Kirt Allen Esthay v. State ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00313-CR
Kirt Allen Esthay, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF CONCHO COUNTY, 119TH JUDICIAL DISTRICT
NO. DAS-13-01849, THE HONORABLE GARLAND B. WOODWARD, JUDGE PRESIDING
ORDER FOR CLERK TO PROVIDE
A P P E L L A T E R E C O R D TO A P P E L L A N T
PER CURIAM
Appellant Kirt Allen Esthay appeals his conviction for aggravated assault. See Tex.
Penal Code § 22.02. Appellant’s court-appointed counsel has filed a motion to withdraw supported
by a brief concluding that the instant appeal is frivolous and without merit. See Anders v. California,
386 U.S. 738, 744 (1967). Appellant’s counsel has represented to the Court that he provided copies
of the motion and brief to appellant, advised appellant of his right to examine the appellate record
and file a pro se response, and supplied appellant with a form motion for pro se access to the
appellate record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014). Appellant
has timely filed the motion requesting access to the appellate record with this Court.
Appellant’s pro se motion is granted. We hereby direct the clerk of the trial court
to provide a copy of the reporter’s record and clerk’s record to appellant, and to provide written
verification to this Court of the date and manner in which the appellate record was provided, on or
before October 2, 2014. See Kelly, 436 S.W.3d at 321.
It is so ordered on September 22, 2014.
Before Chief Justice Jones, Justices Rose and Goodwin
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