Brian Wright McGuffey v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00384-CR
BRIAN WRIGHT MCGUFFEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2014-1612-C1
ORDER
Counsel for appellant filed an Anders1 brief. In accordance with the Court of
Criminal Appeals’ opinion in Kelly v. State, counsel prepared and sent to appellant a
Motion for Pro Se Access to the Appellate Record. See Kelly v. State, 436 S.W.3d 313, 320
(Tex. Crim. App. 2014). Appellant, Brian Wright McGuffey, has signed the motion for
access and sent it to this Court. It was filed on August 26, 2016. Appellant’s Motion for
1
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
Pro Se Access to the Appellate Record is granted and will be implemented as provided
for herein.
Pursuant to Kelly, we now specify the procedure to be followed to provide
appellant with access to the appellate record. Id. at 321-22.
Counsel is ORDERED to forward, by certified mail, return receipt requested, the
copy of the appellate record counsel used to conduct the review for the Anders brief to
appellant within 14 days from the date of this Order and simultaneously notify this Court
and the District Clerk when counsel has completed this task. If counsel no longer
possesses a copy of the record, counsel must notify this Court within 7 days from the date
of this Order; in which event further orders addressing appellant’s access to the record
will be made.
When Appellant receives the copy of the appellate record, Appellant must not take
the record apart or mark on the record. Appellant’s response to counsel’s Anders brief is
due 45 days from the date counsel sends notice to the Court that the record has been
forwarded, unless the due date is extended by order of this Court upon proper and timely
motion by appellant.
Appellant is ORDERED to send the record to this Court with Appellant’s response.
If no response is filed, appellant is ORDERED to send the record to this Court within 60
days of the date the attorney sends notice to the Court that the record was forwarded to
McGuffey v. State Page 2
the appellant, unless the due date is extended by order of this Court upon proper and
timely motion by Appellant.
Appellant’s failure to comply with this Order, including the failure to send the
record to this Court within the time specified, will result in the dismissal of the appeal
under our inherent authority upon the presumption that the record was obtained under
false pretense and with no intent to pursue the appeal but instead was obtained for the
purposes of delay. See e.g. Ealy v. State, 222 S.W.3d 744, 745 (Tex. App.—Waco 2007, no
pet.).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted
Order issued and filed September 7, 2016
Do not publish
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