Joe Gutierrez, Jr. v. State ( 2017 )

Fourth Court of Appeals
San Antonio, Texas
February 6, 2017
No. 04-16-00602-CR
Joe GUTIERREZ, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 14-11-201-CRA
Honorable Donna S. Rayes, Judge Presiding
ORDER
On January 25, 2017, Appellant’s court-appointed appellate counsel filed an Anders brief
and a motion to withdraw. See Anders v. California, 386 U.S. 738, 744 (1967); High v. State,
573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). In counsel’s certification to this
court, Appellant’s counsel explained that he took the following steps:
(1) notified Appellant that counsel filed an Anders brief and a motion to
withdraw, and provided Appellant with a copy of the documents;
(2) advised Appellant of his right to review the appellate record and file a pro
se brief; and
(3) provided Appellant with a pro se motion for access to the appellate record,
addressed to the Fourth Court of Appeals, that lacked only Appellant’s
dated signature.
See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014); Ex parte Owens,
206 S.W.3d 670, 674 n.28 (Tex. Crim. App. 2006); Meza v. State, 206 S.W.3d 684, 688–89
(Tex. Crim. App. 2006).
The State filed a letter conditionally waiving its right to file a brief.
If Appellant desires to file a pro se brief, we ORDER Appellant to do so within thirty
days of the date of this order. See TEX. R. APP. P. 38.6(a). If Appellant files a pro se brief, the
State may file a responsive brief not later than thirty days after the date Appellant’s pro se brief
is filed in this court. See id. R. 38.6(b).
If this court determines Appellant’s appeal is frivolous, Appellant may file a petition for
discretionary review with the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.4.
Appellant must file the petition with the Clerk of the Court of Criminal Appeals within thirty
days after this court issues its judgment. See TEX. R. APP. P. 68.2(a). The petition should be
addressed to Clerk of the Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711.
Counsel’s motion to withdraw is held in abeyance pending further order of this court.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 6th day of February, 2017.
___________________________________
Keith E. Hottle
Clerk of Court