Calvin Pierre Hopkins v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
February 13, 2023
No. 04-22-00689-CR
Calvin Pierre HOPKINS,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR10972
Honorable Ron Rangel, Judge Presiding
ORDER
Attorney Patrick B. Montgomery is the court-appointed appellate counsel for Appellant
Calvin Pierre Hopkins. On February 7, 2023, counsel filed an Anders brief. See Anders v.
California, 386 U.S. 738, 744 (1967); see also Kelly v. State, 436 S.W.3d 313, 319–20 (Tex.
Crim. App. 2014). Included in the brief was counsel’s motion to withdraw.
The Anders brief has been accepted, but the motion to withdraw does not comply with the
requisite procedures. See Kelly, 436 S.W.3d at 319–20.
Counsel’s motion to withdraw does not do the following:
• inform Appellant of his right to file a pro se response,
• inform Appellant of his right to review the record before filing that response,
• provide Appellant with a form motion to request a copy of the appellate
record which lacks only Appellant’s signature and date,
• inform Appellant that he must file a request for the appellate record within ten
days of the date of counsel’s motion to withdraw, or
• inform Appellant of his pro se right to seek discretionary review should the
court of appeals declare his appeal frivolous.
Contra id.We STRIKE Appellant’s motion to withdraw. We ORDER Patrick B. Montgomery to
file an amended motion to withdraw that fully satisfies the Anders and Kelly requirements within
TEN DAYS of the date of this order. See Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 319–20;
see also TEX. R. APP. P. 6.5.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 13th day of February, 2023.
___________________________________
MICHAEL A. CRUZ, Clerk of Court