Darnell Rogers v. State

Fourth Court of Appeals San Antonio, Texas October 26, 2017 No. 04-17-00182-CR Darnell ROGERS, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR12728 Honorable Kevin M. O'Connell, Judge Presiding ORDER In this appeal, Appellant’s court-appointed counsel filed an Anders brief and notified Appellant of his right to file a pro se brief. Thereafter, the State waived its right to file a response to the Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967). On October 23, 2017, appellant Darnell Rogers, who is indigent, moved this court for a free copy of the appellate record. See TEX. R. APP. P. 20.2. Appellant’s motion for a free copy of the appellate record is GRANTED. We direct the clerk of this court to (1) provide Appellant with a printed copy of the appellate record—the clerk’s and reporter’s records—at no cost to Appellant, (2) record in this court’s records the date the appellate record was mailed to Appellant, and (3) do both these tasks within FIVE DAYS of the date of this order. See id.; Newman v. State, 937 S.W.2d 1, 3 (Tex. Crim. App. 1996) (“[T]he trial court has a duty to provide an indigent defendant with an adequate record on appeal.”). The appellate record should be mailed to Appellant at the following address: Darnell Rogers, 8460371 TDCJ Number 2127827 Stiles Unit 3060 FM 3514 Beaumont, TX 77705-7635 Appellant’s pro se brief will be due THIRTY-FIVE DAYS after this court mails Appellant a printed copy of the appellate record. See TEX. R. APP. P. 38.6(a). _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of October, 2017. ___________________________________ Keith E. Hottle Clerk of Court