Veronica Calahan v. State ( 2016 )


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  •                                  Fourth Court of Appeals
    San Antonio, Texas
    October 26, 2016
    No. 04-16-00353-CR
    Veronica CALAHAN,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 187th Judicial District Court, Bexar County, Texas
    Trial Court No. 2006CR8509
    Honorable Steve Hilbig, Judge Presiding
    ORDER
    Appellant’s court-appointed attorney has filed a brief and motion to withdraw pursuant to
    Anders v. California, 
    386 U.S. 738
    (1967), in which he asserts there are no meritorious issues to
    raise on appeal. Counsel certifies he has served copies of the brief and motion on appellant, and
    has informed appellant of her right to review the record and file her own brief. See 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.).1
    If appellant desires to file a pro se brief, she must do so within forty-five days from the
    date of this order. See 
    Bruns, 924 S.W.2d at 177
    n.1.
    If appellant files a timely pro se brief, the State may file a responsive brief no later than
    thirty days after appellant’s pro se brief is filed in this court. Alternatively, if appellant does not
    file a timely pro se brief, the State may file a brief in response to counsel’s brief no later than
    thirty days after the pro se brief is due.
    We further ORDER the motion to withdraw filed by appellant’s counsel to be HELD IN
    ABEYANCE pending further order of the court. See Penson v. Ohio, 
    488 U.S. 75
    , 80-82 (1988);
    Schulman v. State, 
    252 S.W.3d 403
    , 410-11 (Tex. Crim. App. 2008).
    1Counsel is reminded that he should explain to appellant the procedure for obtaining the record. See 
    Bruns, 924 S.W.2d at 177
    n.1.
    Appellant may obtain a copy of the appellate record by filing a written request, not later
    than November 9, 2016, with the clerk of the trial court, Donna Kay McKinney, 101 W. Nueva
    Suite 216, San Antonio, Texas 78205. If appellant files a written request for the record with the
    trial court clerk, Donna Kay McKinney is ORDERED to immediately send a copy of the record
    to appellant.
    We further ORDER the Clerk of this Court to serve a copy of this order on appellant, his
    counsel, the attorney for the State, and the clerk of the trial court.
    _________________________________
    Karen Angelini, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 26th day of October, 2016.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-16-00353-CR

Filed Date: 10/26/2016

Precedential Status: Precedential

Modified Date: 10/31/2016