History
  • No items yet
midpage
Bobby Lynn Keene v. State
10-15-00389-CR
| Tex. App. | Feb 15, 2017
|
Check Treatment
Case Information

*1 IN THE

TENTH COURT OF APPEALS

No. 10-15-00389-CR BOBBY LYNN KEENE,

Appellant v.

THE STATE OF TEXAS,

Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2014-1063-C2 O R D E R

In Trial Court Case No. 2014-1063-C2, appellant Bobby Lynn Keene pled not guilty to one count of aggravated assault of a public servant (enhanced) (Count I) and not guilty to evading arrest or detention with a vehicle (enhanced) (Count II). A jury found Keene

guilty of both counts and then assessed Keene’s punishment at 40 years and 20 years in prison, respectively, to be served concurrently. Two judgments were signed, one for each count. *2 Keene filed one notice of appeal, showing his desire to appeal from “the judgment of conviction and sentence” rendered against him in Trial Court Case No. 2014-1063-C2. The appeal therefore bears one case number, Court of Appeals No. 10-15-00389-CR.

Keene’s appointed appellate counsel filed a brief challenging only the judgment and sentence for Count I. [1] A brief bringing any alleged error or an Anders -type motion to withdraw and a supporting brief as to Count II must be filed in this proceeding within 30 days from the date of this order. See Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). If counsel files a motion to withdraw, counsel should also file a motion to sever as to that count. See Kirven v. State , No. 10-14-00122-CR (Tex. App.— Waco Oct. 22, 2015, order); see also Loredo v. State , No. 10-15-00322-CR (Tex. App—Waco Apr. 21, 2016, order).

PER CURIAM Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed February 15, 2017

[1] Counsel raised a second issue that challenged the jury charge as to both counts. However, in his reply to the State’s brief, counsel realized the facts did not support the challenge and waived the issue. Keene v. State Page 2

Case Details

Case Name: Bobby Lynn Keene v. State
Court Name: Court of Appeals of Texas
Date Published: Feb 15, 2017
Docket Number: 10-15-00389-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.