Narrative Opinion Summary
Joseph Lee Escobar was convicted of possession of a controlled substance and received a four-year community supervision sentence. He appealed the conviction and sentence. On August 29, 2018, his court-appointed appellate counsel, Dean Watts, submitted an Anders brief, indicating that he found no reversible error in the trial proceedings. Subsequently, on September 17, 2018, Escobar filed a pro se motion requesting access to the appellate record to prepare a response to the Anders brief. The court, referencing Kelly v. State, mandated that Escobar be granted access to the complete appellate record. The court's order directed the clerk's office to ensure Escobar receives the record within ten days and established a deadline of October 29, 2018, for him to file his pro se response. The order was issued on September 18, 2018.
Legal Issues Addressed
Procedure Following Anders Brief Submissionsubscribe to see similar legal issues
Application: After the submission of an Anders brief by appellate counsel, the court ensured procedural fairness by allowing the appellant time to prepare a response.
Reasoning: The court's order directed the clerk's office to ensure Escobar receives the record within ten days and established a deadline of October 29, 2018, for him to file his pro se response.
Right to Access Appellate Recordsubscribe to see similar legal issues
Application: The court recognized the appellant's right to access the appellate record in order to prepare a pro se response to an Anders brief.
Reasoning: The court, referencing Kelly v. State, mandated that Escobar be granted access to the complete appellate record.