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Khamsiry v. State

Court of Appeals of Texas, Fourth District, San Antonio

January 22, 2014

Sakhorn KHAMSIRY, Appellant
v.
The STATE of Texas, Appellee

From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A08-393 Honorable N. Keith Williams, Judge Presiding

ORDER

KAREN ANGELINI, JUSTICE

Appellant's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel indicates he has served copies of the brief and motion on appellant, and has informed appellant of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85 (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.).[1]

If appellant desires to file a pro se brief in this appeal, he must do so within forty-five days from the date of this order. See Bruns, 924 S.W.2d at 177 n.1.

If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court. Alternatively, if appellant does not file a timely pro se brief, the State may file a brief in response to counsel's brief no later than sixty days from the date of this order.

We further ORDER the motion to withdraw filed by appellant's counsel to be HELD IN ABEYANCE pending further order of the court. See Penson v. Ohio, 488 U.S. 75, 80-82 (1988); Schulman v. State, 252 S.W.3d 403, 410-11 (Tex. Crim. App. 2008).

Appellant may obtain a copy of the appellate record by filing a written request, not later than February 7, 2014, with the clerk of the trial court, Robbin Burlew, Clerk of the District Courts of Kerr County, 700 Main Street, Kerrville, Texas, 78028. If appellant files a written request for the record with the trial court clerk, Robbin Burlew is ORDERED to immediately send a copy of the record to appellant.

We further ORDER the Clerk of this Court to serve a copy of this order on appellant, his counsel, the attorney for the ...


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