Bobby Lynn Keene v. State ( 2017 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00389-CR
BOBBY LYNN KEENE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-1063-C2
ORDER
In Trial Court Case No. 2014-1063-C2, appellant Bobby Lynn Keene pled not guilty
to one count of aggravated assault of a public servant (enhanced) (Count I) and not guilty
to evading arrest or detention with a vehicle (enhanced) (Count II). A jury found Keene
guilty of both counts and then assessed Keene’s punishment at 40 years and 20 years in
prison, respectively, to be served concurrently. Two judgments were signed, one for each
count.
Keene filed one notice of appeal, showing his desire to appeal from “the judgment
of conviction and sentence” rendered against him in Trial Court Case No. 2014-1063-C2.
The appeal therefore bears one case number, Court of Appeals No. 10-15-00389-CR.
Keene’s appointed appellate counsel filed a brief challenging only the judgment
and sentence for Count I.1 A brief bringing any alleged error or an Anders-type motion
to withdraw and a supporting brief as to Count II must be filed in this proceeding within
30 days from the date of this order. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18
L. Ed. 2d 493 (1967). If counsel files a motion to withdraw, counsel should also file a
motion to sever as to that count. See Kirven v. State, No. 10-14-00122-CR (Tex. App.—
Waco Oct. 22, 2015, order); see also Loredo v. State, No. 10-15-00322-CR (Tex. App—Waco
Apr. 21, 2016, order).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed February 15, 2017
1
Counsel raised a second issue that challenged the jury charge as to both counts. However, in his reply to
the State’s brief, counsel realized the facts did not support the challenge and waived the issue.
Keene v. State Page 2