at least two occasions in 2009. The Court has not received the reporter’s record from the original plea hearing or any modification hearings. Thus, we conclude appellant’s brief does not comply with the requirements of Anders v. California or Texas Rule of Appellate Procedure 38.1. Accordingly, we STRIKE the appellant’s brief filed on July 2, 2013.

We ORDER Susan Maienschein, as official court reporter of the 416th Judicial District Court, within THIRTY DAYS of the date of this order, to file or coordinate the filing of, either: the reporter’s record of the June 19, 2008 guilty plea hearing and any hearings on the modifications of appellant’s community supervision; or (2) written verification that the June 19, 2008 hearing and/or any modification hearings were not recorded.

We ORDER appellant to file, within SIXTY DAYS of this order, new briefs that either raise issues on the merits or comply with the requirements of Anders v. California. Moreover, if counsel intends to file an Anders brief for one case and a brief on the merits for the other case, then counsel shall file separate briefs for the cases.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Susan Maienschein, official court reporter, 416th Judicial District Court, and to counsel for all parties.

/s/ LANA MYERS

JUSTICE