Wilsonv.State

Fourth Court of Appeals San Antonio, TexasMar 31, 2017
No. 04-16-00363-CR (Tex. App. Mar. 31, 2017)

No. 04-16-00363-CR

03-31-2017

Elincharles WILSON, Appellant v. The STATE of Texas, Appellee


From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR7155C
Honorable Mary D. Roman, Judge Presiding

ORDER

On October 10, 2016, appellant's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel provided appellant with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).

On October 20, 2016, appellant filed a pro se motion for access to the appellate record. By order dated October 31, 2016, appellant's motion was granted, and a copy of the appellate record was provided to appellant. Appellant was ordered to file his pro se brief by November 30, 2016. Appellant did not file a pro se brief by the deadline; therefore, the appeal was submitted to the court on March 8, 2017. An opinion and judgment were issued affirming the trial court's judgment on March 8, 2017. On March 14, 2017, appellant's court-appointed attorney filed a certification in compliance with TEX. R. APP. P. 48.4, stating a copy of the opinion and judgment were provided to appellant, and appellant was notified of his right to file a pro se petition for discretionary review.

On March 29, 2017, appellant filed a letter in this court expressing his desire to file a pro se brief and requesting a copy of the appellate record. We construe the letter as a motion for rehearing. The motion for rehearing is DENIED. Appellant was previously provided a copy of the appellate record and failed to file a pro se brief by the stated deadline. This order does not affect appellant's right to file a pro se petition for discretionary review in accordance with the instructions provided to appellant by his attorney and as noted in this court's prior opinion.

/s/_________


Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of March, 2017.

/s/_________


Keith E. Hottle


Clerk of Court