Fourth Court of Appeals San Antonio, Texas February 13, 2023 No. 04-22-00689-CR Calvin Pierre HOPKINS, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR10972 Honorable Ron Rangel, Judge Presiding

ORDER Attorney Patrick B. Montgomery is the court-appointed appellate counsel for Appellant Calvin Pierre Hopkins. On February 7, 2023, counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967); see also Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014). Included in the brief was counsel’s motion to withdraw.

The Anders brief has been accepted, but the motion to withdraw does not comply with the requisite procedures. See Kelly, 436 S.W.3d at 319–20.

Counsel’s motion to withdraw does not do the following: • inform Appellant of his right to file a pro se response, • inform Appellant of his right to review the record before filing that response, • provide Appellant with a form motion to request a copy of the appellate record which lacks only Appellant’s signature and date, • inform Appellant that he must file a request for the appellate record within ten days of the date of counsel’s motion to withdraw, or • inform Appellant of his pro se right to seek discretionary review should the court of appeals declare his appeal frivolous.

Contra id. We STRIKE Appellant’s motion to withdraw. We ORDER Patrick B. Montgomery to file an amended motion to withdraw that fully satisfies the Anders and Kelly requirements within TEN DAYS of the date of this order. See Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 319–20; see also TEX. R. APP. P. 6.5.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of February, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court