Stacey James Spencer v. State

• Court: Court of Appeals of Texas
• Decided: July 11, 2019
• Docket: 04-19-00268-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas July 11, 2019

No. 04-19-00268-CR

Stacey James SPENCER, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR2340 Honorable Ron Rangel, Judge Presiding

ORDER On June 26, 2019, Appellant’s court-appointed appellate counsel filed an Anders brief and a motion to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). In a certificate of counsel, appellate counsel certifies that she took the following steps: (1) notified Appellant that counsel filed an Anders brief and a motion to withdraw, and provided Appellant with a copy of the documents; (2) advised Appellant of his right to review the appellate record and to file a pro se brief; and (3) provided Appellant with a copy of the clerk’s and reporter’s records.

See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014); Ex parte Owens, 206 S.W.3d 670, 674 n.28 (Tex. Crim. App. 2006); Meza v. State, 206 S.W.3d 684, 688–89 (Tex. Crim. App. 2006). The State filed a letter conditionally waiving its right to file a brief. Appellant’s pro se brief is due THIRTY DAYS from the date of this order. See TEX. R. APP. P. 38.6(a). If Appellant files a pro se brief, the State may file a responsive brief within THIRTY DAYS after Appellant’s pro se brief is filed in this court. See id. R. 38.6(b). If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4. Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. Counsel’s motion to withdraw is held in abeyance pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of July, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court