Darryl Kent Authorlee v. State ( 2015 )


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  • Order filed May 28, 2015
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-14-00936-CR
    ____________
    DARRYL KENT AUTHORLEE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 185th District Court
    Harris County, Texas
    Trial Court Cause No. 240766
    ORDER
    Appellant’s appointed counsel, Kelly Ann Smith, filed a brief in which she
    concludes the appeal is frivolous. See Anders v. California, 
    386 U.S. 738
    , 
    87 S. Ct. 1396
    (1967). On March 31, 2015, we informed counsel that in order to comply
    with Anders, the Court of Criminal Appeals now requires counsel notify appellant
    of his right to access the appellate record and provide him with a form motion for
    pro se access to the appellate record. See Kelly v. State, 
    436 S.W.3d 313
    (Tex.
    Crim. App. 2014). Counsel was requested to provide the court with an amended
    transmittal letter notifying appellant of his right to access the appellate record and
    to provide a form motion for pro se access to the appellate record. An example of
    a form motion was attached. The court requested counsel to file the amended
    transmittal letter within 10 days.
    As of this date, no response has been filed. Accordingly, we order counsel
    to provide the court with an amended transmittal letter notifying appellant of his
    right to access the appellate record and to provide a form motion for pro se access
    to the appellate record within 10 days of the date of this order. If counsel fails to
    comply with Kelly, her brief may be stricken and the appeal abated for
    appointment of new counsel.
    PER CURIAM
    

Document Info

Docket Number: 14-14-00936-CR

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 9/22/2015