### IN THE TENTH COURT OF APPEALS No. 10
- 18
- 00266
- CR ALEC NAVA , Appellant v. THE STATE OF TEXAS , Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2017
- 2080
- C2

ORDER
Counsel for appellant filed an Anders 1 brief. In accordance with the Court of Criminal Appeals’ opinion in Kelly v. State , counsel prepared and sent to appellant a Motion for Pro Se Access to the Appellate Record. See Kelly v. State , 436 S.W.3d 313, 320 (Tex. Crim. App. 2014). A ppellant, Alec Nava , has signed the motion for access and sent

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

it to this Court. It w as filed on January 25, 2019

. Appellant’s Motion for Pro Se Access to the Appellate Record is granted and will be impl emented as provided for herein.
In accordance with Stanley v. State , No. 10

- 14

- 00320

- CR, 2015 Lexis 4719 (Tex. App.

— Waco May 7, 2015, order) (per curiam), c ounsel is ORDERED to obtain and send
A ppellant, 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 comple ted 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 cert ain sensitive or illegal information from being included in a public record. See T EX
. R. A PP
. 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 re cord that is being provided to A ppellant. 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 A ppellant, unless the due date is extended by order of this Court upon proper and timely motion by A ppellant. If counsel notified A ppellant and this Cour t that the record being provided to A ppellant was obtained from the trial court clerk and mustN ava v. State Page 3

be returned thereto, A ppellant is ORDERED to not take the record apart or mark on or modify the record. 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 A ppellant’s response. If no response is filed, but nevertheless, the record must be returned to the trial court clerk, A p pellant is ORDERED to send th e record to
this Court within 45 days of the date the attorney sends notice to the Court that the record
was forwarded to the A ppellant, unless the due date is extended by order of this Court upon proper and timely motion by A p pellant. 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 t he record was obtained under false pretense and with no intent to pursue the appeal but
instead was obta ined for the purposes of delay.

PER CURIAMN ava v. State Page 4

Before Chief Justice Gray, Justice Davis , and Judge Neill 2 Order issued and filed February 13, 2019 Do n ot p ublish

2 The Honorable Judge John E. Neill, Judge of the 18 th District Court, sitting by assignment of the Chief Justice of the Texas Supreme Court. See T EX
. G OV ’ T C ODE A NN
. § 74.003(a) (West 2013 ).