ISAAC ADAMS APPELLANT v. THE STATE OF TEXAS APPELLEE (2017)

ORDER DIRECTING COUNSEL TO PROVIDE APPELLATE RECORD IN ANDERS APPEAL

Appellant, Isaac J. Adams, was convicted of two counts of aggravated assault causing serious bodily injury with a deadly weapon, a motor vehicle,¹ and one count of manslaughter.² Punishment was assessed at four years imprisonment for each count of aggravated assault and nine years imprisonment for manslaughter. The sentences were ordered to run concurrently. Appellant appeals the judgments.

On January 18, 2017, Appellant's court-appointed counsel filed a motion to withdraw, supported by a brief filed in accordance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), wherein counsel represented that Appellant's appeal was frivolous. Counsel provided a copy of the motion to withdraw and Anders brief to Appellant and advised him of his right to file a pro se response. Counsel also advised Appellant of his right to personally review the appellate record in order to determine whether to file a response, and provided him a form motion for access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Appellant's pro se response to the Anders brief is due on February 21, 2017.

Now pending before this court is Appellant's Motion for Pro Se Access to the Appellate Record filed on January 27, 2017, requesting that this court provide Appellant a copy of the appellate record. We deny the motion. Instead, consistent with our previous orders, we order Appellant's counsel to prepare and deliver to Appellant, by whatever means available, a readily accessible copy of the appellate record on or before February 14, 2017. See Weatherly v. State, No. 07-16-00189-CR, 2016 Tex. App. LEXIS 13406, at *2-3 (Tex. App.—Amarillo Dec. 15, 2016, order) (not designated for publication) (reciting this court's prior orders doing same). Because Appellant is indigent, any cost associated with providing an accessible appellate record should be submitted to the trial court for payment. Counsel is further directed to certify to this court, in writing, on or before that date, that he has complied with this order.

Appellant has also requested additional time to file a pro se response. Accordingly, Appellant's pro se response, should he desire to file one, is due on or before April 17, 2017.

It is so ordered.

FOOTNOTES

1.   TEX. PENAL CODE ANN. § 22.02(a) (West 2011).

2.   TEX. PENAL CODE ANN. § 19.04 (West 2011).

Per Curiam