John Fitzgerald Davis v. State ( 2019 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00081-CR
JOHN FITZGERALD DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 188th District Court
Gregg County, Texas
Trial Court No. 48028-A
Before Morriss, C.J., Burgess and Stevens, JJ.
ORDER
Appellant John Fitzgerald Davis was convicted of unlawfully possessing a firearm and was
sentenced to six years’ imprisonment. Davis has appealed from that conviction and the resulting
sentence. On August 7, 2019, Davis’s court-appointed appellate counsel, Jason D. Cassel, filed
an Anders 1 brief, and on September 9, 2019, Davis filed a pro se motion for access to the appellate
record for purposes of preparing a response to his counsel’s Anders brief. Under Kelly v. State, 2
we are required to enter an order specifying the procedure to be followed to ensure Davis’s access
to the record.
Cassel advised this Court on September 16, 2019, that he would mail a complete paper
copy of the appellate record to Davis. The record contains no digitally recorded exhibits. Allowing
fifteen days for the record to be delivered to Davis and giving Davis thirty days to prepare his pro
se response, we hereby set October 31, 2019, as the deadline for Davis to file his pro se response
to his counsel’s Anders brief.
IT IS SO ORDERED.
BY THE COURT
DATE: September 17, 2019
1
See Anders v. California, 386 U.S. 738 (1967).
2
Kelly v. State, 436 S.W.3d 313, 321–22 (Tex. Crim. App. 2014).
2