Richard Anthony Stewart v. State

Opinion

Fourth Court of Appeals San Antonio, Texas March 15, 2019

No. 04-18-00811-CR

Richard Anthony STEWART, Appellant

v.

The STATE of Texas, Appellee

From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B17-802 Honorable Rex Emerson, Judge Presiding

ORDER Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel has informed the appellant of his right to access the appellate record and to file his own brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); see also Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee’s brief unless appellant files a pro se brief.

If the appellant desires to file a pro se brief, he must do so within thirty (30) days from the date of this order. If the appellant files a pro se brief, the State may file a responsive brief no later than thirty days after the date the appellant’s pro se brief is filed in this court. It is further ORDERED that the motion to withdraw filed by appellant’s counsel is HELD IN ABEYANCE pending further order of the court.

_________________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of March, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court