Scott Richard Pendergraft v. State ( 2018 )


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  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:         Scott Richard Pendergraft v. The State of Texas
    Appellate case numbers:      01-18-00033-CR & 01-18-00034-CR
    Trial court case numbers: 1512987 & 1512988
    Trial court:                 262nd District Court of Harris County
    Appellant’s court-appointed counsel, Terrence Gaiser, filed a brief on July 19, 2018,
    concluding that the above-referenced appeal is frivolous. See Anders v. California, 
    386 U.S. 738
    , 744, 
    87 S. Ct. 1396
    , 1400 (1967). On July 23, 2018, appellant, acting pro se,
    filed a motion for pro se access to a copy of the record to prepare a response and a motion
    requesting a 30-day extension of time to file his pro se Anders brief response. See Kelly v.
    State, 
    436 S.W.3d 313
    , 315, 318–20 (Tex. Crim. App. 2014). This Court’s July 26, 2018
    Order directed counsel to file a motion to withdraw and Kelly notice.
    Accordingly, the Court grants appellant’s pro se motion requesting the record and
    orders the district clerk, no later than 10 days from the date of this order, to provide a copy
    of the clerk’s and reporter’s records to the pro se appellant. The trial court clerk shall
    further certify to this Court, within 15 days of the date of this order, the date upon which
    delivery of the records to the appellant is made.
    Finally, the Court grants appellant’s motion for an extension of time to file a pro se
    Anders response. Appellant’s pro se response to his counsel’s Anders brief shall be filed
    within 45 days of the date of this order.
    It is so ORDERED.
    Judge’s signature: /s/ Evelyn V. Keyes
     Acting individually       Acting for the Court
    Date: July 31, 2018
    

Document Info

Docket Number: 01-18-00033-CR

Filed Date: 7/31/2018

Precedential Status: Precedential

Modified Date: 8/1/2018