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Sean Jeffrey Foster v. State
10-16-00164-CR
| Tex. App. | Apr 26, 2017
|
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Case Information

*1 IN THE

TENTH COURT OF APPEALS

No. 10-16-00164-CR SEAN JEFFREY FOSTER,

Appellant v.

THE STATE OF TEXAS,

Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2015-102-C2 O R D E R

In Trial Court Case No. 2015-102-C2, appellant Sean Foster pled not guilty to one count of Burglary of a Habitation (Count I), three counts of Indecency with a Child by Contact (Counts II, III, and IV), and one count of Indecency with a Child by Exposure (Count V). A jury found Foster guilty of all counts and assessed Foster’s punishment at

30 years in prison in Count I, 15 years in prison in each of Counts II-IV, and 10 years in prison in Count V. Five judgments were signed, one for each count.

Foster 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. 2015-102-C2. The appeal therefore bears one case number, Court of Appeals No. 10-16-00164-CR.

Foster’s appointed appellate counsel filed a brief challenging only the judgments and sentences for Counts II through V. A brief bringing any alleged error or an Anders - type motion to withdraw and a supporting brief as to Count I 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) (not designated for publication). See also Loredo v. State , No. 10-15-00322-CR (Tex. App—Waco Apr. 21, 2016, order) (not designated for publication); Keene v. State , No. 10-15-00389-CR (Tex. App.—Waco Feb. 15, 2017, order) (not designated for publication).

PER CURIAM Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed April 26, 2017

Foster v. State Page 2

Case Details

Case Name: Sean Jeffrey Foster v. State
Court Name: Court of Appeals of Texas
Date Published: Apr 26, 2017
Docket Number: 10-16-00164-CR
Court Abbreviation: Tex. App.
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