April Orosco v. State

Fourth Court of Appeals San Antonio, Texas November 18, 2019 No. 04-19-00366-CR April OROSCO, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR5505 Honorable Catherine Torres-Stahl, Judge Presiding ORDER On October 18, 2019, appellant’s appointed counsel filed a motion to withdraw as counsel and an amended brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. After reviewing counsel’s motion to withdraw and brief, we conclude counsel has not fully complied with Kelly v. State because there is no indication counsel has informed his client of her pro se right to seek discretionary review should this court declare appellant’s appeal frivolous. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). It is therefore ORDERED that appellant’s counsel file a response indicating he has complied with the above Kelly requirements by December 2, 2019. _________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of November, 2019. ___________________________________ MICHAEL A. CRUZ, Clerk of Court