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Reid v. State

Court of Appeals of Texas, Tenth District

January 30, 2014

GARY LEE REID, Appellant
v.
THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2012-2323-C2

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

ORDER

PER CURIAM

An Anders brief was filed by appellant's counsel on January 21, 2014. No motion to withdraw was filed with the Anders brief. A motion to withdraw must be filed before we can proceed further with this appeal. In re Schulman, 252 S.W.3d 403, 412 (Tex. Crim. App. 2008).

Further, the Court has not been presented with an adequate basis to determine that counsel has complied with his "educational burdens" and fully informed the appellant of the right to review the appellate record, to file a brief or other response, and to file a pro se petition for discretionary review. See Meza v. State, 206 S.W.3d 684, 689 n. 23 (Tex. Crim. App. 2006) (discussion of counsel's "educational burdens" when filing an Anders brief); Ex parte Owens, 206 S.W.3d 670, 671 (Tex. Crim. App. 2006) (right to file pro se pdr); Sowels v. State, 45 S.W.3d 690, 693 (Tex. App. —Waco 2001, no pet.), overruled in part on other grounds, Meza v. State, 206 S.W.3d 684, 689 (Tex. Crim. App. 2006) (right to review record and file a brief or other response).

Accordingly, counsel is ordered to file a motion to withdraw within 14 days from the date of this order. Counsel is also ordered to provide to the Court, within 14 days from the date of this order, some form of indication that counsel has provided appellant with a copy of the motion to withdraw and fully informed the appellant of the right to review the appellate record, the right to file a brief or other response, and the right to file a pro se petition for discretionary review. ...


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