Cameron Mitchell Moore v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00372-CR
Cameron Mitchell Moore, Appellant
v.
The State of Texas, Appellee
FROM THE 428TH DISTRICT COURT OF HAYS COUNTY
NO. CR-18-0166, THE HONORABLE WILLIAM R. HENRY, 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’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 certified 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.
Before appellant filed his motion, in which he also requested a 60-day extension
of time to file his brief, his appellate attorney informed this Court that appellant has been
declared incompetent to stand trial in another proceeding. Counsel suggested that this Court
abate the appeal in order to allow appellant the opportunity to exercise his rights under Anders
after his competency has been restored. The Court intends to abate the case for this reason and
will set a new briefing schedule for filing the pro se brief if and when the case is reinstated.
However, even though the case will be abated, the trial court nevertheless should now provide
appellant with a copy of the reporter’s record and clerk’s record.
Accordingly, appellant’s pro se motion is granted in part. 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 January 27, 2020. See id. at 321.
It is ordered on January 16, 2020.
Before Chief Justice Rose, Justices Baker and Triana
Do Not Publish
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