Jason Michael Badyrka v. the State of Texas

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER Appellate case name: Jason Michael Badyrka v. The State of Texas Appellate case number: 01-21-00339-CR Trial court case number: 1129647 Trial court: 182nd District Court of Harris County

Court-appointed counsel for appellant Jason Michael Badyrka has filed a brief concluding that this appeal is frivolous. See Anders v. California, 386 U.S. 738, 744 (1967). Appellant, acting pro se, filed a motion requesting access to a copy of the appellate record for use in preparing a response to appointed counsel’s brief. See Kelly v. State, 436 S.W.3d 313, 315, 318–20 (Tex. Crim. App. 2014). Appellant also has requested an extension of time to file his pro se response to counsel’s Anders brief.

However, on September 13, 2021, appellant filed his pro se brief in response to counsel’s Anders brief. The brief contains references to the clerk’s record. And the court reporter has notified the Court that no reporter’s record was taken.

Accordingly, we deny both motions as moot.

It is so ORDERED.

Judge’s signature: ___________/s/ Julie Countiss__________

Acting individually

Date: September 21, 2021