IN THE
TENTH COURT OF APPEALS
No. 10-15-00322-CR
No. 10-16-00161-CR
JOSHUA DOMINGO LOREDO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-2310-C2
ORDER
In Trial Court Case No. 2014-2310-C2, appellant Joshua Domingo Loredo pled not
guilty to two counts of aggravated sexual assault (Count I and Count II) and guilty to
assault family violence by occlusion (Count III). A jury found Loredo guilty of all counts
and then assessed Loredo’s punishment at 45, 45, and 10 years in prison, respectively, to
be served concurrently. Three judgments were signed, one for each count.
Loredo filed one notice of appeal, showing his desire to appeal from “the
Judgment and Sentence” rendered against him in Trial Court Case No. 2014-2310-C2. The
appeal therefore bears one case number, Court of Appeals No. 10-15-00322-CR.
Loredo’s appointed appellate counsel initially filed a brief challenging only the
judgment and sentence for Count I. We ordered counsel to file either a brief bringing any
alleged error or an Anders-type motion to withdraw and a supporting brief as to Counts
II and III. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967). We
suggested that if counsel filed a motion to withdraw, counsel should also file a motion to
sever as to each of those counts. See Kirven v. State, No. 10-14-00122-CR (Tex. App.—
Waco, Oct. 22, 2015, order).
Counsel has filed a motion to withdraw and a supporting Anders brief as to Counts
II and III and has also filed a motion to sever those counts from Count I. Counsel’s motion
to sever is granted. The appeal of the judgment entered as to Count I will remain
docketed as Court of Appeals No. 10-15-00322-CR. The appeal of the judgments entered
as to Count II and III will be docketed as Court of Appeals No. 10-16-00161-CR. Counsel’s
motion to withdraw and brief in support of the motion to withdraw will be docketed in
this new appellate case number.
Counsel has indicated that a copy of the clerk’s and reporter’s record has been sent
to appellant. Accordingly, appellant has 30 days from the date of this order to file a
Loredo v. State Page 2
response to counsel’s brief in support of counsel’s motion to withdraw as to Counts II
and III. Appellant’s response is due, therefore, on June 27, 2016.
The proceeding as to appellate case number 10-15-00322-CR is ready to be decided.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed May 26, 2016
Loredo v. State Page 3