Opinion
No. 05-15-00857-CR
03-01-2016
CHAD ALLEN BROWN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-00082-R
ORDER
The Court REINSTATES the appeal.
On February 25, 2016, we denied appellant's fourth motion to extend time to file his brief because appellant had not tendered his brief by February 24, 2016, the date requested in the motion. On February 25, 2016, appellate counsel tendered a motion to withdraw and an Anders brief in support of the motion. Accordingly, we conclude findings are no longer necessary and VACATE the February 25, 2016 order to the extent it required findings.
We note that appellate counsel is retained, not appointed. The provisions of Anders and its progeny apply only to appointed counsel. See McCoy v. Court of Appeals of Wis., Dist. 1, 486 U.S. 429 (1988); Oldham v. State, 894 S.W.2d 561, 562 (Tex. App.—Waco 1995, no pet.). Retained counsel who conclude an appeal is frivolous must file a motion to withdraw under Texas Rule of Appellate Procedure 6.5.
Counsel's motion to withdraw in this case does not state that counsel informed appellant of his right to object. However, it does state that appellant was sent a copy of the brief and given instructions about requesting the record to file a response. Accordingly, we will treat the motion to withdraw as falling under rule 6.5.
We STRIKE the Anders brief tendered on February 25, 2016.
We will hold counsel's motion to withdraw for ten days to give appellant the opportunity to file an objection, if he so chooses. At the conclusion of ten days, the Court will rule on the motion to withdraw.
We DIRECT the Clerk to send copies of this order to counsel for all parties.
We further DIRECT the Clerk to send a copies of this order and the motion to withdraw as counsel to appellant Chad Allen Brown, TDCJ No. 02007618, Middleton Unit, 13055 F.M. 3522, Abilene, Texas 79601.
/s/ LANA MYERS
JUSTICE