Johnny Wayne Sheffield Jr. v. State ( 2014 )

NUMBER 13-13-00710-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOHNNY WAYNE SHEFFIELD JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 36th District Court
of Aransas County, Texas.
ORDER
Before Chief Justice Valdez and Justices Perkes and Longoria
Order Per Curiam
Appellant’s court-appointed counsel has filed an Anders brief and a motion to
withdraw in this cause. See Anders v. California, 386 U.S. 738, 744 (1967). On June
25, 2014, the Texas Court of Criminal Appeals issued an opinion clarifying the
responsibilities owed by appellant’s counsel and the appellate court in Anders cases.
See Kelly v. State, PD-0702-13, 2014 WL 2865901, at **1–4 (Tex. Crim. App. June 25,
2014). In accordance with this opinion, appellant’s counsel must: (1) notify the
appellant that counsel has filed an Anders brief and a motion to withdraw; (2) provide the
appellant with copies of both pleadings; (3) inform the appellant of appellant’s rights to
file a pro se response, review the record preparatory to filing that response, and seek
discretionary review if this Court concludes that the appeal is frivolous; and (4) provide
appellant with a form motion for pro se access to the appellate record, lacking only the
appellant’s signature and the date, and including the mailing address for the court of
appeals, with instructions to file the motion within ten days. See Anders, 386 U.S. at
744; Kelly, 2014 WL 2865901, at **3–4. Further, counsel must inform this Court, in
writing, that counsel has met the foregoing requirements. Kelly, 2014 WL 2865901, at
**3–4.
Accordingly, we ORDER appellant’s court-appointed appellate counsel to comply
with the foregoing procedures and file, within ten days of the date of this order, a letter
certifying that appellant’s counsel has met the foregoing requirements in this case.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
7th day of August, 2014.
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