IN THE

TENTH COURT OF APPEALS

No. 10-17-00112-CR

MARK ALLEN COKER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 1

McLennan County, Texas

Trial Court No. 20153537CR1

ORDER

Counsel for appellant filed an Anders1 brief. In accordance with the Court of 

Criminal Appeals’ opinion in Kelly v. State, counsel indicated to this Court that he sent a 

copy of the record to Appellant. See Kelly v. State, 436 S.W.3d 313, 320 (Tex. Crim. App. 

2014). Appellant, Mark Allen Coker, filed a brief in this Court indicating that he does not 

have a hard copy of the record to properly prepare his response.

 

1 Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). 
Coker v. State Page 2

 In accordance with Stanley v. State, No. 10-14-00320-CR, 2015 Lexis 4719 (Tex. 

App.—Waco May 7, 2015, order) (per curiam), counsel is ORDERED to obtain and send 

Appellant, within 14 days from the date of this order, copies of the clerk’s and reporter’s 

records and to simultaneously notify this Court, the State, the trial court, and the trial 

court clerk when counsel has completed this task. In the event that the record made 

available to Appellant must be returned to the trial court clerk, counsel must notify 

Appellant and this Court of that fact.

Counsel is reminded that there are certain rules and statutes that prohibit certain 

sensitive or illegal information from being included in a public record. See TEX. R. APP.

P. 9.10. If counsel has identified any such information while conducting the review of the 

record as necessary to prepare the Anders brief in support of counsel’s motion to 

withdraw, counsel should take appropriate steps to redact or in some manner remove 

that information from the copy of the record that is being provided to Appellant.

Appellant is ORDERED to file his pro se response to counsel’s Anders brief within 

30 days from the date counsel sends notice to the Court that the record has been 

forwarded to Appellant, unless the due date is extended by order of this Court upon 

proper and timely motion by Appellant. If counsel notified Appellant and this Court that 

the record being provided to Appellant was obtained from the trial court clerk and must 

be returned thereto, Appellant is ORDERED to not take the record apart or mark on or 

modify the record.
Coker v. State Page 3

If the record must be returned to the trial court clerk, so that its return to the trial 

court clerk can be monitored and enforced, Appellant is ORDERED to send the record to 

this Court with Appellant’s response. If no response is filed, but nevertheless, the record 

must be returned to the trial court clerk, Appellant is ORDERED to send the record to 

this Court within 45 days of the date the attorney sends notice to the Court that the record 

was forwarded to the Appellant, unless the due date is extended by order of this Court 

upon proper and timely motion by Appellant.

Appellant’s failure to comply with this Order, including the failure to send the 

record to this Court within the time specified, if herein required, may result in the 

dismissal of the appeal under our inherent authority upon the presumption that the 

record was obtained under false pretense and with no intent to pursue the appeal but 

instead was obtained for the purposes of delay.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed December 20, 2017

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