Marco Tulio v. State ( 2019 )

Fourth Court of Appeals San Antonio, Texas January 17, 2019 No. 04-17-00778-CR Marco TULIO, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR10853 Honorable Lorina I. Rummel, Judge Presiding ORDER On July 9, 2018, appellant’s appointed counsel filed a brief on behalf of appellant in which he challenged the sufficiency of the evidence to support appellant’s conviction for aggravated assault of a child and indecency with a child by contact. This court ultimately rendered an opinion and judgment on December 5, 2018, in which we overruled appellant’s complaint and affirmed the trial court’s judgment of conviction. No motion for rehearing was filed. On January 2, 2019, appellant filed a pro se motion in this district court, which was forwarded to and filed in this court, asking for an extension of time to file a pro se brief in response to counsel’s Anders brief. However, as noted above, counsel did not file an Anders brief; but filed a substantive brief raising a point of error challenging the sufficiency of the evidence to support the conviction. Accordingly, appellant was not entitled to file a pro se brief. We therefore DENY AS MOOT appellant’s motion for extension of time to file a pro se brief. We order the clerk of this court to serve a copy of this order on appellant and all counsel. _________________________________ Beth Watkins, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of January, 2019. ___________________________________ KEITH E. HOTTLE, Clerk of Court