Oscar G. Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: April 21, 2021
• Docket: 13-20-00197-CR
• Status: Published

Opinion

NUMBER 13-20-00197-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

OSCAR G. HERNANDEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 226th District Court of Bexar County, Texas.

ORDER Before Justices Benavides, Hinojosa, and Silva Order Per Curiam

On March 3, 2021, counsel for appellant filed an Anders brief and a motion to

withdraw in this cause. See Anders v. California, 386 U.S. 738,744 (1967). On March

9, 2021 and March 29, 2021, the Clerk of this Court issued notices to appellant’s

counsel, the Honorable Patrick Montgomery, that the brief filed was not in compliance

with Kelly v State, 436 S.W.3d 313 (Tex. Crim. App. 2014). Specifically, we noted that Mr. Montgomery provided appellant with the mailing address for this Court in order to

return the form motion for pro se access to the appellate record. See Anders v.

California, 386 U.S. 738 (1967) and Kelly, 436 S.W.3d 313. To date, Mr. Montgomery

has failed to comply with this Court’s instructions.

IT IS THEREFORE ORDERED that the Honorable Patrick Montgomery,

counselor for appellant, file documentary evidence in compliance with the above-

referenced requirements with this Court on or before ten (10) days after the date of this

order.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 21st day April, 2021.