Jose Valentine Facio v. State ( 2018 )

Fourth Court of Appeals San Antonio, Texas December 19, 2018 No. 04-18-00009-CR Jose Valentine FACIO, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR1159 Honorable Joey Contreras, Judge Presiding ORDER Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice Appellant’s appointed counsel filed an Anders brief, a motion to withdraw, and provided appellant with a form motion for obtaining access to the appellate record. On June 22, 2018, this court rendered an order advising appellant that if he desired a copy of the record, he had to file a motion requesting the record within ten days of the date of the order – as noted, a form motion had been provided to appellant by his appointed counsel, appellant had only to sign it and send it to this court within the timeframe set out in our order. The same order advised appellant that any pro se brief he might wish to file was due in this court within thirty days of the date of the order. Appellant filed neither a motion requesting a copy of the record nor a brief within the deadlines set out in our June 22, 2018 order. When no pro se brief was filed, this matter was set at issue and submitted to the court for a decision. On December 5, 2018, we rendered an opinion and judgment affirming appellant’s conviction. On December 14, 2018, after our opinion and judgment was rendered, appellant filed his pro se motion for access to the appellate record. After reviewing the motion and considering the foregoing, we DENY AS MOOT appellant’s pro se motion for access to the appellate record. We order the clerk of this court to serve a copy of this order on appellant and all counsel. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of December, 2018. ___________________________________ KEITH E. HOTTLE, Clerk of Court