Sean Jeffrey Foster v. State ( 2017 )

IN THE
TENTH COURT OF APPEALS
No. 10-16-00164-CR
SEAN JEFFREY FOSTER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2015-102-C2
ORDER
In Trial Court Case No. 2015-102-C2, appellant Sean Foster pled not guilty to one
count of Burglary of a Habitation (Count I), three counts of Indecency with a Child by
Contact (Counts II, III, and IV), and one count of Indecency with a Child by Exposure
(Count V). A jury found Foster guilty of all counts and assessed Foster’s punishment at
30 years in prison in Count I, 15 years in prison in each of Counts II-IV, and 10 years in
prison in Count V. Five judgments were signed, one for each count.
Foster 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. 2015-102-C2.
The appeal therefore bears one case number, Court of Appeals No. 10-16-00164-CR.
Foster’s appointed appellate counsel filed a brief challenging only the judgments
and sentences for Counts II through V. A brief bringing any alleged error or an Anders-
type motion to withdraw and a supporting brief as to Count I 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) (not designated for publication). See also Loredo
v. State, No. 10-15-00322-CR (Tex. App—Waco Apr. 21, 2016, order) (not designated for
publication); Keene v. State, No. 10-15-00389-CR (Tex. App.—Waco Feb. 15, 2017, order)
(not designated for publication).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed April 26, 2017
Foster v. State Page 2