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Quinn v. State

Court of Appeals of Texas, First District

December 17, 2013

Jonithan Quinn
v.
The State of Texas

Trial court: 208th District Court of Harris County number: 1264043

ORDER

LAURA CARTER HIGLEY JUSTICE

Appellant, Jonithan Quinn, appeals from the trial court's judgment signed April 30, 2012. The clerk's record was filed in this case on June 26, 2012. The reporter's record was filed in this case on October 12, 2012. On December 14, 2012, appellant's appointed counsel filed a motion to withdraw and an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967). Appellant's Anders response was due January 14, 2013.

On November 6, 2013, appellant, through different counsel, filed a motion for extension of time to file his Anders response. The Court granted appellant's motion and extended the deadline for appellant to file his Anders response to November 26, 2013. Appellant did not file an Anders response. Instead, appellant filed a motion to substitute his new retained counsel for his previously appointed counsel. The Court granted appellant's motion and ordered the Clerk of the Court to substitute Troy J. Wilson for Craig Bundick as appellant's counsel of record.

Because appellant has now retained counsel, the Anders procedures are no longer applicable. See Whaley v. State, No. 14-04-00835-CR, 2005 WL 171428, at *1 (Tex. App.— Houston [14th Dist.] Jan. 27, 2005, no pet.) ("The Anders procedural safeguards are not applicable, however, to an appellant who is represented by a retained counsel."). Therefore, the Court strikes the Anders brief previously filed on December 14, 2012. "[A]ny meritorious ground for appeal [Mr. Wilson] intends to raise on appellant's behalf [must] be presented to this court in a brief complying with the requirements of Rule of Appellate Procedure 38.1." Matthews v. State, Nos. 07-10-00385-CR, 07-10-0386-CR, 2011 WL 1376908, at *2 n.2 (Tex. App.—Amarillo Apr. 12, 2011, no pet.).

Accordingly, we ORDER appellant's brief to be filed within 20 days of the date of this order. See Tex. R. App. P. 38.6(d). Appellee's brief will be due 30 days from the date appellant's brief is filed. See Tex. R. App. P. 38.6(b). Due to the previous delays in this appeal, no further extensions of ...


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